ACME Applying CLEANER PRODUCTION to MULTILATERAL ENVIRONMENTAL AGREEMENTS Multilateral Environmental Agreements (MEAs) SESSION 3 United Nations Environment Program Division of Technology Industry and Economy Swedish International Development Agency OUTLINE Objectives of this session 1/ Background information > Why do we need Multilateral Environmental Agreements? 2/ Main clusters > What topics do MEA deal with? > How industries are concerned? 3/ Organisation of MEA > How are they developed and organised? 4/ Implementation > How could we strengthen MEA? ACME - Session 3 - Multilateral Environmental Agreements - 2 / 17 BACKGROUND What are MEAs ? Many global environmental issues don’t stop at the border: > they are caused by sources thousands of kilometers away; > they can have a regional or even a global impact. MEAs are international legal instruments that: > have a goal of environmental protection (sustainable development); > take measures to remedy, mitigate or otherwise deal with global and/or regional environmental concerns; > are concluded between a large number of states or international organizations as Parties; > can be embodied in a single instrument or more related instruments; > are governed by international law; > are concluded in written form. ACME - Session 3 - Multilateral Environmental Agreements - 3 / 17 BACKGROUND Milestones in the evolution of MEAs 1972 - Stockholm Conference on the Human Development > First attempt to address relationship between environment and development at global level; > Adopted first global action plan for the environment; > Established UNEP. 1992 - Rio Conference on Environment and Development > National and international policies redirected towards integration of environmental, economic and social objectives; > 2 main outputs: Rio Declaration and Agenda 21; > Accelerated the development of modern MEAs: more than 60% of present MEAs established after 1992. ACME - Session 3 - Multilateral Environmental Agreements - 4 / 17 BACKGROUND Number of parties to MEAs Stockholm Conference (1972) Rio Conference (1992) ACME - Session 3 - Multilateral Environmental Agreements - 5 / 17 MAIN CLUSTERS Scope of MEAs: 5 topics BIODIVERSITY LAND SEAS CHEMICALS & HAZARDOUS WASTE ACME - Session 3 - Multilateral Environmental Agreements - 6 / 17 ATMOSPHERE MAIN CLUSTERS Biodiversity / Land / Seas MEAs related to protection and conservation of BIODIVERSITY. > Convention on Biological Diversity (CBD); > Others include CITES, CMS, Ramsar Convention on Wetlands etc. MEAs focussing on protecting LAND from “negative altering”. > UN Convention to Combat Desertification (UNCCD); > 3 Rio Conventions linked to climate change and biodiversity. MEAs relevant to the regional seas & MARINE ENVIRONMENT. > 17 Regional Seas Conventions; > Global Program of Action for the protection of the marine environment from land-based activities (GPA). ACME - Session 3 - Multilateral Environmental Agreements - 7 / 17 MAIN CLUSTERS Atmosphere / Wastes & chemicals MEAs aimed at protection of the ATMOSPHERE from pollutants. > Montreal Protocol on substances that deplete the ozone layer; > UNFCCC (UN Framework Convention on Climate Change) and the linked Kyoto Protocol. MEAs dealing with hazardous WASTES & CHEMICAL pollution. > Basel Convention on the control of transboundary movement of hazardous wastes and their disposal; > Rotterdam Convention on the prior informed consent for certain hazardous chemicals and pesticides in international trade; > Stockholm Convention on Persistent Organic Pollutants (POPs). 3 MEAs with direct relevance to industrial activities. ACME - Session 3 - Multilateral Environmental Agreements - 8 / 17 ORGANISATION From negotiation to ratification How are MEA’s developed ? > A negotiation process between countries involved; > Often initiated and facilitated/moderated by UNEP; > Resulting in a mutual agreed and signed protocol during a highlevel tailored conference. How do MEAs come into force ? > Initial agreement (international legal instrument) are signed between the signatories (states); > MEAs include provision on number of ratification from signatories needed to come into force; > Once a country (or “Party”) ratifies, accepts, approves or accedes an MEA, it is subject to the provisions under the MEA. ACME - Session 3 - Multilateral Environmental Agreements - 9 / 17 ORGANISATION Key concepts Non-binding instruments “ Set out important issues and priorities, foster discussion and attention, and stimulate new thinking and development of legally binding instruments. ” Legally binding instruments “ Sets commitments in form of legally binding targets and time-tables. ” ACME - Session 3 - Multilateral Environmental Agreements - 10 / 17 ORGANISATION How do MEAs work ? IMPLEMENTATION > Converting international commitments into national measures. COMPLIANCE > Countries adhere to the agreement provisions and undertake implementation measures (e.g. national reporting). ENFORCEMENT > Formal (national or international) procedures and actions by which compliance is compelled or noncompliance deterred. EFFECTIVENESS > Whether a MEA resolves a problem that caused its creation. ACME - Session 3 - Multilateral Environmental Agreements - 11 / 17 ORGANISATION Institutional elements COP – Conference of Parties > Decision-making body on implementation and development of MEAs. Secretariat > Support to COP (provided by an international organization). Executive and subsidiary bodies > Generally advisory in nature, report to COP on scientific, technical, or financial matters. Clearinghouses > Facilitate exchange of information (websites, databases, etc.). Implementation actors on national level > Represented by the national authorities and/or institutions, training and information centers. ACME - Session 3 - Multilateral Environmental Agreements - 12 / 17 ORGANISATION Financial mechanisms Regime budgets > Mandatory or voluntary trust funds administered by the Secretariats; > Proposed by Parties and approved by the COP. Development assistance > Funds provided via foundations (e.g. UN Foundation), bilateral arrangements, private sector donors and NGOs. > World Bank. Global Environment Facility (GEF) > A co-financing mechanism to address global environmental issues; > GEF focal areas : biodiversity, climate change, international waters, ozone depletion, POPs, land degradation. ACME - Session 3 - Multilateral Environmental Agreements - 13 / 17 IMPLEMENTATION Strengths & weaknesses of MEA’s STRENGTHS > Joint strategy to deal with global issues; > Clearly defines who should do what; > Conflict settlement instruments; > Provides increased attention to preventive - precautionary approach. WEAKNESSES > Lack of synergy among MEAs; > Inadequate funding for many MEAs; > Lack of performance indicators; > Inadequate coordination among MEA’s at national level; > No international enforcement mechanisms in most MEAs. ACME - Session 3 - Multilateral Environmental Agreements - 14 / 17 IMPLEMENTATION How to strengthen MEAs ? How to overcome the perceived weaknesses ? > More integrated application for specific targets groups (e.g. industry); > Utilization of other concepts/methodologies (e.g. Cleaner Production). How can Cleaner Production contribute to MEAs ? > Wider use of prevention as the strategy of environmental protection; > Issue linkage and providing positive incentives for compliance and implementation of MEAs; > Strengthening synergies among MEAs; > Adding flexibility to the agreements. ACME - Session 3 - Multilateral Environmental Agreements - 15 / 17 IMPLEMENTATION What can Cleaner Production do ? What are the advantages of cross-cutting capacity building activities of Cleaner Production initiatives and MEAs ? > Policy advice; > Technical and financial assistance; > Assessment and management of pollution; > Education and awareness; > Information exchange; > Strengthened participation of all stakeholders in the decision-making; > International partnership. ACME - Session 3 - Multilateral Environmental Agreements - 16 / 17 CONCLUSION End of session 3 Thank you for your attention… Any questions? ACME - Session 3 - Multilateral Environmental Agreements - 17 / 17