VZCZCXRO0745
RR RUEHRG
DE RUEHBR #2269/01 3471038
ZNR UUUUU ZZH
R 131038Z DEC 07
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 0637
RUEAEPA/HQ EPA WASHDC
INFO RUEHRI/AMCONSUL RIO DE JANEIRO 5556
RUEHSO/AMCONSUL SAO PAULO 1309
RUEHRG/AMCONSUL RECIFE 7482

UNCLAS SECTION 01 OF 03 BRASILIA 002269 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR OES/STC, OES/ENV, WHA/EPSC, WHA/BSC, AND L/OES 
EPA FOR OFFICE OF INT'L ACTIVITIES - C.HILL-MACON 
 
E.O. 12958: N/A 
TAGS: SENV TNGD KSCA BR
SUBJECT: BRAZIL:  INTERESTED IN COOPERATION WITH EPA ON MERCURY, BUT 
NOT THE ITAITUBA PROJECT 
 
¶1.  (U) THIS CABLE IS SENSITIVE BUT UNCLASSIFIED AND IS NOT FOR 
INTERNET DISTRIBUTION. 
 
¶2.  (SBU) SUMMARY.  Over the last six months, the Brazilian Ministry 
of Environment (MMA) has repeatedly expressed interest in 
cooperating with the U.S. Environmental Protection Agency (EPA) in 
the field of mercury.  They would like an instrument formalizing 
this cooperation, which would be based on the guidance provided in 
June by Brazil's National Council on the Environment (CONAMA).  At 
the same time, MMA officials have adamantly insisted that they are 
not interested in entering into a formal cooperative arrangement 
concerning the ongoing small-scale gold mining project in Itaituba. 
END SUMMARY 
 
¶3.  (SBU) Throughout the second-half of the year, MMA officials in 
meetings with the Embassy's Environment, Science, Technology and 
Health (ESTH) Counselor and ESTH Officer have underscored a two-part 
message regarding cooperation with EPA on mercury.  At various 
meetings in December, November, September and July, ESTH Counselor 
and ESTH Officer met with Julio Baena, Senior Advisor for bilateral 
affairs in the Office of International Affairs, Sergia de Souza 
Oliveira, Project Manager for mercury and chemicals in the 
Secretariat for Climate Changes and Environmental Quality, and 
 
SIPDIS 
Mariana Egler, MMA Mercury Specialist to discuss possible 
cooperation on mercury with the EPA. 
 
POSSIBLE COOPERATION AND INSTRUMENT 
 
¶4.  (SBU) In each one of the meetings, MMA officials showed great 
interest in a cooperative relationship on mercury with the EPA. 
They are interested in formalizing the cooperation through a written 
instrument.  They indicated that the draft Letter of Cooperation 
provided by EPA earlier in the year could be helpful in developing 
such an instrument.  However, the Ministry insists on an instrument 
that has a scope and focus based on the guidance issued by CONAMA. 
 
 
¶5.  (SBU) The MMA officials stated that CONAMA in June published its 
guidance, called a "mocao," on dealing with mercury.  An informal 
translation of this guidance is provided in paragraph 9 below.  This 
guidance recognizes the problems associated with mercury and also 
that it represents a global challenge.  The guidance calls for the 
development of a national policy on mercury, which MMA is currently 
working on and hopes to get out early in 2008.  The MMA would like a 
cooperative relationship, and a written instrument that corresponds 
to this guidance, which is expected to be reflected in the national 
policy.  Within this ambit, the MMA officials appeared flexible 
about the format and type of instrument, whether a memorandum of 
understanding or a letter of cooperation or something else. 
 
ITAITUBA PROJECT 
 
¶6.  (SBU) The guidance speaks of promoting "mercury-free 
alternatives for the small scale gold mining sector" rather than 
low-mercury alternatives.  MMA mercury specialist Egler told ESTH 
Counselor at a meeting on December 11 that "mercury-free" mining 
methods were being tested in Colombia, but they were not being used 
in Brazil.  Post understands that the ongoing EPA project on mercury 
in gold shops in the city of Itaituba, in the northern state of 
Para, focuses on reducing the use of mercury, not on piloting 
mercury-free alternatives.  Addressing mercury use in gold-mining is 
critical for MMA because, according to a 2004 study, 67.3 percent of 
the emissions of mercury (or 77.9 tons) came from the gold mining 
industry. 
 
¶7.  (SBU) The second part of the message from MMA is that they are 
not interested in joining in the EPA project in Itaituba.  The 
Ministry does not oppose EPA concluding the project and is aware 
that it is in its final stage.  They might be interested in a new or 
broader project that addresses small-scale gold mining.  For 
whatever reason, MMA officials have repeatedly made clear to Post 
that at this stage they are not interested in participating in the 
Itaituba project.  They say that the project is already in its final 
stage and MMA never played an active role in the implementation of 
project itself.  However, in case EPA plans on having other phases 
of the Itaituba project, the Ministry would need a detailed work 
plan in advance. 
 
NEXT STEPS 
 
¶8.  (SBU) Post would welcome Washington's advice on how and whether 
to respond to the Ministry's expression of interest in cooperation 
on mercury. 
 
 
BRASILIA 00002269  002 OF 003 
 
 
¶9.  (U) The guidance issued by CONAMA, called a "Mocao," number 085 
of June 27, 2007 calls for the Ministry of Environment to create and 
implement a national policy concerning mercury.  An informal 
translation is provided below: 
 
---------------- 
BEGIN TEXT 
----------------- 
 
      The National Council for the Environment (CONAMA), in the use 
of its attributions and competencies that are permitted under Law 
Number 6.938 of August 31, 1981, regulated by Decree Number 99.274 
of June 6, 1990 and considering the Council's internal regulations 
and what is written in the Process Number 02000.004763/2006-59, and 
 
      Considering that metal mercury and its organic compounds are 
harmful to the environment and public health, such as methyl mercury 
which is a very strong neurotoxin capable of damaging organs such as 
brain, kidneys and liver and causes development disorder and 
problems in the reproductive system, cognitive disturbances, 
speaking and vision problems, causes hearing and walking 
difficulties, mental disturbances and death; 
 
      Considering that mercury concentrates in the tissue of fishes 
becoming stronger and stronger as predator fishes and mammals eat 
smaller fishes, reaching toxic levels one million times higher than 
in nearby waters; 
 
      Considering that the equivalent value of less than 
one-fiftieth of a small spoonful of mercury (a drop) deposited in a 
lake 20 acres in area, is enough to contaminate the fish in the lake 
to the point that they will be inadequate for consumption. 
 
      Considering that mercury pollution violates basic human rights 
- life, food, pure water, working environments, environmental health 
and the rights of indigenous people to preserve their traditional 
means of life and food; and that these basic rights are threatened 
by compounds from tooth amalgam that contains mercury, vaccines, 
seafood and the mercury transference between Brazilian states and 
also between rich developed nations and less developed and poorer 
nations. 
 
      Considering that the level of mercury in the global 
environment for the last century has tripled and that the current 
mercury concentration in the environment is about to exceed the 
limit that can put the population of all continents in danger, 
important food sources are already contaminated and children are 
being severely exposed due to vaccination in mass programs that 
contain thymerosal; 
 
      Considering that this alarming growth in mercury pollution, 
rarely made public by the media, has raised exponentially the risk 
of a dangerous and fatal explosion for all people, as well as for 
the wildlife and ecosystems and has threatened for a long time the 
safety of fishes as one of the most important sources of proteins in 
the world; 
 
      Considering that acknowledging the immediate global threat in 
September 2002 at the Global Evaluation for Mercury meeting, hosted 
by the United Nations Environmental Program (UNEP), 150 specialists 
concluded that "there is enough evidence that significant adverse 
impacts, in global scale, are taking place and that demands 
international action envisioning the reduction of the risk to human 
health and the environment, caused by mercury emissions into the 
environment"; 
 
      Considering the fact that in order to avoid this imminent 
global crisis on mercury, a concrete and committed international 
action should be developed in order to coordinate and harmonize the 
action in local, national and regional levels and that international 
volunteering and widely desired goals must be urgently established 
by all countries of the world, National Council for the Environment 
(CONAMA) solicits that: 
 
      The Ministry of the Environment together with the other 
related Ministries (Education, Health, Work, Cities, Integration, 
Exterior Relations, Industry and Commerce, Culture, Science and 
Technology, Mines and Energy and others) establish reduction goals 
through the elimination of all uses and anthropogenic (human 
activity) mercury pollution emissions, the development and 
implementation of national and regional national plans that envision 
to reduce the use and the elimination of all mercury emissions 
through all its means, at the maximum possible extent, in a specific 
time period; 
 
BRASILIA 00002269  003 OF 003 
 
 
 
      The Ministry of Environment develop and promote the creation 
of a national inventory in order to calculate and monitor mercury 
emissions, sources, uses, imports and exports; 
 
      The Ministry of Environment establish and widely publicize 
strict control measures for the commercialization (import and 
export) of mercury, mercury residues and technologies that utilize 
mercury; 
 
      The Ministry of Environment establish clear rules for the 
destination of existing mercury stocks, including mercury from 
electrolytic cells from the production of chlor-alkali, preferably 
returning them to the origin country for permanent storage; 
 
      The Ministry of Environment officially promote mercury-free 
alternatives for the small scale gold mining sector and establish an 
effective strategy for the management of mercury as a sub-product 
produced by the metal mining industry, including zinc and the 
mineral production of gold; 
 
      The Ministry of Environment initiateefforts for the country to 
implement a legislation that demands the conversion of the use of 
hazardous substances contained in electrical equipments and 
electronics, battery production, the conversion of the use of 
mercury process in chlor-alkali plants; conversion of most of the 
production of thermometers and other medical devices that utilize 
mercury and minimize the production of other non-electronic 
equipment containing mercury. 
 
      The Ministry of Environment, together with other Ministries, 
not allow products containing mercury or processes that use mercury 
that have already been restricted in developed countries to be sent 
to our country; 
 
      In order to accomplish all these goals, the Ministry shall 
elaborate and implement a National Policy for Mercury that involves 
the commitment of all federal, state and municipal level 
governments, civil society and the private sector; 
 
      The National Policy for Mercury of the Brazilian government 
shall include a requirement for the National Council for the 
Environment (CONAMA) to reestablish the Working Group for 
Fluorescent Lamps, so that the country can have, as soon as 
possible, a legal frame so that the environmental management of the 
production chain, consumption and adequate destination of these 
products that have mercury, as well as the research of mercury free 
technology; 
 
      In accordance with the internal regulations of CONAMA, a 
presentation, by the Ministry of Environment and the President of 
the Technical Chamber for Health, Sanitation and Waste Management 
from CONAMA, shall be part of the topics of discussion for the next 
CONAMA meeting. The presentation will be on the procedures that are 
being adopted in the short, medium and long run so that Brazil 
finally has a chemical safety policy for mercury. 
 
MARINA SILVA 
President of the Council 
 
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END TEXT 
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SOBEL