Proceedings South Africa 2-06-09 - Rotterdam Convention

REPORT
of the National Consultation to identify elements of a National Action Plan or strategy
for the implementation of the Rotterdam Convention in South Africa
Durban, South Africa / 23-27 February 2009

THE ROTTERDAM CONVENTION
ON THE PRIOR INFORMED CONSENT PROCEDURE
FOR CERTAIN HAZARDOUS CHEMICALS AND PESTICIDES
IN INTERNATIONAL TRADE
SECRETARIAT OF THE ROTTERDAM CONVENTION
Food and Agriculture Organization of the United Nations Environment Programme (UNEP)
United Nations (FAO)
International Environment House
Viale delle Terme di Caracalla
11-13, Chemin des Anémones
00100 Rome, Italy.
CH – 1219 Châtelaine
Tel: (+39 06) 5705 3441
Geneva, Switzerland.
Fax: (+39 06) 5705 6347
Tel: (+41 22) 917 8296
E-mail: pic@pic.int
Fax: (+41 22) 917 8082
E-mail: pic@pic.int

Table of Contents
Introduction .......................................................................................................................................... 4
Meeting flow.......................................................................................................................................... 6
General Workshop Recommendations............................................................................................... 9
Agenda and timetable......................................................................................................................... 11
Executive Summary of South Africa’s draft National Action Plan or elements of a strategy for
the implementation of the Rotterdam Convention:......................................................................... 15
Elements of South Africa’s National Action Plan for the implementation of the Convention .... 18
Presentations from stakeholders ....................................................................................................... 29
Session 3: .................................................................................................................................. 29
a) Department of Environmental Affairs and Tourism.............................................. 29
b) Department of Health.............................................................................................. 34
c) Department of Agriculture ...................................................................................... 37
d) Department of Industry and Commerce ................................................................. 40
e) Chemical Allied Industry Association..................................................................... 43
f) AVCASA/Croplife South Africa.............................................................................. 46
g) Civil Society.............................................................................................................. 48
Session 4a: .................................................................................................................................. 50
a) Department of Environmental Affairs and Tourism.............................................. 50
b) Department of Trade and Industry - ITAC............................................................. 51
c) Department of Trade and Industry - SARS ............................................................ 53
Session 4b: .................................................................................................................................. 56
a) Department of Environmental Affairs and Tourism – Share experiences in
preparing notification of final regulatory action ........................................................................... 56
Session 4c: .................................................................................................................................. 60
a) Department of Agriculture – ................................................................................... 60
Session 4d: .................................................................................................................................. 61
a) Department of Environmental Affairs and Tourism.............................................. 61
Participant’s List ................................................................................................................................ 62
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Introduction
The third meeting of the Conference of the Parties (COP3) in Decision RC.3/6 adopted a programme
on the national and regional delivery of technical assistance for 2007-2008. The programme was
characterized by a move away from regionally-based training activities and placed a greater
responsibility on Governments to define their technical assistance needs and to be proactive in
seeking assistance to meet those needs. The programme was composed of activities that were
tailored to the specific needs of individual countries or small groups of countries with a focus on
those actions that are deemed necessary for Parties to implement fully the Convention.
A key element to the success of these consultations was bringing together a range of stakeholders
involved in the implementation of the Rotterdam Convention, including Ministries of agriculture,
health, environment, industry, commerce, Customs authorities, etc. The consultations provide an
opportunity to review in detail the status of implementation of the Convention within a country and,
for each of the obligations under the Convention, consider what is to be done, by whom and whether
and how things might be improved. They also consider how the work on the Rotterdam Convention
might be integrated with ongoing chemicals management activities in a country as well as with
relevant regional and global activities such as the Basel and Stockholm Conventions or the Strategic
Approach to International Chemicals Management (SAICM).
Overall Objective
To facilitate a national dialogue among relevant stakeholders on the implementation of the Rotterdam
Convention as the basis for identifying the key elements in a national action plan or a strategy for the
implementation of the Convention.
A further objective of the meeting was to ensure that participants identified possible synergies among
all these chemicals management activities with a view to strengthen the collaborative framework at
the national level as a foundation for effective and coordinated action to address national chemicals
management and raise the priority for implementation of those programmes.
Approach
The consultation was convened for up to five days and involved up to a total of 30 participants. The
meeting operated through a series of plenary sessions and breakout groups. To make the process
inclusive, all the stakeholders rotated in chairing the different sessions.
In order to ensure the effectiveness of the consultation, the DNA was requested to prepare a brief
report on how chemicals were managed in the country, the status of implementation of the Rotterdam
Convention and the key challenges being faced. In general, the Secretariat and selected stakeholders
made presentations on specific elements of the Convention followed by an opportunity for questions
and answers. Participants also worked in breakout groups on specific issues. In order help structure
the work in the breakout groups the Secretariat developed a set of tables for each of the key elements
of the Convention. The tables were intended to serve as a means of capturing the discussions in the
breakout groups over the week and assist in defining what was needed to be done, the key players
and, where possible, a time line. A small drafting group was then tasked with preparing a
summary/introduction highlight the status of implementation of the Convention in, the key challenges,
how they were to be addressed, key conclusions, priorities for action and next steps.
Expected Outputs
Expected outcomes of the meeting were:
a. A clear understanding of the Rotterdam Convention, its objectives, how it operates and national
responsibilities.
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. Review existing mechanisms of inter-ministerial cooperation including the currents status of the
implementation of other Multilateral Environmental Agreements, including the Basel and
Stockholm Conventions and identify possible synergies and opportunities for
collaborative/cooperative in the implementation of the Rotterdam Convention.
c. An overall strategy and elements for a national action plan for the implementation of the
Convention based on the following:
• Understanding the key operational elements of the Convention, definition of the role of
DNAs, other relevant Ministries/agencies and industry;
• Identifying the challenges to the implementation and operation of the Convention; options on
how to address these challenges and the lead Ministries/agencies for follow-up;
• Integration of the Rotterdam Convention with ongoing chemicals management activities;
The summary/introduction prepared by the drafting group, together with the tables completed in the
breakout groups, constituted the primary report of the consultation. The report and the associated
priorities for action might serve as the basis for a national action plan or strategy for the
implementation of the Convention.
Next steps
The meeting report sets out the needs and priorities for action of South Africa in the implementation
of the Convention. It may also serve for the following purposes:
i) To facilitate follow up by participating Government Departments and to monitor
progress in the implementation of the Convention;
ii) As reference for future national and sub-regional activities related to the Convention
and to chemicals management in a broader sense;
iii) To assist donors in identifying areas for assistance;
iv) To contribute to the identification of priorities for action among countries within a
region, e.g. to the regional DNA meetings or thematic meetings;
v) Provide feedback to the Secretariat in developing future technical assistance
activities;
Participants of national meetings are eligible for a National Follow-up Seminar to which the reports
are a key input.
Participants
In total the consultation was attended by 35 participants (representing a diverse range of
stakeholders) and was convened over a period of five days. The following ministries and
organizations were represented:
Government Departments:
‣ The Department of Transport
‣ The Department of Health
‣ The Department of Agriculture
‣ The Department of Water Affairs and Forestry
‣ The Department of Trade and Industry
‣ The South Africa Revenue Services
‣ The South African Police Services
‣ The Department of Environmental Affairs and Tourism
‣ Trade Administration Commission of South Africa
Non Governmental organisations
‣ GroundWork
‣ Endangered Wildlife Trust
‣ South African NGO Coalition
‣ Responsible Container Management of South Africa
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Industry
‣ The Chemical and Allied Industrial Association
‣ Agricultural & Veterinary Chemical Association of South Africa
‣
Meeting flow
Opening and introduction – purpose/structure of meeting
The purpose of this session was to provide a formal opening to the meeting. The Secretariat and local
host described the objectives and structure of the workshop.
Session 1:
Introduction to the Rotterdam Convention
The purpose of this session was to introduce the objectives and key provisions of the Rotterdam
Convention and the role of the key players in order to ensure a common understanding of a country’s
responsibilities under the Convention.
Session 2:
Status of implementation of the Rotterdam Convention
The purpose of this session was to develop an understanding of the status of implementation of the
Rotterdam Convention in South Africa, the extent to which it was integrated with existing chemicals
management activities and some of the key challenges being experienced. Interesting presentations
were made by some of the stakeholders namely, the Department of Health, the Department of
Agriculture, the Department of Water Affairs and Forestry, the Department of Trade and Industry, the
Department of Environmental Affairs and Tourism, South Africa Revenue Services, Department of
Transport, the Chemical and Allied Industrial Association, the Agricultural & Veterinary Chemical
Association of South Africa and GroundWork (NGO).
DEAT and DTI presented reports on the status of implementation of the Rotterdam Convention and
challenges being encountered. The DEAT presentation also included a legislative framework review.
Session 3:
Review of the key obligations under the Rotterdam Convention
The purpose of this session was to review in detail the key technical obligations under the
Convention as outlined below.
Session 3a)
Import responses/decisions
The Secretariat provided a general overview of import responses under the PIC procedure, and
introduced the documentation available. This included a review of the role and obligations for both
importing and exporting countries and a consideration of the issues to be taken into account when
taking and enforcing import decisions for chemicals subject to the PIC procedure.
The DNA was invited to share experiences in taking, reporting and enforcing import decisions,
highlighting the key challenges faced and how they were addressed.
Break out groups worked through a number of guidance questions. They reviewed the national
legislative and administrative basis for import decisions, stated what was done and identified what
remained to be done in order to set up a process for routinely taking, reporting and enforcing import
decisions, including the key players, timelines and priorities for action. The completed tables,
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including the proposed priorities for action, were presented in plenary for information, discussion and
possible amendments.
The participants were also encouraged to go through the import response section of the e-learning
tool, review, evaluate it and give feedback to the Secretariat.
Session 3b)
Notifications of final regulatory actions to ban or severely restrict a chemical
The Secretariat made a presentation on the requirements of the Convention regarding the preparation
and submission of notifications of final regulatory action and introduced the documentation available.
Breakout groups worked through a number of guidance questions reviewing the national legislative
and administrative basis for national decision-making on chemicals, stated what had been done and
identified what needed to be done in order to set up processes for routinely reporting national
regulatory actions to ban or severely restrict chemicals, including the key players, timelines and
priorities for action. The completed table, including the proposed priorities for action, was presented
in plenary for information, discussion and possible amendment.
The participants were also encouraged to go through the final regulatory action notification section of
the e-learning tool, review, evaluate it and give feedback to the Secretariat.
Session 3c)
Severely Hazardous Pesticide Formulations (SHPFs)
The Secretariat provided a general overview of the provisions regarding SHPFs and introduced the
documentation available. The presentation reviewed the information that should be provided by the
DNA regarding pesticide formulations causing problems under conditions of use in South Africa and
the role of the Secretariat and others in supporting such proposals.
Break out groups worked through a number of guidance questions. They reviewed existing
mechanisms available at the national level to collect information on pesticide poisoning incidents and
the means by which such information might be made available to the DNAs as a basis for a proposal
to the Secretariat. As far as possible they identified what had been done, what needed to be done in
order to set up a process for collecting information on pesticide poisoning incidents in South Africa
and how this information might be reported to the Secretariat, including the key players, timelines
and priorities for action. The completed table, including the proposed priorities for action, was
presented in plenary for information, discussion and possible amendment.
The participants were also encouraged to go through the severely hazardous pesticide formulations
section of the e-learning tool, review, evaluate it and give feedback to the Secretariat.
Session 3d)
Export notification and information to accompany exported chemicals
The Secretariat provided a general overview of the provisions regarding export notifications, the
information to accompany exported chemicals and introduced the documentation available. The
presentation reviewed the role of both exporting and importing countries, highlighting the elements
of a national process for the implementation of these obligations.
Since South Africa was a big exporter of PIC chemicals (DDT) in the Southern African region, the
breakout groups focused on the responsibilities of an exporting country to send out an export
notification form accompanied by relevant information, as mandated by the Convention. As with
previous sessions the completed table, including the proposed priorities for action, was presented in
plenary for information, discussion and possible amendments.
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The participants were also encouraged to go through the export notification section of the e-learning
tool, review, evaluate it and give feedback to the Secretariat.
Session 4:
Information Exchange under the Rotterdam Convention
The purpose of this session was to review the broad range of information relevant to chemicals
management that was available under the Convention and to consider how it might be used at the
national level. In plenary the Secretariat reviewed the range of information available under the
Convention concerning hazardous chemicals, the implementation of the Convention and information
relevant to general chemicals management. The presentation highlighted how this information might
be used to strengthen chemicals management at the national level, in particular decision-making on
potentially hazardous chemicals. Moreover, the Secretariat highlighted the need to share information
internally. It had been recognised that some information was being collected in offices and not being
shared with or disseminated to some key users of the information.
Session 5:
Integration with other regional or international activities on chemicals
The purpose of this session was be to identify opportunities to integrate the work of the Rotterdam
Convention with ongoing national or sub-regional activities on the implementation of other relevant
international agreements on chemicals, e.g. the Stockholm and Basel Conventions and SAICM. The
Secretariat made a presentation on the linkages between the Rotterdam, Basel and Stockholm
Conventions and highlighted possible opportunities for an integrated approach to implementation at
the national level. A brief presentation on the key elements of SAICM was also provided.
The Basel Regional Centre for English-speaking African countries was not yet functional, since they
were in the process of recruiting the Director to be responsible for managing the centre. DEAT also
highlighted how the centre could play an important role in awareness creation and training activities
for all the Conventions.
Session 6:
action
Review work of Sessions 3 through 5 and confirm next steps and priorities for
The purpose of this session was to provide an opportunity for participants, working in one group, to
review the completed tables for each of the operational elements and consolidate the comments
presented by the two groups and confirmed the priorities identified under each area.
In order to draw together the results of the discussions in the breakout groups and in Plenary, a small
drafting group was tasked with preparing a summary/introduction to the work of the breakout groups
as reflected in the completed tables. This was the key output of the meeting and formed the basis for
a national action plan or strategy for the implementation of the Rotterdam Convention in South
Africa.
Session 7: Review and adopt elements of a national plan or strategy for the implementation of
the Rotterdam Convention
The purpose of this session was for the stakeholders present to endorse their road map action plan for
implementation of the Rotterdam Convention and for the Secretariat to outline the possibility of a
national follow-up seminar (after 6 months) to facilitate review and adoption of the report by a
broader range of stakeholders than were able to participate in the meeting.
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This session also provided participants with an opportunity to give feedback to the Secretariat on the
effectiveness of the workshop, including the relevance of the background documents and
presentations and make general recommendations.
General Workshop Recommendations:
An administrative mechanism which specifically assisted with the coordination of the activities
required to fulfill the country’s obligations under the Rotterdam Convention had been set up through
the National Committee for Chemicals Management. An implementation framework for the
Rotterdam Convention was formulated by the participants and would be finalized and updated
regularly. No final regulatory actions had been notified to the Secretariat; however the DNA had
initiated a process that will lead to the submission of Final Regulatory Actions for the country by
June 2009. Presently a framework for the processing of export notifications and Prior Informed
Consent notifications was being developed and would be legalized and published in the Government
Gazette. This would ensure that the requirements of the Convention could be implemented in the
country. PIC circulars were being received however to date this information had not been distributed
to relevant stakeholders. No proposals on severely hazardous pesticide formulations had been
notified for consideration by the Chemical Review Committee.
The meeting adopted elements of a National Action Plan and the following were some of the gaps or
challenges identified:
• The need for a robust, legal system to implement the Rotterdam Convention; which
includes; -the assigning of unique tariff codes to identify the chemicals listed under the
Rotterdam Convention and other MEAs;
• Enforcing the requirements of the National Health Act and the Fertiliser, Farm Feeds and
Stock Remedies Act in relation to the reporting of poisoning cases.
• The development of a system to distribute PIC circulars and general information exchange on
chemicals.
• Identify the relevant provisions within NEMA and/or IGRFA which would form the basis of
the NCCM mandate;
• Identify research needs to support the work of the CRC and develop terms of reference for
participation in the CRC;
• Convene a workshop along the same lines as the Rotterdam workshop to develop an action
plan for the Stockholm Convention.
Actual Outputs of the meeting
Upon reviewing the comments in the workshop evaluation forms, the following were observed;
• The participants really appreciated the secretariat’s explanation of processes and procedures
involved in the PIC Convention;
• Most participants thought that the objectives of the consultation were clearly spelt out; the
contents and structure – well arranged and useful;
• The terminology may not have been very easy but was explained clearly;
• The breakout groups were welcomed; they all enjoyed sharing experiences, information and
discussing national issues and educating each other; thus achieving the objective of dialogue
among the stakeholders; the generation of debates was appreciated;
• Participants also appreciated the way the Convention covered other MEA issues and
identified areas were synergies were essential for a holistic approach to chemicals
management;
• There were suggestions that the DNA needed to tap into the databases already available in
other sectors with a view to strengthen the implementation of the Convention;
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• Participants appreciated the enthusiasm showed by the Secretariat and knowledge of the
subject at hand;
• The NGOs particularly appreciated being asked to attend, and treated like equals with their
Government colleagues, and the open dialogue forum;
• The different stakeholders enjoyed elaborating how they could participate and work with
others in ensuring a safe chemical environment and implementation of the Convention;
• The equating of the PIC list to a banned chemicals list; although the PIC list is not a
recommendation list for banning chemicals, some participants felt that the PIC list somehow
carried that image!
• Request for more information on SHPF was made;
• A few participants (8 %) thought that the DNA was a bit reluctant to embrace new ideas and
enter into a dialogue with the stakeholders;
• Some participants felt that there should be a mechanism to review the goals set during the
week in the draft national action plan.
Thus, most of the participants appreciated the presentations made by the resource persons and
enjoyed the atmosphere of transparency where they actively exchanged ideas with other stakeholders
as they reviewed their status and proceeded to chart a way forward for South Africa to take regarding
the effective implementation of the Rotterdam Convention. Participants also enjoyed the active
participation and passion for the environment displayed and the synergies linking all those that had a
part to play in the sound management of chemicals.
By the end of the consultation the participants managed to put together elements of a draft strategy
for the implementation of the Rotterdam Convention which had clear roles for the different
stakeholders. They also managed to review the current situation they were in and identified the
challenges that they were experiencing and made suggestion as to how they could best deal with them.
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Agenda and timetable
National consultation to identify elements of a National Action Plan or strategy for the
implementation of the Rotterdam Convention for South Africa, The Riverside Hotel, Durban,
South Africa, 23-27 February 2009
AGENDA
Time Activity Presenter
DAY 1
Chair: DEAT
Session 1: Opening and introduction – purpose/structure of meeting
Morning Opening Remarks
DEAT
9.00-10h00
Opening Address by Deputy Minister of Environmental Affairs &
Tourism
Ms Mabudafhasi
Opening Remarks - Secretariat
Opening Remarks- FAO Representative
Introduction and structure of the meeting
Session 2: Introduction to the Rotterdam Convention
10h00-12h30
Introduction of Participants & Secretariat
Logistical arrangements
What is Rotterdam Convention and what it is not:
Key provisions of the Convention and key players
Status of implementation of the Convention
Discussions
Session 3: Implementation of the Convention
Afternoon
14.00-17.00
LUNCH 12.30-14.00
South African presentation: status of implementation of the
Rotterdam Convention and challenges being encountered :( also the
integration of implementation activities for RC with existing
chemicals management programmes and challenges).
South African Presentation: Review of Legislative Framework for
Implementing the RC
Presentations from stakeholders on the part they play in the
implementation of the convention.
DEAT
Secretariat
FAO
Representative
Secretariat
ALL
DEAT &
Riverside
Secretariat
Secretariat
DEAT
DEAT
15 min
presentations
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17h30-19h30
Brief introduction to the work of the Breakout groups and review the
e-learning tool
Reception
DAY 2
Session 4: Review of the key obligations under the Rotterdam Convention
Morning
9.00-12.30
Afternoon
14.00-17.00
Presentation on the PIC procedure
4a) Import responses/decisions
Import responses and the PIC procedure: role and obligations for both
importing and exporting countries.
Share experiences in taking and reporting import decisions
Guidance to Breakout groups and review of the e-learning tool:
Groups will review the national legislative and administrative basis for
the import decisions
Reports of BOGs: the completed tables, including the proposed
priorities for action, to be presented in plenary
LUNCH 12.30-14.00
4b) Notifications of final regulatory actions to ban or
severely restrict a chemical
Requirements of the Convention regarding the preparation and
submission of notification of FRA
Share experiences in preparing and submitting a notification of final
regulatory action
Guidance to the BOGs work and introduction to the working tables
and review of the e-learning tool: The groups will review the national
legislative and administrative basis for national decision-making on
chemicals
Reports of BOGs: the completed tables, including the proposed
priorities for action, to be presented in plenary
Dept of Health
Dept of
Agriculture
Department of
Trade and
Industry
Business
Industry
NGO
Secretariat
Chair: DTI
Secretariat
DEAT
ITAC
SARS
Secretariat
BOG
Chair: ITAC
Secretariat
DEAT
BOG
BOG
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Morning
9.00-12.30
DAY 3
Session 4c) Severely Hazardous Pesticide Formulations (SHPFs)
General overview of the provisions regarding SHPFs
Share experiences in collecting information on pesticide poisoning
incidents as a basis for a proposal for SHPF
Guidance to the BOG work and introduction to the working tables and
review of the e-learning tool
The groups will review existing mechanisms available at the national
level to collect information on pesticide poisoning incidents and the
means by which such information might be made available to the
DNAs as a basis for a proposal
Chair:Secretariat
Secretariat - FAO
Dept of Health
Dept of
Agriculture
NGO
BOG
Afternoon
14.00-17.00
LUNCH 12.30-14.00
Session 4d) Export notification
- A general overview of the provisions regarding export notifications
– Swiss case study
Share experiences in issuing and/or acknowledging export
notifications in the country, highlighting the processes followed
Guidance to the BOG work and introduction to the working tables
and review of the e-learning tool
BOGs to review existing mechanisms at the national level for issuing
export notifications clearly defining the role of the Government (DNA
and Customs authorities) as well as the Chemical Industry, Exporters
and Freight companies.
Reports of BOGs: the completed tables, including the proposed
priorities for action, to be presented in plenary
DAY 4
Session 5: Information Exchange under the Rotterdam Convention
Morning
9.00-12.30
Presentation on the information exchange provisions under the
Convention, the type of information available and how it might be
used to strengthen chemicals management at the national level
Share experiences in using the information available under the
Convention in national chemicals management activities
Guidance to the BOG work and introduction to the working tables
and review of the e-learning tool
Opportunity for a more in-depth discussion on how the information
available under the Convention might be used at the national level;
To revisit the tables completed in session 4;
LUNCH 12.30-14.00
Chair: Health
Secretariat
(Regional expert)
DEAT
ITAC
BOG
Chair: Agriculture
Secretariat
DEAT
BOG (no plenary
report)
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Session 6: Integration with other regional or international activities on chemicals Chair: Business
Afternoon
14.00-17.00
Linkages between the Rotterdam, Basel and Stockholm Conventions
and highlight possible opportunities for an integrated approach to
implementation at the national level.
Key elements of SAICM-QSP programme
Secretariat
Secretariat
A focal point for SAICM or of the Basel or Stockholm Convention or DEAT
a stakeholder may present other chemicals management activities in
DTI
the country
Discussions
Session 7: Review work of Sessions 4 through 6 and confirm next steps and priorities for action
Guidance to the drafting group:
In the light of the plenary discussions on MEAs and SAICM, drafting
group to review the completed tables for each of the operational
elements presented in Sessions 4 to 6, confirm the priorities identified
under each area and draw up a “short list” of overall priorities
DAY 5
Drafting group
Chair: Secretariat
Session 8: Review and adopt elements of a national plan or strategy for the implementation of the
Rotterdam Convention
09h00-12h30
Review the introduction/summary prepared by drafting group including
the priorities for action and accompanying tables prepared previously
Discussions
Outline the steps for finalization and distribution of the proceedings of
the meeting and possibility of a National Follow-up seminar
Workshop feedback
Closing
Secretariat
Participants
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Executive Summary of South Africa’s draft National Action Plan or elements of a strategy for
the implementation of the Rotterdam Convention:
The workshop concentrated on activities related only to implementing the MEA’s for which the
Department of Environmental Affairs is the focal point. Related activities include the implementation
of the Stockholm Convention, SAICM and the Basel Convention.
With respect to the Stockholm Convention DEAT is the focal point. Currently the Country is
developing its National Implementation Plan. The country is also represented and actively
participates in the Conference of the Parties (COP) and the Persistent Organic Pollutants Review
Committee (POPRC).
South Africa is represented at the Strategic Approach to International Chemicals Management
(SAICM) and contributes to its Quick Start Program (QSP).
With respect to the Basel Convention, DEAT has a procedure in place to implement the provisions of
the convention and is represented at the COP and working group meetings.
Current status of implementation of the Convention in the country (notifications, import
responses, SHPFs, export and information management)
A National Designated Authority (DNA) has been identified and South Africa is represented and
actively participates in the Conference of the Parties (COP) and will be the President for COP 5 in
2011. South Africa is also represented at the Chemical Review Committees (CRC) of the Convention.
An administrative mechanism which specifically assists with the coordination of the activities
required to fulfil the countries obligations under the Rotterdam Convention has been set up through
the National Committee for Chemicals Management. An implementation framework for the
Rotterdam Convention has been drawn up and is to be updated and finalised. South Africa has posted
39 import responses on the Rotterdam Convention website, many of which are interim. No final
regulatory actions have been posted to the Secretariat; however the DNA has initiated a process that
will lead to the submission of all the Final Regulatory Actions for the country by June 2009.
Presently a framework for the processing of export notifications and Prior Informed Consent
notifications is being developed and will be gazetted which will ensure that the requirements of the
Convention can be implemented in the country. PIC circulars are received however to date this
information has not been distributed to relevant stakeholders. No proposals on severely hazardous
pesticide formulations have been sent to the Secretariat for consideration of the Chemical Review
Committee.
Identified gaps in capacity to meet the obligations of the Convention and current challenges
The following is a summary of gaps in capacity that have been identified which include the need for a
robust, gazetted system to implement the Rotterdam Convention:
‣ the assigning of unique tariff codes to identify the chemicals listed under the Rotterdam
Convention;
‣ Enforcing the requirements of the National Health Act and the Fertiliser, Farm Feeds and Stock
Remedies Act in relation to reporting of poisonings;
‣ The development of a system to distribute PIC circulars and general information exchange
Identify actions needed to fill the gaps including opportunities to integrate with ongoing actions
at the national level
See priorities for action and list of recommendations to address the identified gaps in Tables 1 – 4
PRIORITIES FOR ACTION
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A. Import Responses
• Put in place information systems to facilitate the process of determining import responses
and notification to the Secretariat
• Put in place information exchange and consultative mechanisms between the regulatory
departments, the DNA and all other stakeholders within the NCCM to ensure effective
implementation of the Convention
• Identify the relevant provisions in legislation, and ensure a predictable and transparent basis
for import responses through gazetting
B. Notification of Final Regulatory Actions to ban or severely restrict a chemical
• Put in place information systems to facilitate the process of drafting Final Regulatory Actions
and notification to the Secretariat
• Strengthen the NCCM to facilitate information exchange amongst all stakeholders
• Institute a process to ensure transparency and predictability, by gazetting and publishing on
the internet, chemicals subject to Rotterdam convention import/export requirements
C. Severely hazardous pesticide formulation
A process of harnessing the available information for the purposes of identifying severely hazardous
pesticide formulations must be established. This would include: identifying all relevant sources of
information and ensuring that the collected data is relevant to the requirements under the Convention.
D. Export Notifications
• Formalise the requirements of the Convention, and build awareness among exporters of
requirements. This should include putting in place transparent and predictable systems to process
notifications
• Conclude work on the integrated export/import permitting framework for MEA chemicals
including identifying HS codes for the relevant chemicals
• Strengthen the NCCM to facilitate information exchange amongst all stakeholders with a view to
inform policy decisions
• Build on existing mechanisms including existing labelling and safety data sheet requirements
• Strengthen port authorities to monitor compliance
E. General Recommendations
The following general recommendations were made:
• Identify the relevant provisions within NEMA and/or IGRFA which will form the basis of the
NCCM mandate
• Identify research needs to support the work of the CRC and develop terms of reference for
participation in the CRC.
• Convene a workshop along the same lines as the Rotterdam workshop to develop an action plan
for Stockholm.
The DNA was of the opinion that most of the work could be undertaken within existing resources.
List of Abbreviations
AVCASA
CAIA
CAS
Association of Veterinary and Crop Associations of South Africa
Chemical Allied Industrial Association
Chemical Abstract System
16

COP Conference of the Parties
CRC Chemical Review Committee
DEAT Department of Environmental Affairs and Tourism
DNA Designated National Authority
DoA National Department of Agriculture
DoH Department of Health
DoT Department of Transport
DoL Department of Labour
DST Department of Science and Technology
DME Department of Minerals and Energy
DWAF Department of Water Affairs and Forestry
EWT Endangered Wildlife Trust
HS
Harmonized System
IGRFA Inter-Governmental Relations Framework Act
ITAC International Trade Administration Commission
MEA Multilateral Environmental Agreements
MOU Memorandum of Understanding
NCCM National Committee for Chemicals Management
NEMA National Environmental Management Act
POPRC Persistent Organic Pollutants Review Committee
DTI The Department of Trade and Industry
QSP
Quick Start Programme
RCMSA Responsible Container Management South Africa
SAICM Strategic Approach to International Chemicals Management
SANGOCO South African Non-Governmental Organization Coalition
SANPARKS South African National Parks
SAPS South African Police Service
SARS South African Revenue Services
SHPF Severely Hazardous Pesticides Formulations
17

Elements of South Africa’s National Action Plan for the implementation of the Convention
Import Responses
Scope: Import responses for Annex III chemicals
Channel of communication: between Party and Secretariat; within a Party
Leading question What has been done? What needs to be done? Who is
responsible
and how to
proceed?
What is the legal or
administrative basis for taking an
import decision for chemicals
listed in Annex III (e.g. these
chemicals may have been
banned, subject to use
restrictions, registered with out
use restrictions, never
registered)?
Do we have relevant
documentation to allow informed
decision taking?
SA has a legislative framework
-Act 36 of 1947 (FFAS) Section
16, Act 15 of 1973 (Haz
Substances) is also applicable,
National Health Act, OHS,
Mines Safety Act and
Regulations R452/R453,
NEMA, Waste Act to be
promulgated, International
Trade, Administration Act,
Customs and Excise Act, 91 of
1964, An Interdepartmental
committee is established
(NCCM)
Decision Guidance Document
is available
Ensure that all chemicals are covered in the
legislative framework and determine gaps
Continue to take decisions on basis of
National legislation
Establish an information system that will
contain all decisions taken for a specific
substance and gazette, add to websites DEAT
and DTI
Strengthened collaboration amongst parties
who may have influence on the import
decision before transmission RSA decision/
listing
DNA, DoH,
DoA, DoL and
DoT
NCCM
Timeline
What information is considered
in taking import decisions for
chemicals listed in Annex III,
and to what extent is the
Decision Guidance Document
considered in taking such
decisions?
Is there a procedure in place to
ensure timely decision making
and submission of an import
18
Legal framework of the
country, currently the decision
guidance document is not used
Currently there is no process in
place
Legal framework and use decision guidance
document to support the decisions of the
country
Identify a process for submitting an import
notification to the Secretariat in the
framework for processing responses for MEA
DNA and
NCCM
DTI, DNA and
NCCM

esponse to the Secretariat?
What are the challenges in
implementing a procedure for the
preparation and submission of
import responses under Article
10?
Are there legislative or
administrative measures in place
to communicate all import
decisions for chemicals in Annex
III of the Convention as reported
in the PIC Circular, to those
concerned within your country
(identify who communicates to
whom, how, when and what)?
Are those concerned aware of the
implications of your national
import decisions, e.g. need to
cease local production in case of
no consent?
Are there legislative or
administrative measures in place
to ensure that any export of the
chemicals listed in Annex III
complies with import decisions
of importing Party (identify how
is the procedure and who are
responsible)?
DNA not always informed of
decisions that get taken by
other departments related to
chemicals considered by
MEA’s.
No, there is no proper
administrative tools to
communicate all import
decisions; PIC circulars
Not currently
Currently the systems in place
are not sufficiently detailed to
allow specific chemicals to be
identified
for which DEAT is the focal point
All decisions on chemicals being considered
by other departments on MEA chemicals
should be discussed at the NCCM.
Finalise the development of the framework
for permitting of MEA’s for the future and
ensure a procedure to communicate these
decisions to all concerned through the NCCM
Strengthen communication between the
Departments that has the legislation and the
DEAT DNA as well as other stakeholders.
PIC circulars to be provided to NCCM when
received
Review interim responses for finalisation and
submit import response for the remaining
chemicals on annex III
Decisions should be documented and aligned
with HS code. Need to be with a specific HS
code and that should reflect the decision on a
specific substance.
DNA, DTI and
NCCM
DNA and
NCCM
DNA and
NCCM
DNA, DTI ,
SARS and
NCCM
What are the challenges The HC codes are not detailed Identify HS codes with sufficient digits to DNA, DTI ,
associated with enforcing enough. The import decisions uniquely identify RC chemicals. The import SARS and
national import decisions and are not sufficiently advertised. decisions are to be gazetted and the placed on NCCM
ensuring the import decisions of
websites of DNA and DTI.
importing countries are
respected?
Challenges; -institutional conflicts; limited funding; and lack reporting systems for ease of completion of forms and fulfilment of obligations.
19

Notifications of Final Regulatory Action
Scope: All chemicals that are banned or severely restricted in your country
Channel of communication: between Party and Secretariat
Taking final regulatory actions on
chemicals and notifying the
Secretariat
Implementation and Enforcement
Current legal
infrastructure/
administrative
procedure
What has been done? What needs to be done? Who is
responsible
and how to
proceed?
Describe the process followed in
taking final regulatory actions on
chemicals in your country (who is
involved and how would you
characterize the result, e.g. are
chemicals banned (negative list of
chemical), permitted for use
without restrictions (positive list),
permitted but subject to use
restrictions
Fertilizer, Farm
Feeds Act (FFFA)
Hazardous
Substances Act
Occupational
Health & Safety
Act
Environment
Conservation Act
Waste Act
Asbestos
Regulations
Asbestos:
Asbestos regulations were
promulgated in 2008. This
regulation prohibits the use of
asbestos and asbestos containing
material in the country.
The role of the DNA is to
establish a coordinated
structure to enable parties to
communicate and be involved
in the process
Complete form for non
Annex III banned chemicals
and gazette
Develop criteria for
identification of additional
chemicals of concern
Identify additional chemicals
of concern for South Africa
DNA/NCCM
Briefly describe the basis for final
regulatory actions to ban or
severely restrict a chemical, e.g. are
they based on a hazard evaluation, a
risk evaluation, regulatory decisions
taken in other countries etc.?
How is a Final Regulatory Action
taken and what are the reasons
underlying the decision
As above
Various substances have been
banned or severely restricted in
terms of the Hazardous Substances
Act or FFFA
Identified significant health impact
National and International data
Cabinet decision
Identification of environmental
impact
Monitoring data
International best practice
Decisions are gazetted under each
of the laws/regulations
As above
As above
DoH
DoL
DoA
DoA
DoL
DoH
20

documented?, e.g. why a chemical
may be banned or severely
restricted?
Which processes are in place to
notify the Secretariat of any/all final
regulatory actions to ban or
severely restrict a chemical in line
with Article 5?
What are the challenges to taking
final regulatory actions to ban or
severely restrict chemicals?
Which challenges are faced by the
DNA in notifying the Secretariat of
final regulatory actions to ban or
severely restrict chemicals?
No process is in place
Such regulatory action is in the
process of being collected and data
transferred to PIC form. Reasons
for action being sought. Relevant
IGO e.g. WHO documentation will
also be used as source of
information
Contents of export notifications are
collated in a database which will be
used to prioritise actions in the
As above
Challenges will be addressed
through process described
above
And use of the guideline
Challenge will be for
communication of new
substances/regulations being
disseminated between all
stakeholder departments.
Information and coordinated
research is required to
substantiate actions.
NCCM
NCCM
Not used now NCCM
21

Proposals for Severely Hazardous Pesticide Formulations
Scope: Any pesticide formulation that causes severe health or environmental problems under the conditions of use in your country.
Channel of communication: within a Party; between Party and Secretariat
Collecting information on
pesticide poisoning
incidents and submitting
proposals to the
Secretariat
What systems are in place to
collect information on
pesticide poisoning incidents
(human health or the
environment)?
Available infrastructure
for pesticides poisoning
report
Information is collected at a
municipal level in terms of
the Health Act, as well as
the local by-laws. Municipal
health services respond to
complaints or incidents of a
poisoning
In addition, the inspection
services (under Act 36 of
1947) collect information
around incidents of pesticide
poisoning.
Relevant information also
exists at the three Poison
Centres; SAPS also has
information related to
criminal poisoning
AVCASA poison work
group
What has been done? What could be done in the future? Who is
responsible
and how to
proceed?
All of these are sources of
information, but there are no
systems in place to collate or
ensure all information reaches
the appropriate sections within
DoH for cases of human
poisoning.
Information on environmental
impacts (including on
biodiversity, wildlife;
agriculture and water) may
exist but is not being collected
or utilised with the objective of
identifying the pesticide
formulations causing these
impacts.
The critical issue would be to
improve information collection and
communication between these entities
and to collate and analyse the data
with a view to identify the SHPFs.
Create a single database
Avoid duplication
Collect information from provincial
parks boards and privately owned
game reserves
Sources of information for
environmental contamination need to
be identified.
Health
authorities –
local,
provincial and
national
Poison centres
SAPS
DoA
NGOs
DWAF
Research
Institutions
NCCM
Where information on
pesticide poisoning incidents
is collected, is it sufficiently
NGOs such as EWT have
information on wildlife
poisoning
Information exists for
human poisoning in many
different places. Information
DoH has initiated the National
Chemical Safety Programme
which will address issues
Determine what detail is required and
develop system to obtain sufficient
information to form the basis of
NCCM
DoH
22

detailed to support a
proposal regarding a SHPF
under Article 6?
What process would need to
be put in place in order for
such information to be made
available to the DNA and for
the DNA to use this
information to prepare and
submit a proposal to the
Secretariat under Article 6?
To what extent are the
incident report forms
developed by the Secretariat
used to collect information
on pesticide poisonings?
What role might be played
by non-governmental
organizations (NGOs) in
collecting information on
pesticide poisoning
incidents?
What are the challenges
faced by the DNA in
preparing a proposal on a
SHPF and submitting it to
the Secretariat?
To what extent are the
proposals for SHPFs from
other countries (as
summarized in the PIC
Circular) considered in
should be collected by DoH.
It is not clear whether the
information collected will
fulfil the requirements of the
RC.
Less information exists for
wildlife poisoning and
environmental
contamination.
The Endangered Wildlife
Trust monitors a basic trend
for poisoning of wildlife,
based on reported poisoning
events and toxicological
analysis of specimens.
around poisoning incidents.
Some information is being
collected by inter alia NGOs on
wildlife poisoning.
Consolidated database of
information
Not at present
Contribution by other NGOs
should be encouraged.
Not at present
policy decision if required
Ensure that the information being
collected includes that which would
be needed for a PIC notification
Ensure that the required information
is collected
As above
Lack of researched information
Inadequate co-ordination of
information
Could be used to develop appropriate
interventions by the responsible
policy department which will receive
the circulars regularly from the DNA
NCCM
NCCM
NCCM
NCCM
NCCM
23

chemicals management
activities in your country?
How is/might this
information used to
strengthen national decision
making on chemicals?
As above
NCCM
24

Export notification
Scope: chemicals banned or restricted in the exporting party
Channel of communication: between Parties
Leading question What has been done? What needs to be done? Who is responsible and
how to proceed?
What process is in place for
acknowledging the receipt of
export notifications?
DNA, DTI and the NCCM
Dedicated person identified to
acknowledge export notifications
and 2 nd person identified for
quality control.
A framework for processing of MEA’s is to be
developed and gazetted. This system will consider
an integrated, commonly used permit process and
reporting system
What would be necessary to
ensure timely acknowledgement
(identify who communicates to
whom, how, when and what)?
What are the challenges in
developing and implementing a
process for the timely
acknowledgement of export
notifications?
What system in place to control
and monitor the export of
chemicals that are banned or
severely restricted at national
level (identify, who
communicates to whom, how,
when and what)?
What system in place to ensure
that export notifications are sent
prior to export of chemicals that
are banned or severely restricted
at national level (identify, who
communicates to whom, how,
when and what)?
Letter of acknowledgment is sent.
There is a database kept of export
notifications
Currently export notifications are
acknowledged timeously
Currently timely submission with
relevant required information
from the exporter (company) to
the DNA
None there is no unique tariff
code to allow the identification of
PIC chemicals specifically
Presently ad hoc process of letter
writing, the requirements are not
well specified so there could be
non-compliance and exports
could be happening without
following the required process
The gazetted process for the processing of MEA’s
for which DEAT is the focal point will assist in
ensuring timely acknowledgment and that
exporters are aware of the requirements
No challenges in developing the process. The
process has been initiated.
Identify unique HS tariff codes through the SARS
process, then, ITAC to request a permit.
Chemicals that are banned are to be identified
through the tariff code and imports stopped.
An export notification form needs to be developed
as part of the framework for the processing of
MEA’s. Awareness in the industry must be
created to ensure compliance. MOU must be
signed between the various parties to ensure that
the framework for processing MEAs for which
DEAT is responsible is implemented
DNA & DTI need to
finalise the process with
DTI and SARS and gazette
DNA & DTI with
stakeholders of the NCCM
DNA, DTI, SARS, ITAC
and NCCM stakeholders
DNA, DTI & NCCM
25

What system is in place to ensure
that the information requirements
under Article 13 of the
Convention are met when banned
or severely restricted chemicals
are exported (identify, who
communicates to whom, how,
when and what)?
- the specific Harmonized System
customs codes developed by the
World Customs Organization
(WCO) is provided;
- the exporters apply these Codes
and customs authority in your
country check them;
- labels in one of the official
languages of the importing
country are provided;
- a safety data sheet is provided;
What are the challenges in
developing and implementing the
necessary processes and who
would need to be involved?
The required shipping labelling is
applied in South Africa. Safety
data sheets are provided in
shipping
No challenges the systems are
currently in place
The labelling system should continue to be used
to ensure safety in the workplace, and ensure the
use of the safety data sheet. Strengthen Ports
Authority
The system should continue to be used
Shippers and Ports
Authority officials
26

RECOMMENDATIONS RESPONSIBILITY TIMELINE
Import responses
Establish how current legislation can severely restrict or ban hazardous chemicals and DNA, DOL, DOA, DOH, July 2009
pesticides
NCCM
Confirm all interim import responses DNA October 2009
Submit outstanding import responses DNA October 2009
Establish information system that will contain all decisions taken; gazette and place DEAT, DTI February 2010
on website DEAT and the dti
Strengthen collaboration and consultation amongst parties which might have impact NCCM July 2009
on the import decision
Use decision guidance documents to support decisions and to improve management DNA, DOL, DOA, DOH, July 2009
by relevant regulatory department
NCCM
Include the process of handling import notifications in framework DNA, DTI, NCCM March – October 2009
Include a process for submitting timely import notification responses in the
DNA, DTI, NCCM March – October 2009
framework
Communicate all decisions on chemicals of concern being considered by other DNA, DOA, DOH October 2009
departments to stakeholders through the NCCM
Circulate the PIC circulars to NCCM members when received. DNA March 2009
Ensure proper training of all involved DNA, NCCM March 2009 - ongoing
Notification of final regulatory action to ban or severely restrict a chemical
Use the NCCM to ensure communication amongst all stakeholders DNA, NCCM Ongoing
Complete the current process to submit all outstanding final regulatory actions to the DNA October 2009
Secretariat
Develop criteria to identify chemicals for future notification of regulatory action DNA, DTI, NCCM March 2010
Identify chemicals in terms of the criteria DNA, DoA, DOH, NCCM When required
Establish a process for regulatory departments (DOH and DOA) to inform DNA of DNA, DoA, DOH, NCCM March 2010
final regulatory action
Gazette the list of chemicals subject to final regulatory action DNA March 2010
Place the gazetted list of chemicals subject to final regulatory action on the chemical DNA, DTI April 2010
industry and DNA website
Develop an understanding of the nature of severe restriction for group 1 and 2
pesticides and chemicals and hazardous chemical substances in the workplace
DNA, DoA, DOH, DOL,
DME, NCCM
March 2010
Severely hazardous pesticide formulation
Identify all sources of information on human poisoning
DNA, DoA, DOH, DOL,
SAPS, NCCM
October 2009
27

Identify all sources of information on other poisoning
DNA, DoA, Parks Boards October 2009
NCCM
Identify sources of environmental contamination by MEA chemicals DEAT, DWAF, DOH March 2010
Develop a template of information required for purposes of identifying the offending DNA, NCCM, DOH, DOA,
substances, where appropriate to make proposals to the Rotterdam Convention
Determine the data required by the Secretariat to report on SHPFs and refine form to
include all types of poisoning
DOA, DNA,NCCM March 2010 – March
2011
Export notification
Develop the integrated export/import permitting framework for the processing of DNA, DTI, ITAC, SARS, March –October 2009
MEAs, and gazette it
NCCM
Include timeframes for responses in framework DNA, DTI, NCCM March –October 2009
Identify unique HS codes for MEA chemicals
DNA, DTI, ITAC, SARS, March –October 2009
NCCM
Develop import export notification form for inclusion in the framework
DNA, DTI, ITAC, SARS, March –October 2009
NCCM
Raise industry awareness to promote compliance DNA, NCCM March 2009 - ongoing
Conclude MOUs between various parties to facilitate implementation
DNA and relevant February 2010
departments
Continue to use and enforce existing labelling and safety data sheet system DNA, DOL, DOH, DOT Ongoing
Strengthen port authorities to monitor compliance
DNA, DPE, DOT, Shippers July 2009
and port authorities,
NCCM, DOH ( Port Health
Officials)
Use information in export notifications to inform chemical management priorities DNA, NCCM October 2009 -
Ongoing
Use information in export notifications to ensure protection of worker health and DNA, DOL
October 2009 -Ongoing
safety
General
Identify research needs to support the work of the CRC DNA, NCCM July 2009
Develop terms of reference for participation in the CRC DNA, NCCM October 2009
Convene a workshop along the same lines as the Rotterdam workshop to develop an DEAT to prepare guidance October 2009
action plan for Stockholm
Identify the relevant provisions in NEMA and Intergovernmental Relations
Framework Act (IGRFA) to empower the NCCM in terms of implementing chemical
MEAs
Organise a follow-up session to track progress in implementing the recommendations
of the workshop
28
tables
DNA, NCCM July 2009
DNA, NCCM October 2009

Presentations from stakeholders
Session 3:
a) Department of Environmental Affairs and Tourism
Slide 1
Slide 3
Slide 2
Slide 4
29

Slide 5
Slide 7
Slide 6
Slide 8
30

Slide 9
Slide 11
Slide 10
Slide 12
31

Slide 13
Slide 15
Slide 14
Slide 16
32

Slide 17
Slide 18
33

) Department of Health
Slide 1
Slide 3
BACKGROUND
ROTTERDAM CONVENTION
Ramsook Loykisoonlal
Deputy Director: Environmental Health
National Department of Health
23 February 2009
• Prior to 2005, the National Department of
Health delegated the control of hazardous
substances to Provincial Departments of
Health in terms of the Hazardous Substances
Act 15 of 1973.
• In May 2005, the National Health Act 61 of
2003, allocated control of hazardous
substances and chemical safety to Provincial
Departments of Health and Municipalities
(Metros and Districts) respectively.
Slide 2
Slide 4
PURPOSE
• To inform delegates on the role played by
the Department of Health (DoH) in the
implementation of the Rotterdam
Convention.
DISCUSSION
• 752 Hazardous substances dealers
(industries/companies) in South Africa.
• Compulsory in terms of section 4 of
Hazardous Substances Act, 1973 licences to
be issued.
• Two (2) regulations (R452 and R453)
promulgated on 25 March 1977 under
Hazardous Substances Act, 1973.
• R452: list of Group 1 Category A & B
hazardous substances.
• R453: includes licence requirements
(prescribed form, valid for one calendar year
ending 31 December and R10 revenue
stamp, etc), conditions of sale or supply,
34

Slide 5
DISCUSSION (CONTI)
• Records to be kept (3 years), labelling, duties
of inspectors, disposal of empty containers
and offences (fine of R500).
• Inspectors has to be authorized in terms of
the Hazardous Substances Act, 1973 under
section 8 by DG.
• Northern and Western Cape Provincial EHP’s
has been authorized while North West
province is in the process.
Slide 7
DISCUSSION (CONTI)
• and industrial chemicals.
• Pesticides will focus mainly on pesticide
registration, risk assessment, poisoning
reporting/investigation, safe disposal of
pesticide wastes and containers.
• NCSP will also focus on research, training,
capacity building and development.
• Consultant appointed to train EHP’s on
hazardous substances and health care
waste.
Slide 6
DISCUSSION (CONTI)
• Department of Health has developed and
finalized the National Chemical Safety
Programme (NCSP) in 2008.
• Aims and objectives of NCSP:
‣ To reduce morbidity and mortality rates;
‣ To protect human health and environment;
and
‣ To foster management and control of
chemicals from cradle to grave approach.
• Three (3) main focus areas includes
pesticides, other hazardous chemicals and
heavy metals
Slide 8
CHALLENGES
• Outdated legislation (Act and Regulations).
• Lack / inadequate human resources at ports
of entries (land/border).
• Data base not linked to NHIS on reported
poisoning cases/investigations from
provinces.
• Inadequate compliance and enforcement.
35

Slide 9
WAY FORWARD
• Link data base from provinces on poisoning
cases/investigations to NHIS.
• Review Hazardous Substances Act and
regulations.
• Strengthen human resources capacity at
land/border ports of entries.
• Training, development and capacity building.
• Stricter compliance and enforcement.
36

c) Department of Agriculture
Slide 1
Slide 3
PESTICIDES MANAGEMENT
IN SOUTH AFRICA
ROLE OF DEPARTMENT OF AGRICULTURE IN
THE IMPLEMENTATION OF THE CONVENTION
JONATHAN MUDZUNGA
FOOD SAFETY AND QUALITY ASSURANCE DIRECTORATE
REGISTRAR: ACT NO. 36 OF 1947
PROCESS OF PESTICIDES REGISTRATION
Our role is to independently evaluate the safety and
performance of pesticides intended for sale, making
sure that the health and safety of people, animals and
the environment are protected.
• Environmental toxicology: environmental
chemistry and toxicology of products, as well as
their environmental fate is also partially
evaluated. This is done to address environmental
concerns that may arise from the intended use of
a product
Slide 2
Slide 4
PESTICIDES MANAGEMENT
INFRASTRUTURE
The Department of agriculture (DoA) is responsible for the
regulation of pesticides.
The DoA administers the Fertilizers, Farm Feeds,
Agricultural Remedies and Stock Remedies Act, 1947 (Act
36 of 1947). In undertaking its role, the DoA consults with
range of key stakeholders including:
• Pesticides Industry, Farmers organizations
• Other government departments and academics/research
organizations
• general public, Non Government Organizations
• International organizations
PROCESS OF PESTICIDES
REGISTRATION
Safety to humans - continues
-mammalian toxicology: to identify possible human
health effects of pesticides and establish the levels at
which humans can be exposed to the products without
any harm is done. Studies assessed include short-and
long term toxicity, carcinogenicity, genotoxicity and
teratogenicity
-Food residue evaluation where a product could come
in contact with food is also conducted. These
evaluations are conducted to set MRLs
37

Slide 5
Slide 8
PROCESS OF PESTICIDES
REGISTRATION
Efficacy data is also needed to establish the products
does what it claims to do and the rate it should be
applied.
Only if there is sufficient scientific evidence to show
that a product does not pose unacceptable health or
environmental risks and that it serves a useful
purpose, will a decision to register be made.
Labels: Once approved registered products have an
label that includes important instructions for correct
use and relevant safety information.
STATUS OF USE PESTICIDES IN
ANNEX III IN SOUTH AFRICA
DNOC and its salts (such as
ammonium salt, potassium
salt and sodium salt). DNOCnot
registered.
Potassium or Sodium salts
(MCPA)- is registered.
Ethylene dichloride: not
registered in
1,2-dibromoethane (EDB)
registered.
Ethylene oxide : is registered
Fluoroacetamide: not registered.
Hexachlorobenzene :not
registered
Lindane : registered . To be
banned in April 2009.
Mercury Compounds: not
registered.
Parathion: Still registered
Pentachlorophenol (PCP):
registered
Toxaphene: Not registered
Tributyltin Compounds: Not
registered.
Methamidophos: registered
Phosphamidon: not registered
Methyl-parathion: registered
Dustable powder formulations
containing a combination of
bromyl, cabofuran and thiram
The formulation combination of
benomyl, cabofuran and thiram
is not registered, however
Cabofuran and Thiram are
registered separately.
Slide 6
Slide 9
PROCESS IN RESTRICTING OR
BANNING OF PESTICIDES
Obligation to contribution to the safe use of
chemicals at a global level:
• Stockholm Convention
• Montreal Protocol
• With regard to formulations classified by WHO
as Extremely Hazardous (class I) as well as
pesticides associated with frequent and severe
poisoning incidents, such products are
restricted to trained professional pest control
operators or are eventually ban is the risk
posed by of such pesticides becomes
unmanageable.
CHALLENGES ON THE THE
IMPLEMENTATION OF THE CONVENTION
Currently there is very weak import-export regulatory
mechanisms in place to support national obligation
under Rotterdam convention.
No coordination amongst government
departments/agencies that are suppose to implement
the convention.
Very little or no research/monitoring is conducted in
South Africa to better assess the impact of pesticides
on public health and the environment.
Slide 7
Slide 10
COMPLIANCE MATTERS
An important part of the DoA’s role is to ensure that
when supplied to the marketplaces, pesticides, comply
with the provisions of the legislation by applying the
following two compliance strategies to ensure that
standards of registration are maintained:
• Prevention – promoting greater awareness and
understanding of the registration and compliance
requirements.
• Enforcement – DoA actively investigates alleged
breaches and implements risk based enforcement
strategies. These can include prosecution, recall or
negotiated compliance
MECHANISMS TO SUPPORT BLIGATION
UNDER THE ROTTERDAM CONVENTION
To address the current regulatory gap where
pesticides under the Annexure III of the Rotterdam
Convention and pesticides of concerns, currently
DoA is reviewing the import tariff codes with the
intention of improving the controls measures for
import and export.
Once such regulatory tariff framework is in place we
hope that it will allows South Africa to exercise its
rights to either refuse or accept import of certain
pesticides of concerns.
38

Slide 11
MECHANISMS TO SUPPORT BLIGATION
UNDER THE ROTTERDAM CONVENTION
DOA together with the pesticides industry is
currently reviewing all the formulations classified by
WHO as Extremely Hazardous, as well as
pesticides associated with frequent and severe
poisoning incidents with an intention of using the
“substitution principles” as an important tool to
promote the replacement of pesticides with less
toxic products and also to restrict pesticides of
concerns to trained professional applicators.
39

d) Department of Industry and Commerce
Slide 1
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40

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41

Slide 9
42

e) Chemical Allied Industry Association
Slide 1
Slide 2
Global initiative of the chemical industry where national
associations, such as CAIA, and their members work
together to continuously improve the health, safety and
environmental performance and communications with the
public.
Slide 3
43

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44

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45

f) AVCASA/Croplife South Africa
Slide 1
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46

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47

g) Civil Society
Slide 1
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48

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49

Session 4a:
a) Department of Environmental Affairs and Tourism
Slide 1
Slide 4
Slide 2
Slide 5
Slide 3
50

) Department of Trade and Industry - ITAC
Slide 1
Slide 3
International Trade
Administration Commission
Who?
Why?
What?
How?
Where?
Import & Export
Control
Purpose
• health
• safety & security
• environmental
• social & strategic
• beneficiation & domestic market
erosion
• legal framework – Act /
Regulations
Slide 2
Slide 4
International Trade
Administration Commission
Origin of ITAC
Aim of ITAC
Core functions
• customs tariff investigations
• trade remedies
• import & export control
Import & Export
Control
Distinction
• new goods
• used goods & second hand
goods
• waste & scrap
51

Slide 5
Slide 7
Import & Export
Control
Operational
• 6618 product tariff lines – 276
imp & 177 exp
• co-operation agreements -
stakeholders
- provide legal platform
• electronic permit system
-interface SARS Customs
- data reports
Import & Export
Control
Statistics 2007/2008
Permit application adjudicated -
25 000
Import Permits Issued - 15 569
Export Permits Issued - 6 666
Unscheduled Inspections - 500
Scheduled Inspections - 685
Slide 6
Slide 8
Import & Export
Control
Enforcement of the Act
• inspections
• investigations
• seizure of goods
• limited capacity
Import & Export
Control
www.itac.org.za
52

c) Department of Trade and Industry - SARS
Slide 1
Slide 3
Slide 2
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53

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54

Slide 9
55

Session 4b:
a) Department of Environmental Affairs and Tourism – Share experiences in preparing notification
of final regulatory action
Slide 1
Slide 3
Slide 2
Slide 4
56

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57

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59

Session 4c:
a) Department of Agriculture –
Slide 1
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Slide 2
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Slide 3
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60

Session 4d:
a) Department of Environmental Affairs and Tourism
Slide 1
Slide 4
Slide 2
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Slide 3
Slide 6
61

Participant’s List
Ms Rejoice Mabudafhasi
Deputy Minister: Department of Environmental
Affairs & Tourism
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
E-Mail: rmabudafhasi@deat.gov.za
Ms Nosipho Ngcaba
Director General: Department of Environmental
Affairs and Tourism
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
E-Mail: nngcaba@deat.gov.za
Ms Joanne Yawitch
Deputy Director General: Environmental Quality and
Protection
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 3666
E-Mail: JYawitch@deat.gov.za
Ms Nolwazi Cobbinah
CD: Pollution & Waste Management
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
Tel: (+27 12) 310 3356
Fax: (+27 12) 322 2309
Cell: (+27 82) 304 2772
E-Mail: ncobbinah@deat.gov.za
Ms Dee Fischer
D: Waste Stream Management
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 3857
Fax: (+27 12) 320 0024
Cell: (+27 82) 772 9837
E-Mail: dfischer@deat.gov.za
Ms Noluzuko Gwayi
62
DD: Chemicals Management
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 3393
Fax: (+27 12) 320 0024
Cell: (+27 82) 96 89484 / (+27 79) 88 66582
(+27 79) 88 66582
Mr Thendo Nethengwe
AD: Chemicals Management
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 3897
Fax: (+27 12) 320 0024
E-Mail: tnethengwe@deat.gov.za
Ms Solveig Crompton
(Policy Analyst) Deputy Director: Environment Sec Trade
Dev
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 3099
E-Mail: SCrompton@deat.gov.za
Mr Teboho Sebogo
DD: Policy Analyst
(DD responsible for SAICM)
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 33913
E-Mail: tsebego@deat.gov.za
Mr Sabelo Malaza
Director: Compliance Monitoring
Regulatory Service
Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
Tel: (+27 12) 310 3397
E-Mail: smalaza@deat.gov.za
Mr Obed Baloyi
Director: Waste Policy & Information Management

Department Environmental Affairs and Tourism
Private Bag X 447
Pretoria 0001
South Africa
Tel: (+27 12) 310 3833
Fax: (+27 12) 322 5515
E-Mail: Obaloyi@deat.gov.za
National major stakeholders
Mr R Loykisoonial
Department of Health
Private Bag X828
Pretoria 0001
South Africa
Tel: (+27 12) 312 3256
Fax: (+27 12) 312 0270
E-Mail: loykir@health.gov.za
Ms Funeka Portia Bongweni
Department of Health
Private Bag X828
Pretoria 0001
South Africa
Tel: (+27 12) 312 0270
Fax: (+27 12) 312 3181
E-Mail: bongwF@health.gov.za
Ms Aneliswa Cele
Director: Environmental Health
Department of Health
Private Bag X 28
Pretoria 0001
South Africa
Tel: (+27 12) 312 3124
Fax: (+27 12) 312 3181
Cell: (+27 83) 512 3639
E-Mail: CeleA@health.gov.za
Mr Jonathan Maluta Mudzunga
The Registrar
Department of Agriculture
Private Bag X250
Pretoria 0001
Tel: (+27 12) 319 7303
Fax: (+27 12) 319 6765
E-Mail: MalutaM@nda.agric.za
Mr. Labious Masike
Department of Agriculture
Private Bag X250
Pretoria 0001
Tel: (+27 12) 319 7303
Fax: (+27 12) 319 6765
E-Mail: LabiousM@nda.agric.za
Ms Elsabe Steyn
Department of Trade and Industry
Private Bag X84
Pretoria 0001
South Africa
Tel: (+27 12) 394 1362
Fax: (+27 12) 394 2362
E-Mail: ESteyn@thedti.gov.za
Mr. Zakhele Mdlalose
Director: Environment
Department of Trade and Industry
Private Bag X84
Pretoria 0001
South Africa
Tel: (+27 12) 394 1165
Fax: (+27 12) 394 2165
Cell: (+27 82)712 2613
E-Mail: ZMdlalose@thedti.gov.za
Dr Tshenge Demana
Department of Trade and Industry
Private Bag X84
Pretoria 0001
South Africa
Tel: (+27 12) 394 1165/1382
Fax: (+27 12) 394 2382
E-Mail: TDemana@thedti.gov.za
Ms Silke Bollmohr
Specialist Scientist – Aquatic Ecotoxicology
Department of Water Affairs and Forestry
Private Bag X313
Pretoria 0001
South Africa
Tel: (+27 12) 808 9505
Fax: (+27 12) 808 0338
Cell: (+27 83) 229 2442
E-Mail: BollmohrS@dwaf.gov.za
Mr Melusi Thwala
Senior Freshwater Scientist- Aquatic Ecotoxicology
Department of Water Affairs and Forestry
Private Bag X313
Pretoria 0001
Tel: (+27 12) 808 9537
Fax: (+27 12) 808 0338
Cell: (+27 82) 600 5703
E-Mail: thwalam@dwaf.gov.za
Mr Mulaudzi Tshilidzi
Deputy Director: Chemistry Section
63

South African Police Services
Private Bag X94
Pretoria 0001
Tel: (+27 12) 845 5621
Fax: (+27 12) 845 5623
Cell: (+27 82) 371 7958
E-Mail: mulaudziTL@saps.org.za
Ms Veronica Elenis
South African Revenue Service
Pretoria Head Office
299 Bronkhorst Street
New Muckleneuk 0181
Private Bag X923,
Pretoria 0001
Tel: (+27 12) 422 6918
Fax: (+27 12) 425 6910
Cell: (+27 82) 556 4482
E-Mail: velenis@sars.gov.za
Ms Thabile Ntombela
Senior Manager Strategic Partnerships: Customs
Strategy & Policy
South African Revenue Service
Pretoria Head Office
299 Bronkhorst Street
New Muckleneuk 0181
Private Bag X923,
Pretoria 0001
Tel: (+27 12) 422 5418
Fax: (+27 86) 422 6349
Cell: (+27 83) 386 0501
E-Mail: tntombela@sars.gov.za
Mr J Dikgang
Department of Transport
Private Bag X193
Pretoria 0001
Tel: (+27 12) 309 3973
Fax: (+27 86) 513 7990
E-Mail: DikgangJ@dot.gov.za
Mr. Shumani Mugeri
Department of Transport
Private Bag X193
Pretoria 0001
Tel: (+27 12) 309 3161
Fax: (+27 86) 538 9618
E-Mail: mugeris@dot.gov.za
Mr Donovan Mitchell
Import and Export Control
International Trade Administration
Building D (Kgwebong), 2nd Floor
64
Dti Campus
77 Meintjies Street
Sunnyside, Pretoria
Commission
Private Bag X753
Pretoria 0001
Tel: (+27 12) 394 3663
Fax: (+27 12) 394 0517
E-Mail: dmitchell@itac.org.za
Dr Lorraine Lotter
Executive Director
Chemical Allied Industry Association (CAIA) /Business
Unity South Africa (BUSA)
PO Box 91415
Auckland Park, 2006
Tel: (+27 11) 482 1671
Fax: (+27 11) 726 8310
Cell: (+27 83) 326 4139
E-Mail: caia@iafrica.com
Mr Tom Mabesa
Executive Director
AVCASA/Crop Life SA
P. O. Box 1995
Halfway House 1685
Tel: (+27 11) 805 2000
Fax: (+27 11) 805 2222
Cell: (+27 82) 657 5329
E-Mail: tom@avcasa.co.za
Dr Gerhard Verdoorn
AVCASA/Crop Life SA
P O Box 1995
Halfway House 1685
Tel: (+27 11) 805 2000
Fax: (+27 11) 805 2222
Mr Rico Euripidou
Research Manager
Groundwork
PO Box 2375
Pietermaritzburg, 3200
Tel: (+27 33) 3425 662
Fax: (+27 33) 3425 665
Cell: (+27 83) 519 3008
E-Mail: rico@groundwork.org.za
Mr Charles Nyawo
Chairperson
SANGOCO
PO Box 62233
Bishopsgate 4000
Tel: (+27 35) 550 0207

Fax: (+27 35) 550 0207
Cell: (+27 82) 640 4642
Mr. Tim Snow
Chief of Field Staff & Manager
Endangered Wildlife Trust
Fax: (+27 86) 608 9710
Cell: (+27 82) 463 4104
E-Mail: snowman@ewt.org.za
E-Mail: awittig@pic.int
Dr Sarah Maillefer
Confederation of Switzerland
Tel: (+41 31) 322 8344
Fax: (+41 31) 324 7978
E-Mail: Sarah.maillefer@bafu.admin.ch
Ms Liz Anderson
Responsible Container Management Association SA
Box 894
Umhlali 4390
Tel: (+27 32) 942 8256
Fax: (+27 32) 942 8328
Cell: (+27 82) 453 5020
E-Mail: liz@rcmsa.org.za
Secretariat
Ms. Hannah E. Clarendon
Crop Protection Officer
Food and Agriculture Organization of the United
Nations
FAO Regional Office for Africa
Gamel Abdul Nasser Road.
P.O. Box GP 1628
Accra, Ghana.
Tel: (+233 21) 675 000 Ext 3137
(+233 21) 701 0930 Ext 3137
Fax: (+233 21) 701 0943/ 66 8427
E-Mail: Hannah.Clarendon@fao.org
Mr Alex Mangwiro
Programme Officer
Secretariat of the Rotterdam Convention
United Nations Environmental Programme(UNEP)
11-13, Chemin des Anemones
CH-1219 Chatelaine
Geneva, Switzerland.
Tel: (+41 22) 917 8458
Fax: (+41 22) 917 8082
E-Mail: amangwiro@pic.int
Mr Alan Wittig
Programme Officer
Secretariat of the Rotterdam Convention (UNEP)
11-13, Chemin des Anemones
CH-1219 Chatelaine
Geneva, Switzerland.
Tel: (+41 22) 917 8227
Fax: (+41 22) 917 8082
65