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The treaties regulate the manufacture, sale and use of certain chemicals and require information on government regulation of chemicals to be regularly shared with other governments.  More importantly, the treaties create new international legal obligations that will help assure more consistent, effective regulation across national boundaries.

The POPs treaty targets 12 chemicals (including DDT) that have been heavily regulated in most developed countries for some time.  None are intentionally produced in the United States.  The new legal framework recognizes that there are circumstances where certain chemicals must still be available -- for example, to combat the debilitating health, social and economic consequences of diseases like malaria.  As former Secretary of State Colin Powell noted, the treaty includes appropriate exceptions “in recognition of dire humanitarian need,” but the agreements assure that the continued uses do not exacerbate health or environmental problems. 

The PIC treaty, in turn, enhances chemical management and regulation by obliging importing and exporting governments to exchange information on the chemicals they regulate and their reasons for doing so.

The Bush Administration announced its support of these treaties in April 2001, and shortly afterward sent Congress proposed legislation to implement the obligations into U.S. law. 

The international community has not been waiting for the United States.  Both treaties are in effect.  124 governments have ratified the Stockholm Convention; 106 have ratified the Rotterdam Convention.  The Stockholm and Rotterdam Conventions are the product of a long negotiating process.  Due to the leadership provided by the U.S. government, the treaties oblige other countries, including developing nations, to adopt the same types of regulatory controls that have been applied in this country for years. 

What’s remarkable is that these new treaties, which were negotiated under the Clinton Administration, enjoy a surprising array of support, including the environmental and public health community, the Bush Administration and several members of Congress. The U.S. chemical industry – which participated in the negotiations along with environmental organizations – agrees that the new global rules represented by the treaties are an appropriate step in enhancing health and environmental protections.

Mr. Gillmor’s legislation would make the specific changes that must be made in U.S. law to implement the treaties.  While the bill aligns U.S. law to the treaties, it also assures that the U.S. retains its sovereign right – confirmed in the treaties – to make appropriate domestic regulatory decisions.  The bill does not change existing law on the question of State regulation, and if approved by Congress will assure that the U.S. can address every obligation it has under the treaties.

The agreements protect U.S. interests and provide the means to further the scientific, technical and political leadership U.S. negotiators demonstrated in shaping the treaties.  Mr. Gillmor’s implementing bill will provide further assurance that U.S. interests will be protected and that we can implement future decisions under the treaties

Quick Congressional action on these historic environmental agreements can show a skeptical world that the U.S. sees value in international cooperation and coordination and is willing to take the steps necessary to join in the international community’s decisions.  Hopefully, the House Subcommittee on Environment and Hazardous Materials will approve H.R. 4591, and further action can be scheduled as soon as possible. 

In stating his support for the treaties in 2001, President Bush noted that the treaties are examples of how international environmental policy should work. All that’s missing now is Congressional approval of Mr. Gillmor’s implementing bill.

• SAICM Fact Sheet
• ACC Comments on the European Commission’s Proposal to Adopt a New European Chemicals Policy
• INTA Draft Opinion 
• ITRE Compromise Amendments C81-185 
• ENVI Compromise Packages on REACH 
• ENVI Compromise Amendments 1-16 
• ENVI Amendments 17-18 
• INTA Amendments 221-336 
• IMCO Committee Opinion 
• ITRE Committee Opinion