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Ministry of Environment Secretariat for Environmetal Quality Directorate for Environmental Risk Management Brazil The Symposium on Illegal International Traffic in Hazardous Chemicals Prague-Průhonice, Czech Republic November 2006 Region: Latin America and the Caribbean Country: Brazil Representative: Mr. Robson José Calixto I – Introduction Brazil has impressive dimensions, with 8,547,404 Km2 of territorial space, 8,500 Km of Coastline and 15,735 km of open frontiers, bordering 10 countries (Argentina, Bolivia, Columbia, French Guyana, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela). The economy of the country, in terms of contributions to the Gross Domestic Product (GDP), is concentrated in the following sectors: manufacturing (35,60%) of the GDP in 1999), agricultural and livestock (8,19%), services (49,11%) and retail (7,10%). From October 2005 to September 2006, Brazil exported US$ 47,180 billions in agribusiness, being a key player in agricultural trade, specially soy, coffee, sugar, orange, exotic fruits, and for that reason demanding agrochemicals. The Internet-Based Foreign Trade Information Analysis System (ALICE-Web) run by the Ministry of Development, Trade and Foreign Trade (MDIC)’s Foreign Trade Secretariat (SECEX), was set up to modernize access and systematize publication of statistics relating to Brazilian imports and exports. The system makes available monthly databases since January 1989. Access to ALICE-Web is presently free and users can consult it by product, country of origin and of destination, economic bloc, Federal Unit (State), reducing zone and fiscal domicile, means of transport and port where the product was loaded and unloaded. Brazil has a very strong frame for combating illegal traffic related to fraud and smuggling of hazardous chemicals and wastes, but despite the actions adopted by the Federal Authorities, the illegal traffic is still a problem due to, mainly, actions from exporters who get past the foreign trade information analysis system, and the length of its frontier. II – The Status on Hazardous Chemicals and Types of Hazardous Waste Being Subject to Illegal International Trade Hazardous wastes traded illegally to Brazil, nowadays, are heavy metals (Lead, Zinc, Copper and Cadmium) exported under a common name of the Southern Common Market – MERCOSUR1 for use as micronutrients (see Table below), in fact frauds of the foreign trade information analysis system. Scrap metals also appears. Both are contraventions under the Basel Convention, ratified in 1990 by Brazil, as well as, under national legislation. Responsible Date the Major Country of Transit States Wastes Arrived Constituents Origin in Brazil Reno 29 September Zinc and Copper Italy Spain - Exporter Distribuidora de 2003 Produtos Químicos Ltda Sabre Com. 25 November Zinc and Lead Guatemala France - Imp. Exp. Ltda 2003 Exporter Alfa Comercio 14 April 2004 Zinc and Lead Mexico No transit State Exterior (+ Cadmium) Source: Report presented by Brazil to the Secretariat of the Basel Convention in 2005. The wastes were seized by the Brazilian Internal Revenue Service. As Brazil also imports agrochemicals is victim of illegal traffic due to the length of its frontier. The illegal products are transported in envelopes or plastic bags, with labels in spanish, with 10-200 Grs, generally hidden, in lorries, private cars, boats and ships, buses and small aircrafts (the biggest volumes). On August 2006, the Brazilian Federal Police seized 6,52 tonnes of herbicides and insecticides (Clorimuron, Tebuconazole, Imidacloprid), hidden in lorries at a price of US$ 2,26 million2, around. Fines applied by the Brazilian Institute of Environment and the Renewable Natural Resources – IBAMA ranges from US$ 235 to US$ 935,000. It is important to point out that the illicit acts cover a wide range of possibilities and the fraud reaches up uses at small and medium sized enterprises (CFC, battery carcass and micronutrients), household (detergent, disinfectant), used tyres. On this regard is not fair to affirm that the fakes come just from abroad or overseas, since some national gangs with illegal localized labs can act manipulating chemical products of unknown origin, producing and selling real poisons (in general herb and bug killers). Brazil actively participates in international accords and conventions related to chemicals management, as well as meetings with experts and specific programs, such as Global Mercury Evaluation and International Strategic Approach to Chemicals 1 Details in Section IV. 2 US$ 1 ~ Brazil Reals 2,14. Management, coordinated by the Chemicals Unit of the United Nations Environment Program (UNEP). The illegal chemicals are covered by the Stockholm Convention (POPs), the Montreal Protocol (CFC) and the Rotterdam Conventions (pesticides) as well and Brazil ratified them in 1990, 1993 and 2005. Brazil has a core of authorities to rule and control the entrance of this kind of product, led by Ministry of Agriculture, always hearing the environmental and health federal authorities. MMA is the central body and the hub of the Brazilian National Environmental System (Sisnama). It is responsible, among other matters, for national environmental and water-resource policies; for putting forward strategies, mechanisms and economic and social instruments to improve the quality of the environment and natural resources; and for policies to integrate industrial production and the environment. Sisnama works by coordinating the bodies and entities that comprise it, and ensures that public opinion has access to information on environmental damage and environmental protection. The States, Federal District and Municipalities are responsible for drafting supplementary standards and norms, and can establish parameters for the emission of pollutants, given that the federal legislation is observed. III – Effects and Impacts of the Illegal Acts Concern with trade of chemicals principally include controls over the large volumes of substances in circulation; control over imports and exports of substances, products and wastes, to meet legal requirements; and the difficulties in obeying transport legislation. Illegal cargos are dangerous due to the risks involved, specially agrochemicals. Any leak or any unintentional dispersion can mean water resources and soils contaminated, ordinary people in danger, drivers poisoned, residual, acute and chronicle effets on non-target species; and the animals fell victim to the prohibited products. But the damage does not stay limited to human health aspects and environmental crime. Smugglers act to the detriment of the Fisco, not paying taxes due. They act against job generation; against legal and registered industries/activities with quality control and ISO certification. They enable high risk of production loss because products have low quality and low efficiency for agriculture. Safety equipments are not known or used. It’s difficult to assign the correct antidote. Smugglers hold the profits, the State effected hold the prejudices. IV – Gathering Information The foreign trade information analysis system, called ALICE-Web, made available by the Foreign Trade Secretariat (SECEX) of the Development, Industry and Foreign Trade Ministry (MDIC), was developed to modernize access and dissemination methods for Brazilian import and export statistical data. ALICE-Web is updated monthly, when the trade balance is released, and is based on data obtained from the Integrated Foreign Trade System (SISCOMEX), a system which manages Brazilian foreign trade. Access to ALICE-Web is free. Users need to fill out a registration form and receive a password electronically. Even with the SISCOMEX, which represents a powerful tool, the frauds happen because the exporters get past the forms passed on. V - Existing measure to address illegal international traffic in hazardous chemicals and waste Brazil participates in the initiative o illegal traffic by IFCS, Basel, Stockholm and Rotterdam Conventions and the Montreal Protocol, but it does not receive any financial support from international fund because there is no line in connection within GEF for this kind of action. Brazil has a very powerful legal frame to tackle the illegal international traffic in hazardous chemicals and waste, specially the Agrochemicals Act (Law No. 7802/1989), SISCOMEX Act (Decree No. 660/1992), Fisco Act (Law No. 9430/1996), Environmental Crime Act (Law No. 9605/1998) and the country is Party of treaties as Basel, Stockholm and Rotterdam Conventions, Montreal Protocol, MARPOL and London Dumping Convention, enough to control the problem. The Multilateral Environmental Agreements are reference for many actions, enforcement missions and new regulations, including resolutions from the Environmental National Council – CONAMA and the legal frame for the transportation of dangerous goods, but certainly awareness raising campaigns and capacity building generalized would be important to stregthen and amplify the activities of hazardous chemicals and waste control in action. Actions in the frontier regions are systematicaly in place during the year and missions of inspection occur with Police (Federal and Local Level) and technicians from health, environmental and agricultural authorities working together. Within the Mercosur region activities in close connection with the neighbouring authorities also take place. Actions against privacy as well as illegal imports are implemented in close liaisons. The own IBAMA beyond its duties regarding the analysis of the potential for environmental dangerous, it has a unity to deal with illegal traffic on agrochemicals. In spite of the efforts and actions carried out together, there are discrepancies at regional level due to different conceptions and technical and legal requirements, i.e., the approaches are too assymetricals. Criteria and standards on toxicity, ecotoxicity, physical and chemical characteristics are not the same ones. But it is necessary to emphasise the problem of illegal traffic exists in all regions of the world. VI - Other means than legislation to minimize illegal traffic in hazardous chemicals and waste For instance, IBAMA has Executive Agencies and there are Agricultural Regional Offices and Environmental Secretariats at State and Municipal levels which organize awareness raising campaigns on the possible negative effects of using illegally imported chemicals, their environmental risks. The same is executed by the SINDAG. Outdoors, folders and booklets are used in campaigns as well as a “0800” number for reports. Agricultural Regional Offices and the Technical Assistance and Rural Extension State Institutes - EMATERs are extension officers in agriculture, offering technical assistance and rural extension, with the aims, inter alia: to develope and implement formation, capacity building and training of the rural worker; vegetal and animal sanitary defense; to contribute for the sustaintability of the economical, social and environmental agricultural productive systems. That kind of entity helps out in inspections, advising in how to storage pesticides, use and disposal of the the products and their used bottles, safe applications methods and personal protection, care with health and environment, plague control. Then, they are useful mechanisms to supportive actions against illegal traffic, contributing for the campaigns and inspections on ports, airports, roads and frontiers, and pest control as well, beyond the SISCOMEX. But the network needs to be enhanced, using the media as a partner. VII – Capacity Building Needs Training and capacity building are always at the top of the priorities in any Agenda to detect illegal import and export. The development of a training package would be a powerful and a replicable mean to disseminate know how and knowledge on technics for combating the activity at different scales, encompassing professionals from customs, health, environmental and agricultural authorities. The dissemination and use of customs risk profiles and material safety sheets as official means of identifying probable cases of illegal traffic would be very important. International and national seminars would also be special occasions to discuss the problems related to the illegal traffic and how to optimize the efforts to combat it, serving as fora for improving coordination at the national level and strengthen policy integration tranverse sectors, including the development of partnerships with the private sector, NGOs and other relevant stakeholders. The multiple efforts would serve as core business for future networks, information exchange. A concrete Clearing House mechanism should be established, not only to support the data base and system on toxicity and similar criteria, but to enable the access information on the main illicit acts, records, who trafficks, news on seizures, products and their hazards, sources, volumes, qualified sellers and so on. VIII – What needs to be done at the international level? Trafficking of hazardous substances and waste and products containing hazardous wastes is a concern of the agencies controlling imports and monitoring the environment. Legislation must be enforced, and border control and information support systems must be improved. In the specific case of residues, the ratification and implementation of the amendment to the Basel Convention which addresses prohibiting the export of toxic waste from developed countries to developing countries must be sped up. IFCS recommend that progress should be made in the following areas: National legislation and enforcement programmes; Capacity to detect illegal import and export; Resources and operational mechanisms for technical assistance for developing countries with economies in transition; The extent of illegal traffic at international, regional, sub regional, and national levels, and the assessment of its impact at these levels; The extent of coordination and cooperation among all stakeholders; How international conventions related to the sound management of chemicals and national laws may be more effectively applied to the transboundary movements of chemicals. Main Source: Brazilian Chemicals Management Profile – 2003, National Commission on Chemical Safety – CONASQ.
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