A/HRC/30/40
required to plan for emergencies involving hazardous substances, and communities have a
“right to know”39 about hazardous substances in their vicinity. The European Union’s
Seveso Directive was updated in 2012 to improve access to information. The new Seveso
(III) Directive recognizes the duty of European Union member States to “make information
available on where to find information on the rights of persons affected by a major
accident”, 40 in addition to the duty to actively disseminate and update this information.
56.
To generate information on regular releases or disposal of hazardous substances
from stationary industrial sources into air, water and land, several countries have
established toxics release inventories or pollutant release and transfer registers. Today,
many of these systems are established according to the Kiev Protocol on Pollutant Release
and Transfer Registers. Pollutant release and transfer registers are effective for furthering
environmental democracy, through encouraging the active participation of all interested
stakeholders in processes that contribute to better decision-making, planning and
implementation of policies and programmes at all levels. All these systems include the
generation of updated information on the release of hundreds of hazardous substances and
the availability of information through map-based or other database search functions.
57.
States have recognized the importance of measuring the amounts of hazardous
substances in people, also referred to as “biomonitoring”. Biomonitoring studies can
provide important information to prevent harm, data points for cause and effect, and
evidence of the efficacy of measures being taken to reduce exposure to hazardous
substances. Some studies have shown that over 500 different hazardous substances are
found in adults and over 200 in children. 41 Although less biomonitoring information is
available from developing countries, “it is reasonable to conclude that to the extent that
people are exposed to the same chemicals, the results will be similar”.42 While certain
countries and international organizations have taken initiatives, biomonitoring is
underutilized around the world.
58.
States are also investigating epidemiological information on adverse effects linked
to hazardous substances and wastes. Numerous States have cancer registries, which “play
an important role in research into the cause of cancer”.43
59.
However, despite this progress there remain serious information gaps and obstacles
to generating, collecting, assessing and updating information gaps.
60.
In one country, the paradoxical situation exists where a State must have information
that an “unreasonable” risk of harm exists before it can compel businesses to generate
substantial amounts of missing information to assess whether such a risk exists.44 It is
important to have a minimum amount of information for all substances to ensure the safe
use of hazardous substances and to avoid situations where one hazardous substance is
substituted with a different hazardous substance of equal or even greater concern. And
where laws exist, challenges have emerged with the enforcement of these laws. For
39
40
41
42
43
For example, the United States Emergency Planning and Community Right-to-Know Act (1986).
Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of
major-accident hazards involving dangerous substances (Seveso III), preamble, para. 19.
See Environmental Working Group, “Toxic chemicals found in minority cord blood” (2 December
2009), available from www.ewg.org/news/news-releases/2009/12/02/toxic-chemicals-found-minoritycord-blood. UNEP states that these studies are indicative of a global problem.
UNEP, Global Chemicals Outlook (see footnote 5 above), p. 21.
Members of International Association of Cancer Registries, available from
www.iacr.com.fr/index.php?option=com_comprofiler&task=userslist&Itemid=476.http://www.iacr.
com.fr/index.php?option=com_comprofiler&task=userslist&Itemid=476
44
14
United States, Toxic Substances Control Act, sect. 4 (a) (1) (A) (i).
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