El medio ambiente en la minería

29 GARYNASH non-signatories to the Convention is to cease unless a bilateral or multilateral agreement, with provisions consistent with the objectives of the Basel Con– vention, is in place with such countries. As a resuIt, we now see regional agreements being established, such as the one on trade in recyclables for the OECD couniries, to minimize the negative effects of the Basel Convention which entered into force this year. Other regional agreements appear to be in the offing. At ihis time, the ICME is encouraging govemments to consider a protocol to the Basel Convention to allow for separate and different treatment of recycl– ables. The objective is to minimize unnecessary distortions to the intemational trade in recyclables and the need for multí-Iateral or bilateral agreements. Many of the problems could have been avoided had there been some anaIysis carried out by the intemationaI community on a dear defmition of the nature and scope of problems to be resolved and the costs and benefits of aItemative solutÍons. This is an activity that few intemational agencies carry out prior to negotiations on intemational agreements. 1would now like to tum to some of the fundamental issues being discussed at the UNCED Meeting in Río, and whose resolution could ¡necease the potential for unnecessary barriers to trade and competition. To begin, the regulation of activities and products should be based on risk analysis based on good science. Mter an anaIysis, the regulatory approach chosen by governments to eliminate unreasonable fisk to health and the environment should be the least cost and least trade distorting solution. Only . if the unreasonable risk can not be managed by other means should banning or substitution be considered, Le. substitution aml/or banning are last resort measures. However, banning and substitution of hazardous substances has been a prominent eIernent in UNCED proposals such as on toxic chemicals and haz– ardouswastes. It was only somewhat revised after strenuous efforts, particular– ly at the Fourth UNCED PreparatoryMeeting in NewYork inMarch. However, it is still a popular concept among environmental groups and regulators. The quality of being hazardous, Le. its intrÍnsic properties, does not mean necessarily that a substance poses unreasonable risks to health and the en– vironment in aH its useS. Banning or substitution as an inítial regulatory approach not only neglects the socio·economíc benefits but is naive. The real question is whether a hazardous substance in particular use, such as lead in batteries, poses an unressonable risk to the environment and, if so, whether that ri.~k can be managed in a cost effective way lo minimize or eliminate adverse effects on the environment or