Kyrgyzstan, Resolution No. 43 of 09 February 2015

Kyrgyzstan, Resolution No. 43 of 09 February 2015

 

Kyrgyzstan is one of the few countries in the world to make the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) legally binding. The GHS is an internationally agreed-upon system managed by the UN for classification of chemicals by types of hazard. The provisions are reflected in the work and budgets of all relevant government agencies and ministries. Employees of 219 public institutions, businesses, and NGOs have been instructed about the use of GHS in their sectors. Companies trained more than 6,500 employees to ensure safety at the workplace. All 14 pesticide suppliers and 42 fertilizer suppliers apply GHS hazard classification and labelling. Moreover, consumers are increasingly paying attention to product labelling. Kyrgyzstan’s visionary Resolution can inspire many other countries to implement the GHS. Due to its impressive socioeconomic and environmental impact, its holistic approach and its full respect for the Future Justice Principles, the Resolution No. 43 of 2015 on the Approval of the Chemical Hazard Classification System and Hazard Information Requirements – Labelling and Safety Data Sheet was recognized with the Future Policy Gold Award 2021 for Protecting from Hazardous Chemicals awarded by the World Future Council, in partnership with the SAICM, UNEP, UNITAR, OECD, ILO and UNDP.

At a Glance
    • Kyrgyzstan’s Resolution is pioneering the national implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
    • It can serve as an example of implementation of the 2021 Eurasian Economic Union (EAEU) technical regulation regarding the safety of chemical products.
    • The Kyrgyz Resolution is a cross-cutting government programme covering multiple spheres of government and active in environmental protection, safety of chemical products, public health and organic production.

Last update: 2022

Policy Reference
Complementary Laws and Policies
Selection as a Future-Just Policy
This Resolution marked a genuine global breakthrough as it was one of the first to make the provisions of the GHS legally binding. The GHS is an internationally agreed-upon standardized system managed by the UN, which is used by countries as a tool to support the implementation of international chemical agreements (e.g. the Rotterdam, Basel and Stockholm Conventions, ILO Convention 170, and SAICM). The Resolution is also one of the very few examples where a legal act was initiated by a NGO and developed jointly with the government and stakeholders in a transparent and inclusive manner. Through its enforcement, the Resolution helped Kyrgyzstan to eliminate contradictions in customs regimes with other countries by establishing uniform national requirements for hazard classification and labelling, thereby facilitating international trade. In addition, it contributed to strengthening communication on the classification and labelling of chemicals among relevant governmental institutions. It also initiated the work of raising public awareness about chemical hazards and labelling of chemicals in products. To date, the Resolution has led to the training of close to 7,000 workers and resulted in increased consumer awareness, thanks to which 7 out of 10 consumers now pay attention to product labelling. The Resolution represents an important legal mechanism that helped Kyrgyzstan to become a leader in GHS implementation among the five Central Asian states. Noting that Kyrgyzstan is a member of the Eurasian Economic Union (EAEU), the Resolution ensures the national implementation of the 2021 EAEU technical regulation regarding the safety of chemical products. The development of the Resolution was influenced by Resolution No. 376, which led to the development and adoption of a list of banned and restricted chemicals and pesticides in 2011 and 2019. Both of these Resolutions demonstrate the comprehensive and serious approach taken by Kyrgyzstan towards the sound management of chemicals and waste, including occupational health and safety. This exemplary approach paves the way for other developing countries and those in transition towards the implementation of legislation addressing environmental and health safety issues.
Future-Just Policy Scorecard
Our “Best Policies” are those that meet the Future Just Lawmaking Principles and recognise the interconnected challenges we face today. The goal of principled policy work is to ensure that important universal standards of sustainability and equity, human rights and freedoms, and respect for the environment are taken into account. It also helps to increase policy coherence between different sectors.  

Sustainable use of natural resources

  • Addresses many SDGs, including SDG 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all.
  • Proven to work since its adoption, with all relevant governmental institutions and improved interministerial coordination and collaboration.
  • Inspired the establishment of a new regulation focused on organic farming

   Equity and poverty eradication

  • Equally included NGOs, businesses, local authorities, and governmental institutions in the development and implementation of the policy.
  • Helps to ensure occupational health and safety and the implementation of human rights to information about chemicals in products; this is especially important for the safety of workers, women and children as it helps to minimize and avoid the associated health risks from hazardous chemicals at the workplace and at home.
  • Empowers consumers to support sustainable consumption.

   Precautionary approach

  • Supports a holistic and comprehensive view on public health issues, occupational health and safety, and the
  • Based on scientific evidence and global knowledge of chemical hazards.
  • Follows internationally approved public health and safety requirements.
  • Achieved behavioural changes among workers and consumers due to the successful conveying of chemical hazards information.
  • Provides mechanisms for data collection and data sharing on chemicals in products via mandatory Safety Data Sheets and product labelling protocols.

   Public participation, access to information and justice

  • Good example of equal multistakeholder participation in an environmental and health decision-making process.
  • Training and information are provided for governmental employees, NGOs and businesses to equally engage them in policy implementation.

    Good governance and human security

  • Multistakeholder Coordination Group allows for interministerial and inter-sectorial implementation; NGOs are part of this group.
  • Requirements and provisions are clear and understandable for all stakeholders

   Integration and interrelationship

  • Includes mainstreaming, interministerial, and cross-sectoral cooperation.
  • Facilitates the implementation of international chemical agreements.

   Common but differentiated responsibilities

  • Acknowledges existing gaps in providing information on chemical hazards and seeks to ensure compliance with the international approach.
  • Inclusive: special consideration given to support access to safety information for workers and consumers.
  • Knowledge of new harmonized standards on chemicals management, including methods of chemical product testing, is useful for policymakers and customs officers.
  • Adds to the foundation of sound chemicals management, which will assist Kyrgyzstan in the successful implementation of SAICM and other international and regional chemical agreements.
Context
The development of the Resolution was part of the overall governmental policy on chemicals management aimed at reducing the exposure of chemicals for the benefit of human health and the environment of Kyrgyzstan. It was initiated within the UNEP-funded project “Supporting SAICM and GHS Implementation in Kyrgyzstan”. The Resolution was pioneered by Independent Ecological Expertise (IEE), an NGO working on the development of environmental legislation. Further drafting was conducted jointly by governmental agencies, representatives of chemical product manufacturers, retailers, and civil society organizations. The adoption of the Resolution was followed by the adoption of the national programme to meet GHS requirements and the subsequent action plan (by Resolution 235 of 22 April 2015). Following its adoption, all key ministries and departments started harmonizing their work on chemicals with the provisions of the Resolution. The requirements for a unified classification system of hazards for chemicals and for hazard information elements (e.g. labelling protocols and Safety Data Sheets) were included in the checklists of state regulatory agencies to further strengthen the control and supervision of the production, import and sale of chemicals and products. As part of the implementation, Hygienic and Environmental Regulations for the safe handling of chemical products were introduced in 2016.
Objectives
The Resolution establishes a regulation on the hazard classification system for chemicals and requirements for hazard communication. The goals of the Resolution are to strengthen the effective management of chemicals,  to better protect the health of the population and environment,  to prevent illegal trade, and to ensure free and safe trade in chemicals and chemical products and facilitate international trade in chemicals in accordance with international rules and regulations.
Methods of Implementation
Implementation of the Resolution provisions is regularly considered at the meetings of the Multistakeholder Coordination Group, aimed at strengthening the interdepartmental and cross-sectoral coordination on chemical safety standards. This group was set up in 2012 as a coordination mechanism to ensure multistakeholder collaboration between relevant ministries, departments, other governmental agencies, and NGOs working on chemicals and waste, for effective monitoring of policy implementation. The provisions are reflected in the work of all relevant government agencies and ministries, with budgets allocated within each government entity. Responsibilities are identified in the National Programme on GHS implementation and in the corresponding Action Plan. Transparent, accessible, and understandable information, as well as awareness-raising materials targeting all stakeholders, are developed and shared via brochures, product labels and Safety Data Sheets. Individual consumers, NGOs, and community groups consistently receive information via responsible product labelling. Training sessions were organized by the IEE for employees of more than 219 governmental institutions, businesses and NGOs to inform them about the use of the GHS in their sectors. Workers at more than 50 industrial facilities have been provided with technical training materials. This included information for safe handling of chemicals at the workplace through a unified and easy-to-understand approach for chemical hazard communication. The capacity of three accredited analytical laboratories has improved, which helps better control hazardous chemicals in products.
Impact
The Resolution initiated an inventory and repackaging of obsolete pesticide stockpiles in Kyrgyzstan. In November 2015, more than 13 tons of old stocks of dichlorodiphenyltrichloroethane (DDT) were repacked at the At-Bashy anti-plague station; these activities were implemented as a joint effort within two important projects. Over 6,500 employees of the largest industrial companies, namely Kara-Balta Mining Plant and Kumtor Gold, have responsibly implemented the GHS standards to ensure safety at the workplace. With regards to consumer awareness, a survey conducted from 2018 to 2019 among retailers at public marketplaces in Bishkek city showed that consumers are increasingly paying attention to product labelling (7 out of 10 buyers on average) and Safety Data Sheets (4 out of 10 buyers on average). The development of the Resolution was influenced by Resolution No. 376, which led to the development and adoption of a list of banned and strongly restricted chemicals and pesticides in Kyrgyzstan in 2011 and 2019. Currently, the list contains 57 pesticides and industrial chemicals. As of December 2019, all imported fertilizers (nearly 160,000 tons) have been checked in accordance with the compliance of the GHS requirements. The Plant Protection Department now requires 14 pesticide suppliers and 42 fertilizer suppliers to apply GHS hazard classification and labelling of all imported products. The Resolution has also influenced the transition to organic agriculture. Following its adoption in 2015, the Bio-KG Federation of Organic Development, jointly with the Ministry of Agriculture, held a national seminar and started drafting a concept for the development of organic agricultural production for 2017-2022, based on the integrated model of sustainable development of rural and mountainous communities. This concept was approved in 2017 by Resolution No. 459, with the adoption of the measures to develop organic agriculture approved in 2019 by Resolution No. 3108-VI. Today, more than 20 villages implement organic technologies with technical, legal and financial support from the Ministry of Agriculture, Food Industry and Reclamation.
Potential as a Transferable Model
The substantive approach to GHS implementation at the national level can be replicated in other countries, especially in Central Asian countries and in countries of the EAEU.  Kyrgyzstan’s experience of GHS implementation has been presented in Tajikistan and Kazakhstan as a good practice example of incorporating the GHS requirements into the national legislation on chemicals.
Additional Resources
  1. Government of Kyrgyzstan (2011). List of banned restricted chemicals and pesticides of 2011. http://cbd.minjust.gov.kg/act/view/ru-ru/92661?cl=ru-ru. Government of Kyrgyzstan (2019). List of banned restricted chemicals and pesticides of 2019. http://cbd.minjust.gov.kg/act/view/ru-ru/14329?cl=ru-ru.
  2. Government of Kyrgyzstan (2015). On the approval of the Programme of the Government of the Kyrgyz Republic on Implementation of the International System of Hazard Classification and Labeling of Chemicals in the Kyrgyz Republic and the Action Plan for its implementation for 2015-2017: Resolution No. 235. http://cbd.minjust.gov.kg/act/view/ru-ru/97491.
  3. Government of Kyrgyzstan (2017). Mechanisms for the exchange of information between state bodies authorized in the management of chemicals in Kyrgyzstan. http://mineconom.gov.kg/froala/uploads/file/0e89deb9e42de5da8af4f5b3bb9c38b1401f1dd3.pdf.
  4. Government of Kyrgyzstan (2018). Analysis of the Legislation of the Kyrgyz Republic in the field of Chemicals and Waste Management. http://ghs.eco-expertise.org/wp-content/uploads/2019/11/Analiz-natsionalnogo-zakonodatelstva.pdf
  5. Government of Kyrgyzstan (2018). Situation Analysis: to identify needs and opportunities for the implementation of the process of synergy of international agreements in the field of chemical safety in the Kyrgyz Republic. http://mineconom.gov.kg/froala/uploads/file/2a0ee1791174c5625ad4dde9e2a20737c7a20d75.pdf.
  6. Government of Kyrgyzstan. Ensuring Chemical Safety Project: “Capacity Building for the National Implementation of International Agreements Related to Chemicals and Waste”. http://mineconom.gov.kg/ru/direct/13/76/182.
  7. Independent Ecological Expertise, Chemical Safety (2015). http://ghs.eco-expertise.org/wp-content/uploads/2013/10/Prezentatsiya-po-polozheniyu-SGS-na-03.03.15.pdf.
  8. South-South World (2015). Organic Aimak in Kyrgyzstan. http://www.southsouthworld.org/blog/46-solution/1739/organic-aimak-in-kyrgyzstan.
  9. Technical Regulations of the Eurasian Economic Union “On the safety of chemical products” (TR EAEU 041/2017). http://docs.cntd.ru/document/456065181.
  10. The European Commission/Food and Agriculture Organization of the UN partnership project ‘Improving capacities to eliminate and prevent recurrence of obsolete pesticides as a model for tackling unused hazardous chemicals in the former Soviet Union’. Sandra (2016). Repackaging of DDT in Kyrgyzstan. In: Obsoletepesticides.net. https://obsoletepesticides.net/site/home/articles/.
  11. The Global Environment Facility-funded UNEP project ‘Demonstrating and Scaling Up Sustainable Alternatives to DDT for the Control of Vector Borne Diseases in Southern Caucasus (Georgia, Kyrgyzstan, Tajikistan)’ (DDT-project)
  12. United States Department of Labor, Occupational Safety and Health Administration. A Guide to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). https://www.osha.gov/dsg/hazcom/ghsguideoct05.pdf.
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