ANNEX A 

Participation of the Civil Society in the preparatory Seminars aiming the National Implementation Plan (NIP) pertinent to the PDF-B Project  sponsored by the Global Environment Facility (GEF) and executed by the Brazilian Government 

National Implementation Plan of the Stockholm Convention - NIP-POPs-Brazil  

In the Brazilian case and due to the complexity involved, GEF – Global Environmental Facility financed a preparatory project named Project Development Facility – ID 2096, Status PDF-B, to survey national needs and elaborate the NIP proposal. Coordinated by the Ministry of Environment, the project was planned to hold 3 national seminars (Pesticides; Dioxins & Furans; PCBs). 

 

Seminar on Pesticides

 

On August 15^th and 16^th 2005, the Seminar on Pesticides was held to treat the following substances: aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex e toxaphene. Ministry of Environment did not want to discuss on hexachlorobenzene (HCB) alleging that this substance should be discussed in the next seminar to be held on non-intentional sources.  ACPO delivered a document requiring the HCB discussion was made on that event, alleging that such substance should be discussed not only in the non-intentional sources, but also in the intentional sources event.  ACPO argued that although HCB was not used in the Brazilian agriculture, it is present in several cases of environmental contamination in Brazil (for example, the Rhodia Case in the Baixada Santista region, State of São Paulo).  In Brazil several populations were exposed and contaminated by HCB in the past, because HCB was wrongly used as fertilizer and pesticides.  Therefore the issue of HCB should be discussed in the two events, as a pesticide and as a non-intentional emission. During the pesticides seminar, however, the discussion was superficial, having only been treated the search and destruction of obsolete stocks, contaminated areas, destruction costs and the fight against smuggling.  

 

Seminar on Dioxins and Furans

 

The Seminar on Dioxins and Furans was held on February 6^th and 7^th 2006.  In the initial part it was presented critical issues of dioxins and furans.  Although the general audience had well-structured opinions about such problems, the state environment agencies’ and industry’s representatives were not prepared to give an effective and coherent contribution for the NIP-POPS. During the Seminar 3 workgroups discussed three different themes: G1 – main sources inventory; G2 – capacity-building and infra-structure and G3 – reduction and elimination measures.  

Two persons from NGOs participated in the Group 3 (“Reduction and Elimination Measures”) with three discussion lines: a) Non-intentional Processes; b) Information Capacity-building and Levels of Information and; c) Technological Alternatives. The Group was represented by industry (50%), Government (36%) and NGOs (14%) sectors.  Although the industry and state environmental agencies sectors did not have consistent proposals, they did not want the NGOs’ proposals were included in the group report, in spite of the fact that the NGO’ sector was the only one that had effective proposals for controlling, reducing and eliminating dioxins and furans emitted by fixed sources. 

The first strategy of the state environment agencies (OEMAS) was to propose to send the discussion to a national government policy to be laid down sometime in the future.  And, asked by the NGOs’ representatives, OEMAS declared that they would continue to issue environment licenses to industrial activities liable to emit POPs.  The industry’s representatives, after having been asked about their proposals of reduction and elimination of POPs, answered that they were very involved in other more urgent activities and issues, and hadn’t time to elaborate their proposals.  They also informed that did not have notion of their role in the Implementation Plan of the Stockholm Convention.  

During the group discussions, the NGOs’ representatives finally presented a list of objective proposals, but OEMAs and industry representatives tried to impede it.  The Sao Paulo environment agency’ representative proposed that the NGOs contributions were only approved if voted by the group, knowing that they have the majority of the votes, sufficient to reject them.  The NGOs representatives had to remind the group that it was not a deliberative assembly, i.e., that the very purpose of the seminar was to collect proposals without censure, and that all the proposals should be presented to the Ministry of Environment for its due assessment.  But, as the climate was very uncomfortable and unfriendly, not favorable for the openhearted and free-spirited dialogue, the NGOs accepted that their proposals were sent to the plenary.  

In the plenary session, MMA coordinators decided that all the participants could present proposals afterwards. The NGOs’ representatives alleged that it did not assure the necessary transparency, since the proposals of the other sectors would not be discussed if sent after the event. To remediate the disagreement among the sectors, the Event coordination determined that the proposals would be sent to all participants by electronic mail to be analyzed by them.  

Until now the final consolidation of the document was not sent by the MMA seminar coordination.  

It follows the document delivered by the NGOs, represented by ACPO – Associação de Combate aos POPs (State of São Paulo); ADRVDT-CPA – Associação em Defesa de Reclamantes e Vitimados por Doenças do Trabalho na Cadeia Produtiva do Alumínio (State of Pará) and APROMAC – Associação de Proteção ao Meio Ambiente de Cianorte (State of Paraná). 

● Adoption of the “bubble” policy as a measure of POPs reduction in new licensing processes of emission sources (adopting the replacement rate of 1:1,x).   After concluding the inventory of dioxins and furans, it shall be necessary to apply the bubble policy, i.e., for each new source of POPs to be licensed, it shall be necessary to remove the same quantity plus a reduction rate of the existing sources. 

● Consistent actions to recover contaminated areas (identification of new areas, decontamination plans and execution timetable, and for the old areas, an audit about the actions taken until now).  

● Creation of the National Commission of Implementation of the Stockholm Convention with 50% of the member representing the civil society, since it is the most vulnerable sector concerning the consequences of the POPs contamination.  Besides, civil society comprehends a wide scope of groups, each on having a specific knowledge about realities and problems, and great potential to contribute with solutions.  The purpose of said Commission is the assessment and short and long term decision-making about POPs matters. 

● Creation of a national network of state committees with the same percentage number of civil society members, to reach a more efficient implementation of the Stockholm Convention.  (In case is not possible to create such committees, it is necessary at least to create an independent focal point in each state using the existing structures to promote and monitor the Implementation Plan at a state level, politically autonomous and subordinated to the National Commission of Implementation of the Stockholm Convention).   

● Creation of financial mechanisms to promote NGOs capacity-building courses organized by civil organizations aiming at the NIP.  According to the Stockholm Convention, efficient actions are necessary to allow the participation of civil society, such as social leadership capacity-building and local technical support. 

● Financial support to studies of the social impacts resulting from POPs contamination to be performed by NGOs. (NGOs must participate in the organization and supervision of theses studies to assure that the results be obtained through acceptable methodologies).   

● Projects to inform the Judiciary Power about the obligations assumed by Brazil under the Stockholm Convention.  (Besides Stockholm Convention is a legal instrument, and considering the necessity of Brazilian legislation review and its possible adaptations and procedural implications under the Stockholm Convention, it is necessary a specific program or project). 

● Projects to inform and help Social Security to incorporate the Stockholm Convention concepts and policies.  (It is necessary that the Social Security recognizes the contamination accidents, by chronic or acute exposure, and takes the measures of mitigation and non-exposure to new chemicals as recommended by the medical guidance).  

● Through the National Commission, the creation of an interlocution with other Ministries to treat precaution, prevention and mitigation of social impacts from POPs contamination.   (It is necessary that the Ministries, p. ex., Education, Health, Culture, Labor, Social Security and others be invited to present its contribution to the Stockholm Convention implementation). 

● Financial support to assure the environmental, epidemiological and toxicological studies of the communities affected by cement kilns that incinerate hazardous waste, incineration plants and other sources listed in the Annex C of the Stockholm Convention.  (The vulnerable communities, under the provisions of the Stockholm Convention, have the right to know on the impacts they are being exposed). 

● International Seminar to discuss the technological alternatives to POPs non-combustion and minimum-risk treatment. (National and international organized civil society condemns the use of combustion technologies for POPs treatment).  

● State Seminars to create permanent dialogue strategies between organized civil society, affected communities and other social movements, and the state and local environment authorities.  

● Effective participation of the environmentalist NGOs in the processes of Risk Communication for the Brazilian society. 

● Review of the requirements concerning the licensing of POPs emission sources under the Stockholm Convention and the Precautionary Principle obligations. 

● Adequacy of the environmental legislation (EIAs/RIMAs). 

● Renew of the environmental licenses in force under the Stockholm Convention.  

● Inspection work shifts by the environmental authorities during the 24 hours to follow the POPs emissions elimination and control process. 

● Creation of a standardized system for monitoring the destruction of the obsolete stocks containing dioxins and furans, as well as the standardized system for monitoring the emissions.  

● Establishment of a 100% public laboratory for detection of dioxins and furans (in each region of the country, at least). 

● To foresee in the NIP a specific amount to make possible the OEMAs and environmentalist NGOs to comply with the strategies proposed in this document.  

 

Seminar on PCBs

 

The Seminar on PCBs was held on February 8^th and 9^th 2006.  The participants worked in three workgroups: WG1 – PCBs Stocks in Brazil: Methodology – PCBs equipment under operation and as a waste – Electric equipment containing PCBs – Inventory of PCBs electric equipment, areas and contaminated facilities  - Other PCBs sources; WG2 – Reduction of Risks and PCBs Elimination: Reduction Measures – Disposal and Elimination – Evaluation of Health Risks – Divulgation and Communication and; WG3 – Necessary Adequacies.  

The pressure of the previous days was reduced maybe because some critical representatives had left from the meeting, and the NGOs may work more pleasantly, discussing the proposals and amendments together with the other sectors. 

The Workgroup 1 presented a background of the PCBs problems in Brazil and recommended the following actions:  

● Institution of a workgroup to prepare, follow and consolidate the inventory information to assure the correct interpretation; 

● Elaboration of an information collection mechanism as an on-line form, firstly inserted in the Federal Technical Register as a strategy to obligate the source to fill it informing if there is or not PCB equipment at the plant, covering the potentially pollutant activities in the first stage; 

● In a 2^nd stage could be included the other activities that use PCBs equipments such as: banks, hospitals, malls, etc; 

The Workgroup 2 presented several recommendations; some of them are the following:  

● To evaluate existing technologies for elimination of POPs to ground the decision-making, with wide participation of the society. 

● To enhance the inspection of the storage procedure, aiming at elaborating a elimination plan for companies’ stocks, considering the deadline of 2025. 

● To perform environmental assessments using diverse matrixes with the purpose of identifying possible sources, liabilities and affected communities.  

● To make periodical toxicological evaluations and epidemiological studies with the purpose of assessing the population contamination levels.  

● To include the PCBs assessment (POPs) in corporate occupational exams. 

● To create a risk reduction plan (to reduce the probability of exposure); 

● To held a Seminar (National/International) on Alternatives of POPs Elimination. 

● Integration and divulgation of the environmental, epidemiological and occupational assessments.  

● Capacity-building and training of technicians, public managers, civil society representatives, community leaders, as well as other actors involved in the following areas:

· Environmental Education for POPs.

· Identification, prevention and treatment of POPs human contamination.

· Request for environmental, occupational and agricultural assessments.

· Analysis of data generated by the Convention implementation.

· Types listing of sources and impacts. 

● National Plan of divulgation and communication of the Stockholm Convention, involving professionals in the communication area. 

The Workgroup 3, also presented several recommendations, such as:  

● There are federal and state legal instruments, but they are not congruent.  

● At a federal level: there are regulations, but they are incomplete. 

● It is necessary the involvement of all correlate areas of the federal government (Ministry of Health, Ministry of Environment, Ministry of Labor). 

● It is necessary to establish national reference values to set contamination in industrial and trade equipment, facilities and materials. 

● To establish criteria and standards to the assessment of contamination through  several environmental aspects. 

● To regulate aspects of the occupational health.  

● To search for the best way of final disposal. 

● To perform and follow the PCBs elimination plans, establishing conditions to renew the environmental operation licenses of companies having PCBs under operation, stock or as a liability.  

● To propose a calendar with intermediate goals, compatible with the provisions of the Stockholm Convention for PCBs elimination. 

● To stimulate the development of non-combustion technologies to PCBs final disposal and the industrial technological development. 

● to create a permanent group to follow the legislation application aiming the implementation of standardized actions in all the States and Cities.  

● To assure in the legislation the right to know and the right to say ‘no’, mainly in the areas of influence.