volume II | INTERNATIONAL COURT OF JUSTICE

Document Number

17550

Parent Document Number

17548

Document File

17550.pdf

INTERNATIONAL COURT OF JUSTICE
____________________________________________

CASE CONCERNING
AERIAL HERBICIDE SPRAYING

(ECUADOR v. COLOMBIA)

COUNTER-MEMORIAL OF THE

REPUBLIC OF COLOMBIA

VOLUME II

ANNEXES 1 - 111

29 MARCH 2010 LIST OF ANNEXES

VOLUME II

DIPLOMATIC DOCUMENTS AND CORRESPONDENCE

Annex 1 Note Nº E-067 from the Colombian Ambassador
in Quito to the Presidential Adviser for
Coexistence, National Security, and Fight against
Crime, 18 January 2001.

Annex 2 Note Nº E-934 from the Colombian Ambassador
in Quito to the Ecuadorian Defence Minister,
16 August 2001.

Annex 3 Note Nº E-931 from the Colombian Ambassador
in Quito to Valerio Greffa Uquiña, Ecuadorian
Congressman, 20 August 2001.

Annex 4 Note Nº E-962 from the Colombian Ambassador
in Quito to the President of the National Congress
of Ecuador, 23 August 2001.

Annex 5 Diplomatic Note Nº 72523/2001-SG/SSN from
the Ecuadorian Foreign Minister to the
Colombian Foreign Minister, 12 September 2001.

Annex 6 Note Nº E-1313 from the Colombian Ambassador
in Quito to the Ecuadorian Minister of
Agriculture, 15 November 2001.
Annex 7 Note Nº E. 455/90 from the Colombian

Ambassador in Quito to the Colombian Foreign
Minister, 26 March 2003, enclosing the non-
paper given to the Ambassador by Ecuadorian
authorities at the meeting held on the same date.

Annex 8 Note Verbale VRE Nº 32759 from the Colombian
Foreign Ministry to th e Ecuadorian Embassy in
Bogotá, 18 September 2003.

iAnnex 9 Note Verbale DBR/CAL unnumbered from the
Colombian Foreign Ministry to the Ecuadorian
Embassy in Bogotá, 13 November 2003.

Annex 10 Diplomatic Note Nº 4-2-336/03 from the
Ecuadorian Foreign Ministry to the Colombian
Foreign Ministry, 10 December 2003.

Annex 11 Note Nº CMFS-46-2004 from the President of the
Ecuadorian Scientific and Technical Commission
to the Acting Director of the Anti-Narcotics
Direction of the Colombian National Police,
18 March 2004.

Annex 12 Diplomatic Note DPM/CDR Nº 20125 from the
Colombian Acting Foreign Minister to the
Ecuadorian Foreign Minister, 7 April 2004.

Annex 13 Note Nº SARE-142 from the Director of the
National Narcotics Directorate of Colombia to
the President of the Scientific and Technical
Commission of Ecuador, 14 April 2004.

Annex 14 Diplomatic Note VRE/DAA/CAL Nº 18067 from
the Colombian Vice-Minister of Foreign Affairs
to the Ecuadorian Vice-Minister of Foreign
Affairs, 14 April 2004.

Annex 15 Diplomatic Note VR/ST/CVICE Nº 27776 from
the Colombian Vice-Minister of Foreign Affairs
to the Ecuadorian Ambassador in Bogotá, 9 June
2004.

Annex 16 Diplomatic Note VRE/DAA/CAL Nº 28511 from
the Colombian Vice-Minister of Foreign Affairs
to the Ecuadorian Vice-Minister of Foreign

Affairs, 17 June 2004.
Annex 17 Joint Declaration of the Presidents of Colombia
and Ecuador, Esmeraldas, Ecuador, 15 October
2004.

Annex 18 Note Nº DSF 40.1/3.1.3-4-00421 from the
Executive Secretary of the Inter-American

ii Commission on Human Rights to the Colombian
Foreign Minister, 12 September 2005.

Annex 19 Diplomatic Note Nº DDH. 58003 from the
Colombian Foreign Ministry to the Executive
Secretary of the Inter-American Commission on
Human Rights, 18 September 2005.

Annex 20 Note Nº DSF40.1/3.1.3-4-00423 from the
Executive Secretary of the Inter-American
Commission on Human Rights to the Colombian
Foreign Minister, 18 November 2005.

Annex 21 United Nations, Terms of Reference of the
“Scoping Mission for a Detailed Assessment
Study on the Poten tial Impact to Human Health,
the Environment and Agriculture that Occurs in
Ecuador’s Territory as a Result of Glyphosate

Fumigations Done by the Government of
Colombia in the Border Area with Ecuador”,
January 2006. (Enclosure to Note Nº E-104/032
from the Colombian Ambassador in Quito to the
Colombian Foreign Minister, 27 January 2006).

Annex 22 Minutes of Meeting of th e Bi-national Technical
Commission on Health, Atacames, Esmeraldas,
2-3 March 2006.

Annex 23 Health and Environment Integrating Borders,
Proposal for Technical Cooperation between
Countries Colombia-Ecuador: Epidemiological
Surveillance, Pesticides, and Water Quality,
2007.

Annex 24 Diplomatic Note DM/VRE/DPM/CDR/DDA/CAL
Nº 44664 from the Colombia n Foreign Minister
to the Ecuadorian Foreign Minister, 5 September
2006.

Annex 25 Diplomatic Note Nº39064/06-VM/SSNDF/DGRFC
from the Ecuadorian Foreign Minister to the
CICAD Executive Secretary, 20 September 2006.

iiiAnnex 26 Diplomatic Note from the Colombian Foreign
Ministry to the Ecuadorian Embassy in Bogotá,
20 December 2006.

Annex 27 Note from the President of Colombia to the
President of Ecuador, 21 December 2006.

Annex 28 Diplomatic Note DM/VRE Nº 6454 from the
Colombian Foreign Minister to the Ecuadorian
Foreign Minister, 9 February 2007.

Annex 29 Minutes of the Bilateral Evaluation Meeting,
“Health and the Environment Integrating
Borders: Strengthening of Surveillance in Public
Health, Pesticides, and Water Quality”, Ipiales,
Nariño, 12 December 2007.

COLOMBIAN OFFICIAL DOCUMENTS

Annex 30 Colombian Decree 1843 of 1991, Articles 87,
102.

Annex 31 Communiqué of the National Narcotics Council
of Colombia to public opinion on the eradication
of illicit poppy crops, 31 January 1992.

Annex 32 Colombian Law 99 of 1993, Article 57.

Annex 33 Cosmo-Flux 411F, Sales Registration Nº 2186 of
19 April 1993.
Annex 34 Provisional Toxicological Opinion LP-0593-93
(Cosmo-Flux 411F), Colombian Health Ministry,

30 July 1993.
Annex 35 Note from the General Manager of INDERENA
(National Institute for Renewable Natural

Resources and the Environment) to the Director
of the National Narcotics Directorate of
Colombia, 8 October 1993.

ivAnnex 36 Note from the Colombian Health Minister to the
Director of the National Narcotics Directorate, 11
October 1993.

Annex 37 Resolution Nº 001 of 11 February 1994 of the
National Narcotics Council of Colombia.

Annex 38 Colombian Decree 1753 of 1994, Articles 1, 38.
Annex 39 Roundup SL: Sales Registration Nº 0756 of
11 August 1997.

Annex 40 “Environmental Impact Caused by Chemical
Substances, Illicit Crops and Related Activities”,
National Narcotics Directorate of Colombia,

Strategic and Research Division, 2000.
Annex 41 Resolution Nº 005 of 11 August 2000 of the
National Narcotics Council of Colombia.

Annex 42 Communiqué of the Ministry for the
Environment of Colombia to the Public, October
2000.

Annex 43 Resolution Nº 017 of 4 October 2001 of the
National Narcotics Council of Colombia.

Annex 44 Toxicological Opinion Nº 0685, regarding the
toxicological classification of the mix Glyphosate
+ POEA + Cosmo-Flux(1%), Colombian Health
Ministry, 8 October 2001.

Annex 45 Resolution Nº 1065 of 26 November 2001 of the
Ministry for the Environment of Colombia,
Reasoning, Section 3, Technical Visit.

Annex 46 GLY-41: Sales Registration Nº 4294 of 2 July
2002.
Annex 47 Note Nº 00500 from the Assistant Manager for

Agricultural Protection and Regulation of the
Colombian Agriculture and Livestock Institute to
the Director of the National Narcotics
Directorate, 28 January 2003.

vAnnex 48 Resolution Nº 099 of 31 January 2003 of the
Ministry for the Environment of Colombia
(excerpts).

Annex 49 Resolution Nº 013 of 27 June 2003 of the
National Narcotics Council of Colombia.

Annex 50 Resolution Nº 1054 of 30 September 2003 of the
Ministry for the Environment of Colombia.
Annex 51 Note Rec’d. Nº 29157 from the Director of the

National Narcotics Directorate (Head of the
Colombian Delegation to the Joint Commission)
to the Colombian Foreign Minister, 6 April 2004.

Annex 52 Report from the Colombian Delegation, Joint
Scientific and Technical Commission on Aerial
Sprayings, Orito, Putumayo, 25-28 May 2004.
Annex 53 Note Nº SARE-321 from the Director of the

National Narcotics Directorate to the Colombian
Foreign Minister, 11 August 2004.
Annex 54 Council of State of Colombia, Judgment on
appeal from the Admi nistrative Tribunal of

Cundinamarca, 19 October 2004.
Annex 55 Note Nº 001727 from the General Director of the
National Police of Colombia to the Colombian

Foreign Minister, 2 November 2004.
Annex 56 Aide-Mémoire “Aerial Spraying Issue with
Ecuador”, Ministry of Foreign Affairs of
Colombia, Division of Multilateral Political

Affairs, Sub-division for Drug Affairs, September
2005.
Annex 57 “Plan Colombia Progress Report 1999-2005”,

National Planning Department of Colombia,
Office of Justice and Security, September 2006.
Annex 58 Communiqué of the Minist ers of Foreign Affairs
and National Defence of Colombia, 12 December

2006.

viAnnex 59 Addendum Nº 1 to Tender Nº 02 of 2007, with
the purpose of “Contracting the Audit to the
Program for the Eradication of Illicit Crops by
Aerial Spraying with Glyphosate Herbicide”,

National Narcotics Directorate of Colombia.
Annex 60 Press Release of the Colombian Foreign Ministry,
8 February 2007.

Annex 61 Resolution Nº 008 of 2 March 2007 of the
National Narcotics Council of Colombia.

Annex 62 Communiqué of the Colombian Foreign Ministry,
12 July 2007.

Annex 63 “Expenditures of the Colombian State in the
Fight against Drugs, 2005-2006”, National
Narcotics Directorate and National Planning
Department, Bogotá, 2008.

Annex 64 “Investigation Regarding Possible Secondary
Effects on Human Health, Allegedly Derived
from Glyphosate Spraying in the Rural Area of
Villanueva of the Orito Municipality, Putumayo
on 6 August 2007”, Final Report National Health
Institute of Colombia, June 2008.

Annex 65 Report by the Colombian Agriculture and
Livestock Institute (ICA), 29 January 2010.

Annex 66 Report by the National Narcotics Directorate
(DNE), 4 February 2010.

• Appendix: External Environmental Audit.
Annex 67 Report by the Anti-Narcotics Direction of the
Colombian National Police (DIRAN), 8 February
2010.

Annex 68 Report by the National Health Institute (INS),
“Summary of Activitie s Carried Out by the
Ministry of Social Protection and the National

Health Institute with Regard to the Program for
the Eradication of Illi cit Crops with Glyphosate
Herbicide – PECIG”, February 2010.

viiAnnex 69 Report on Complaints submitted to the
Colombian National Health Institute with regard
to the Program for the Eradication of Illicit Crops
with Glyphosate Herbicide – PECIG, February

2010.
Annex 70 Report by the Ministry for the Environment,
Housing and Territorial Development on the
Program for the Eradication of Illicit Crops by

Aerial Spraying with Glyphosate Herbicide –
PECIG, February 2010.
• Appendix 1: Sample Report of a Verification

Mission (Technical Report – 19th Verification
Mission concerning th e spraying operations
conducted between September 2008 and
February 2009)

• Appendix 2: Sample of results of soil
analyses taken prior to / immediately
following the spraying (N° 1972/08).

• Appendix 3: Sample of results of soil
analyses taken 60 days after spraying
(N° 2125/08).

• Appendix 4: Sample of results of water
analyses taken prior to / immediately
following the spraying (N° 1951/08).

• Appendix 5: Sample of results of superficial
water analyses taken 60 days after spraying
(N° 2194/09).

Annex 71 Spray Mix Quality Control, National Laboratory
for Agricultural Use Products (LANIA),
Colombian Agriculture a nd Livestock Institute
(ICA), 18 February 2009.

Annex 72 Note N° 0958 ARECI/JEFAT from the Anti-
Narcotics Direction of the Colombian National
Police (DIRAN) to the Colombian Foreign
Ministry, 18 February 2010.

viiiAnnex 73 Note N° 20103291383181 from the Presidential
Agency for Social Action and International
Cooperation ( Acción Social ) to the Colombian
Foreign Ministry, 23 February 2010.

ECUADORIAN OFFICIAL DOCUMENTS

Annex 74 Main Fertilizers Import and Manufacturing

Companies, Ministry of Agriculture, Livestock,
Aquaculture and Fishing of Ecuador.
Annex 75 Siona Indigenous Nation, Web page of the

Council for the Development of the Nationalities
and Peoples of Ecuador.
Annex 76 Ai’cofan Indigenous Nati on, National Institute
for Statistics and Censuses of Ecuador.

Annex 77 Sucumbíos Provincial Government Homepage,
History, Political Organization.

Annex 78 “Social Development and Poverty in Ecuador,
1990-2001”, Chapter 8, Poverty Profile according
to Unmet Basic Needs, Social Front’s Technical
Secretariat Information and Analysis Unit –
SIISE, Government of Ecuador, Social Report

2003, Quito, December 2003.
Annex 79 “Model Project for the Planting, Production and
Sustainable Agro-industry of the Guanábana
(Soursop)”, Federation fo r Integral Development

of Peasants and Afro-descendants of Esmeraldas
(FEDICAE), Esmeraldas, January 2004.
Annex 80 Press Bulletin Nº 388 of the Ecuadorian Foreign

Ministry, “No glyphosate re sidues exis t in the
waters of the rivers of the Sucumbíos province”,
25 June 2004.
Annex 81 Press Bulletin Nº 480 of the Ecuadorian Foreign

Ministry, “No glyphosate re sidues were found in

ix Esmeraldas, border with Colombia”, 26 August
2004.

Annex 82 Press Bulletin Nº 721 of the Ecuadorian Foreign
Ministry, 24 December 2004.

Annex 83 Memorandum of the Ecuadorian Foreign
Ministry, 24 December 2004.
Annex 84 Memorandum of the Ecuadorian Foreign
Ministry, 29 December 2004.

Annex 85 Press Bulletin N° 732 of the Ecuadorian Foreign
Ministry, “Commission of the Foreign Ministry
finds no evidence of sprayings following

verifications in the entire area where sprayings
were claimed to have been conducted”,
30 December 2004.
Annex 86 Press Bulletin Nº 027 of the Ecuadorian Foreign

Ministry, 24 January 2005.
Annex 87 Press Bulletin Nº 419 of the Ecuadorian Foreign
Ministry, 2 September 2005.

Annex 88 Press Bulletin Nº 593 of the Ecuadorian Foreign
Ministry, 18 November 2005.

Annex 89 “Manual for the Identification and Management
of Weeds on the Galapagos Islands”, Charles
Darwin Foundation and Galapagos National Park
Services, 2006.

Annex 90 “Health baseline of th e Ecuadorian Northern
Border Provinces”, Public Health Ministry of
Ecuador, Pan-American Health Organization
(PAHO), Quito, Ecuador, 2006.

Annex 91 “Esmeraldas Health and Environment Program
(SYMAE)”, Municipality of Esmeraldas,
1 August 2006.

Annex 92 “Ten Main Morbidity Causes per Province”,
Public Health Ministry of Ecuador, Epidemiology
Sub-process, Quito, 2007.

xAnnex 93 Cofan Indigenous Nation, Webpage of the
Council for the Development of the Nationalities
and Peoples of Ecuador, 6 November 2008.

Annex 94 “The Living Conditions of Ecuadorians. Results
of the Survey of Living Conditions – Fifth
Round.Poverty and Inequality”, National
Institute for Statistics and Censuses of Ecuador,
Quito, 2009.

UNITED NATIONS DOCUMENTS

Annex 95 Description of the Illicit Crops Integrated
Monitoring System (SIMCI).
Annex 96 International Programme on Chemical Safety

(IPCS), International Programme on Chemical
Safety, Environmental Health Criteria (EHC)
159, Glyphosate”, Geneva, 1994.
Annex 97 United Nations International Drug Control

Programme (UNDCP), “Economic and Social
Consequences of Drug Abuse and Illicit
Trafficking”, Technical Series 0101, 1998.

Annex 98 World Health Organization (WHO), “Guidelines
for Drinking-Water Quality”, Second Edition,
Addendum to Volume 1, Recommendations,
Geneva, 1998.

Annex 99 General Assembly Resolution S-20/2, “Political
Declaration”, 10 June 1998. UN doc. A/S-20/4
Annex 100 United Nations Children's Fund (UNICEF),

“Baseline of the Province of Esmeraldas, Final
Consulting Report”, April 1998.
Annex 101 Food and Agriculture Organization of the United
Nations (FAO), “Specifications and Evaluations

for Plant Protection Products, Glyphosate N-
(phosphonomethyl)glycine”, 2000/2001.

xiAnnex 102 United Nations Office for Drug Control and
Crime Prevention (ODCCP), “Global Illicit Drug
Trends 2001”, New York, 2001.

Annex 103 United Nations Office on Drugs and Crime
(UNODC), “Colombia Coca Cultivation Survey
2003”, June 2004.

Annex 104 UNODC, “Colombia Coca Cultivation Survey
2004”, June 2005.

Annex 105 World Health Organization (WHO), “The WHO
Recommended Classification of Pesticides by
Hazard”, 2005.

Annex 106 “Report of the United Nations Technical
Preliminary Mission to propose studies on the
impact of the aerial sprayings and complementary
actions in the northern border of Ecuador”, Quito,
Ecuador, April 2006.

Annex 107 UNODC, “Colombia Coca Cultivation Survey
2006”, June 2007.
Annex 108 UNODC, “Colombia Coca Cultivation Survey

2008”, June 2009.
Annex 109 UNODC, “World Drug Report 2009”, Vienna,
2009.

Annex 110 Diplomatic Note N° 57491 from the Colombian
Vice-Minister for Foreign Multilateral Affairs to
the United Nations Office on Drugs and Crime
(UNODC) Representative to Colombia,

19 October 2009.
Annex 111 Diplomatic Note from the United Nations Office
on Drugs and Crime (UNODC) Representative to

Colombia to the Colombian Vice-Minister for
Foreign Multilateral Affairs, 20 January 2010.

xii Annex 1

N OTEN°E-067 FROM THE C OLOMBIAN A MBASSADOR IN QUITO TO THE
PRESIDENTIAL A DVISER FORC OEXISTENCE,N ATIONAL SECURITY ,AND FIGHT
AGAINST CRIME ,18 ANUARY 2001

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA

E-067

Quito, 18 January 2001

Mister

GONZALO DE FRANCISCO ZAMBRANO
Presidential Adviser for Coexistence, National Security and Fight against Crime
Bogotá D.C.

I write to you in order to thank you for the presentation carried out in the Department of
the Environment of Ecuador on 16 January of the current year, by Mr. Luis Eduardo
Parra Rodríguez, consultant in charge sent by your office.

In the presence of the Undersecretary of Environmental Affairs and senior

representatives from the Foreign Affairs, Health, Agriculture and Defence Ministries,
Mister Parra Rodríguez did a great job with his excellent presentation of all aspects
related to the spraying tasks that the Colombian Government undertakes in order to
eradicate illicit crops of coca and poppy which affect our territory. The expert

knowledge and clarity of the speaker were conclusive in transmitting the real outlook of
what is happening in our country to the audience. Thanks to his knowledge about all
technical factors, required operations and characteristics of the product used in the
spraying activities, the attendants, many of them in charge of the policies the

Ecuadorean Government will implement in the future, were able to clear up all their
questions and doubts concerning this issue.

Additionally, thanks to the presentation by Mister Parra Rodríguez, it became clear that

the media is responsible for most of the ‘misinformation’ that the public who attended
had regarding the matter. That is why I consider of vital importance to take this
presentation, with the support and collaboration of Embassy, to all press, radio and
television representatives of Ecuador, through a conference.

Yours sincerely,

1Annex 1

[Signed]

ELISEO RESTREPO LONDOÑO
Ambassador of Colombia

2 Annex 2

N OTEN°E-934 FROM THE C OLOMBIAN A MBASSADOR IN QUITO TO THE ECUADORIAN

D EFENCE M INISTER, 16AUGUST 2001

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA

E-934

Quito, 16 August 2001

Mister Admiral

HUGO UNDA AGUIRRE
Minister of National Defense
City

Ref.: Official letter No. 010837-MJ-3

Mister Admiral,

Regarding the request presented through the referenced official letter, please allow me
to submit the following documentation:

• ‘Toxicological and technical considerations of aerial spraying with glyphosate
on illicit coca crops’ – APECI/PLANCO.

• Dossier of reports about specifications and technical assessments, records and
evaluation of risks to human health and the environment produced, respectively,
by the Food and Agriculture Organization (FAO) of the United Nations, the U.S.
Environmental Protection Agency (EPA) and the International Programme on
Chemical Safety (IPCS); the latter published with the support of the United

Nations Environment Programme (UNEP), the InternationalLabour
Organization (ILO), and the World Health Organization (WHO).

• Summary of the report ‘Assessment of safety and the risk to humans of the
herbicide roundup and its active ingredient, glyphosate', prepared by researchers

form three prestigious universities (American, Canadian and Dutch).

I trust that the careful analysis of this documentation will allow those to whom it may
concern to build a balanced and objective opinion about the chemicals used by

3Annex 2

Colombia in the execution of its legal and legitimate right and duty to eradicate illicit
crops and fight drug trafficking, through the governmental program designed and
implemented for this purpose. In this sense, it is clear that the use of these products

does not represent potential risks to human and animal health, crops, and in general to
the environment; therefore, the declarations that mistakenly state the opposite are not
valid.

I would like to take this opportunity to send the following document, due to its relation
to the aforementioned matter: ‘Environmental impact of illicit crops in Colombia’,

which clearly explains the true factors that cause problems in human and animal health,
crops and environmental deterioration in zones where coca and poppy are produced and
cultivated.

Best regards,

[Signed]

GABRIEL MARTÍNEZ PELÁEZ
Chargé d´affaires a.i.

Enclosure

4 Annex 3

N OTEN°E-931 FROM THE COLOMBIAN AMBASSADOR IN Q UITO TOV ALERIO GREFFA
U QUIÑA,E CUADORIAN C ONGRESSMAN ,20 AUGUST 2001

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA

No. E-931
Quito, 20 August 2001

Professor
VALERIO GREFFA UQUIÑA
National Congress
City

Honorable Member of the Congress:

Over the past few weeks, the media of Ecuador has released several declarations from
some commissions of your prestigious institution in relation to the allegedly negative

effects derived from the execution of the Plan Colombia, in general, and of the program
for eradication of illicit crops carried out in the Province of Putumayo, which borders
with the province of Sucumbíos, in particular.

With the purpose of providing enough evidence to help you build an objective and
balanced opinion about the characteristics, scope and implications of the Plan Colombia
and the crop spraying, and with the purpose of maintaining the spirit of understanding,
solidarity and cooperation that has characterized the relationships and various ties
between our people, leaders and governments, please allow me to submit the following

documentation:
• Toxicological and technical considerations of aerial spraying with glyphosate on
illicit coca crops.
• Press Release, Embassy of Colombia.

• “Colombia Present”, Embassy of Colombia
• Environmental impact of illicit crops in Colombia

Yours truly,

[Signed]
GABRIEL MARTÍNEZ PELÁEZ
Chargé d’affaires a.i.

5Annex 3

Enclosure

6 Annex 4

NOTE N°E-962 FROM THE COLOMBIAN A MBASSADOR IN QUITO TO THE PRESIDENT
OF THEN ATIONAL CONGRESS OF ECUADOR ,23 AUGUST 2001

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA

No. E-962
Quito, 23 August 2001

Mister
JOSÉ CORDERO ACOSTA

President
National Congress
City

Honorable President,

Over the past few weeks, the media of Ecuador has released several declarations from
some commissions of your prestigious institution in relation to the allegedly negative
effects derived from the execution of the Plan Colombia, in general, and of the program

for eradication of illicit crops carried out in the province of Putumayo, which borders
with the province of Sucumbíos, in particular.

With the purpose of providing enough evidence to help you build an objective and
balanced opinion about the characteristics, scope and implications of the Plan Colombia

and the crop spraying, and with the intent of maintaining the spirit of understanding,
solidarity and cooperation that has characterized the relationships and various ties
between our people, leaders and governments, please allow me to submit the following
documentation:

• Toxicological and technical considerations of aerial spraying with glyphosate on
illicit coca crops.
• Press Release, Embassy of Colombia.
• “Colombia Present”, Embassy of Colombia

• Environmental impact of illicit crops in Colombia

Truly yours,

[Signed]
ELISEO RESTREPO LONDOÑO

7Annex 4

Ambassador of Colombia
Enclosure

8 Annex 5

D IPLOMATIC NOTE N°72523/2001-SG/SSN FROM THE E CUADORIAN F OREIGN
MINISTER TO THEC OLOMBIAN F OREIGN M INISTE,12 SEPTEMBER 2001

(Archives for the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF ECUADOR
MINISTRY OF FOREIGN AFFAIRS

No. 72523/2001-ESG/SSN
Quito, 12 September 2001

Excellency:

I have the honor to write to Your Excellency in order to refer to your notification

Number DN/AL. N°25009, dated 14 July of the current year, in which you kindly
answer my notification regarding the concern of the Ecuadorian Government about the
spraying of illicit crops in the south of Colombia with products potentially harmful to
the health of the population and the environment in the Ecuadorian zones neighboring
the borderline with Colombia.

I thank Your Excellency for the notification and for sending such comprehensive
information about the spraying program that is being implemented by Colombia, based
on the technical studies carried out by competent institutions in your country.

Regarding the proposal made by Your Excellency of carrying out a seminar and
workshop in Colombia, in order to discuss the spraying program and to exchange
opinions about the matter, in the spirit of bilateral cooperation, it is a pleasure for me to
inform you that my Government accepts to take part in this project, within the terms

agreed by our Foreign Affairs Offices in the most recent Diplomatic Briefings meeting.
For this purpose, we are executing all the logistic efforts required to conform the
Ecuadorian Ad Hoc Technical Committee which will travel to Bogotá to attend the
seminar.

I would appreciate it if Your Excellency could notify the date suggested by the
Colombian Government to carry out the seminar and workshop, as well as the proposed
schedule.

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

9Annex 5

[Signed]

Heinz Meller Freile
MINISTER OF FOREIGN AFFAIRS

His Excellency
Guillermo Fernández de Soto

MINISTRY OF FOREIGN AFFAIRS
Bogotá, Colombia

10 Annex 6

N OTEN°E-1313 FROM THE C OLOMBIAN AMBASSADOR IN Q UITO TO THE
ECUADORIAN MINISTER OFAGRICULTURE ,15 NOVEMBER 2001

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA

E-1313

Quito, 15 November 2001

Engineer
GALO PLAZA PALLARES
Minister of Agriculture and Livestock

City

Mister Minister

Knowing that it will be of interest to you, I respectfully submit a copy of the ‘Final

report on claims about health damages related to aerial eradication in Colombia’,
carried out by Colombian toxicologist Camilo Uribe, and published in September, 2001.

This report is very important since it presents an objective and weighted analysis about

a problem that, unfortunately, has been subject to misjudgments and misinformation.

Yours sincerely,

[Signed]
ELISEO RESTREPO LONDOÑO
Ambassador of Colombia

Enclosure

1112 Annex 7

N OTE N°E.455/90FROM THE C OLOMBIAN AMBASSADOR IN QUITO TO THE
COLOMBIAN F OREIGNM INISTER, 26MARCH 2003,ENCLOSING THE NONPAPER
GIVEN TO THE MBASSADOR BY ECUADORIAN A UTHORITIES AT THM EETING HELD
ON THE SAME DATE

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA
Quito - Ecuador

E. 455/90

Quito, 26 March 2003

Madame

CAROLINA BARCO
Minister of Foreign Affairs
Bogotá D.C.

Madame Minister:

The purpose of this letter is to inform you that I was recently called to the Ecuadorian
Foreign Affairs Office by the Ambassador Eduardo Mora Anda, General Director of

Frontier Affairs and Executive Director of the Binational Plan for Ecuador. The aim of
this meeting was to notify a series of concerns about the illicit crop spraying that is
taking place near the border with Ecuador, and the allegedly negative effects on the
Ecuadorian population. I am attaching a non-paper copy of the information I received

concerning the issue.

With regard to the conversation with the Ambassador Mora and the document presented
by him, I would like to highlight the following aspects:

• The hypothesis stating that illicit crop spraying on Putumayo causes damages to
the Ecuadorian population and its crops persists.

• They insist on asking us to keep spraying tasks within a distance of ten
kilometres, at least, from the border.

• The communities that live in the border gave Notice of Appeal for Legal

Protection (Injunctive Relief) against the Ecuadorian Government, due to the

13Annex 7

inability of our country to guarantee spraying will not take place within ten
kilometers from borderline. Apparently, this Appeal for Legal Protection has
been accepted by a competent court, which could potentially lead to the State of

Ecuador to be sentenced.

• Monitoring and control of the potential impacts on the environment and the
Ecuadorian population that lives in the border with Colombia is requested,
through the agreed binational mechanisms.

Regarding this matter, I had the opportunity to talk to the Ambassador Mora about the
scientific and technical studies which prove that substances used to spray the crops do
not have the effects Ecuadorian communities claim. Moreover, I brought to his attention
that the real damage to the environment and the health of the community is caused by
drug trafficking; which pollutes the atmosphere and destroys rainforest with the
chemical substances used in order to produce coca. Furthermore, I emphasized on how

all the damages caused to the crops and the health of the Ecuadorian people have been,
in fact, the result of natural and climate phenomena, and not of the products used in
illicit crop spraying.

In order to answer all these concerns, I strongly recommend submitting the documents
that confirm the arguments I presented over the meeting to the Office of Foreign

Affairs. However, I kindly request Madam Minister to let me know your suggestions
and instructions about this matter.

Sincerely yours

[Signed]

MARÍA PAULINA ESPINOSA DE LÓPEZ
Ambassador

Enclosure: the aforementioned

14 inability of our country to guarantee spraying will not take place within ten
kilometers from borderline. Apparently, this Appeal for Legal Protection has
been accepted by a competent court, which could potentially lead to the State of
Ecuador to be sentenced.

• Monitoring and control of the potential impacts on the environment and the
Ecuadorian population that lives in the border with Colombia is requested,
through the agreed binational mechanisms.

Regarding this matter, I had the opportunity to talk to the Ambassador Mora about the
scientific and technical studies which prove that substances used to spray the crops do

not have the effects Ecuadorian communities claim. Moreover, I brought to his attention
that the real damage to the environment and the health of the community is caused by
drug trafficking; which pollutes the atmosphere and destroys rainforest with the
chemical substances used in order to produce coca. Furthermore, I emphasized on how
all the damages caused to the crops and the health of the Ecuadorian people have been,
in fact, the result of natural and climate phenomena, and not of the products used in
illicit crop spraying.

In order to answer all these concerns, I strongly recommend submitting the documents
that confirm the arguments I presented over the meeting to the Office of Foreign
Affairs. However, I kindly request Madam Minister to let me know your suggestions
and instructions about this matter.

Sincerely yours

[Signed]
MARÍA PAULINA ESPINOSA DE LÓPEZ
Ambassador

Enclosure: the aforementionedAnnex 7

In addition, it was suggested that the Binational Commission, supported by international

organisms, could carry out scientific research in order to prove the effects of the
spraying method used for the eradication of illicit crops of coca and poppy, and to
develop new alternatives to fight these crops.

16 Annex 8

N OTE VERBALE VREN º32759FROM THE C OLOMBIAN FOREIGN M INISTRY TO THE
ECUADORIAN EMBASSY INB OGOTÁ , 18EPTEMBER 2003

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

The Ministry of Foreign Affairs presents its compliments to the Honorable Embassy of
Ecuador and has the honor to refer to its Note No. 4-2-234/03, dated August 25 2003,
whose contents refers to a previous note No. 23205/GM, dated April 10 2003.

In this communication, the Illustrious Government of Ecuador proposed the creation of
a Binational Commission to evaluate the effects of aerial sprayings on illicit crops in
the common border zone and the signing of a “Memorandum of Understanding”
concerning a 10-kilometre buffer zone along the border.

The Colombian Government, aware of the importance that the world fight against
illicit drugs and its related crimes has on the bilateral agenda of both countries,
thoroughly examined the Note No. 23205/GM, dated April 10 2003. After evaluating
its content, it was clear that the Ecuadorian Government recognizes the need to
eliminate illegal crops that are the basis for the processing of narcotic drugs, though it

has a different view on the effects of aerial sprayings with which the Colombian
Government aims at eradicating such crops during the present Administration in order
to decisively contribute to the world fight against the narcotic drugs problem.

The Honorable
EMBASSY OF ECUADOR

The establishment of a buffer zone in the common border, as proposed by the

Ecuadorian Government in the above mentioned Memorandum, is unacceptable for the
Colombian Government for multiple reasons, among which the following should be
highlighted:

• Eradication of illicit crops is performed within the limits of Colombian territory,
according to the United Nation Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances (1988), the other relevant international conventions, and ,

17Annex 8

Declaration and Action Plan against World Drugs Problem adopted by United Nations
in 1988; commitments accepted by both the Colombian and Ecuadorian Governments.
• Forced eradication is accepted as a legitimate means in the fight against illicit

crops, and is performed under procedures that are compatible with the preservation of
human health and the environment, in accordance with the precautionary principle
stated in the Rio Declaration on Environment and Development in 1992. Prior to aerial
sprayings, an illicit crops monitoring satellite system is used, which guarantees the
exact perimeter of the zone to be sprayed, and additionally, the technical equipment of
the airplanes that perform such activities ensures the target is reached accurately.

• Crops extension itself does not make it possible to consider manual eradication
as a viable way to eliminate them. Therefore, it is necessary to carry out aerial
sprayings. To declare a zone of crops free of aerial sprayings in the common border,
would open the door to the free movement of the drug-trafficking international
networks, gunrunning and chemical precursors smuggling, in collaboration with the
terrorist groups that operate in the south of Colombia, and would create a greater risk
for the security of the two nations, particularly, for the residents of the border zone.

Those arguments were presented to the Ecuadorian delegation that attended the
bilateral meeting held in Bogota last 5 August, with the objective of exchanging
information about aerial sprayings, as well as examining the controls that both
Governments carry out on deviation of chemical precursors and cross border flow of

arms, ammunition, and explosives.
As a result of that meeting, and reassured by the Declaration issued by both the
Ecuadorian and Colombian Presidents last August 22, in Quito, the intention of both
Governments to shortly activate the Joint Commission proposed in the Cooperation
Agreement to prevent, control, and stop illicit traffic and use of Narcotic Drugs and
Psychotropic Substances, of 1979, with the purpose of reviewing the different aspects

affecting the fight against illicit drugs has been explicitly expressed.
Colombian Government affirms once again, its willingness to share with Ecuadorian
authorities all the information it has about the procedures that have been used in aerial
sprayings of illegal crops within its territory and urges the Ecuadorian Government to
continue to carry out common efforts against International crime and terrorism.

The Ministry of Foreign Affairs avails itself of this opportunity to renew to the
Honorable Embassy of Ecuador the assurances of its highest consideration.

[Initials]
Bogota, 18 September 2003.

18 Annex 9

N OTE VERBALE DBR/CAL UNNUMBERED FROM THE C OLOMBIAN F OREIGN
MINISTRY TO THEE CUADORIAN EMBASSY IN BOGOTÁ ,13 NOVEMBER 2003

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

Note DBR/CAL

Bogota, 13 November 2003.

The Ministry of Foreign Affairs – Division of Bilateral and Regional Affairs- presents

its compliments to the Honorable Embassy of the Republic of Ecuador, and has the
honor to send the Diplomatic Note VRE/DBR 40153, dated 12 November, in which the
Minister of Foreign Affairsubmits the information requested by the Ecuadorian
Ministry of Foreign Affairs in its Note 68964/2003-GM dated 23 October 2003,
regarding the Binational Scientific Commission on the possible effects of Aerial

Sprayings in the border zone.

Similarly, the Ministry of Foreign Affairs has attentively sent the following documents
so that they are handed in to the Ecuadorian Scientific Commission:

• Chemical Substances and Narcotic Drugs Traffic
• The Colombian Fight against Illicit Drugs- Actions and Results 2002
• Processes Area of Illicit Crops Eradication. Environmental Management Plan.
Anti-Narcotics Direction of the National Police.

Upon thanking for delivering the Diplomatic Note as well as its annexes to its highest
addressee, the Ministry of Foreign Affairs, Division of Bilateral Affairs avails itself of
this opportunity to renew to the Honorable Embassy of Ecuador, the assurances of its
highest consideration.

Honorable
EMBASSY OF ECUADOR 2003.

1920 Annex 10

D IPLOMATIC NOTE N°4-2-336/03FROM THE ECUADORIAN F OREIGN M INISTRY TO
THEC OLOMBIAN F OREIGN M INISTR,10D ECEMBER 2003

(Archives of the Ministry of Foreign Affairs of Colombia)

THE EMBASSY OF ECUADOR presents its compliments to the Honorable
Ministry of Foreign Affairs, Office of Bilateral and Regional Affairs related to the note
number 4-2 317/03, dated 21 November 2003, we kindly remind you our request for the
Environmental Impact Assessment carried out before the application of glyphosate,

which was offered by the Colombian Scientific Commission to the fellow Commission
in Ecuador, within the framework of the meeting held last 14 October in Bogotá.

Likewise, with regards to the next meeting of the Binational Scientific
Commission, scheduled to be held in the City of Quito on 17 December, this year, we
kindly request the list of delegates of the Colombian Scientific Commission who will
participate in the meeting to be sent as soon as possible, as well as their logistic needs
and travel itineraries.

The meeting schedule will be sent timely to the Honorable Ministry Foreign
Affairs of Colombia.

The EMBASSY OF ECUADOR would like to thank the Honorable Ministry of

Foreign Affairs - Office of Bilateral and Regional Affairs for your immediate attention
to this matter and avails itself of this opportunity to renew the assurances of its highest
and distinguished consideration.

Bogotá, D.C., 10 December 2003

To the Honorable
Ministry of Foreign Affairs
Office of Bilateral and Regional Affairs

City

2122 Annex 11

NOTE NºCMFS-46-2004, FROM THE P RESIDENT OF THEECUADORIAN S CIENTIFIC
AND TECHNICAL C OMMISSION TO THEA CTINGD IRECTOR OF THEA NT-NARCOTICS

D IRECTION OF THC OLOMBIAN N ATIONAL POLICE,18 MARCH 2004

(Archives of the Ministry of Foreign Affairs of Colombia)

Quito, 18 March 2004
CFMS-46-2004

Colonel
Jaime Piñeros
Acting Director

Colombian Antinarcotics Office
Bogotá, Colombia

My considerations

First, I would like to express my gratitude for seeing me yesterday in your office to
discus one of the topics in the Agenda of the Official Visit of President Gutierrez to
your country.

As you know, both Colombian and Ecuadorian Scientific and Technical Commissions
were created to analyze the possible effects of illicit crops spraying on Ecuadorian
territory, in October 2003 pursuant to the agreement reached by the presidents Gutierrez

and Uribe the previous month.

Since then, the Commissions have held tow meetings, one on 14 October 2003 in
Bogotá, Colombia, and the second one on 9 February this year in Quito, Ecuador.

During the first meeting, the Ecuadorian Commission had the opportunity to know the
studies that have been carried out by Colombian technicians on the impacts caused by
the products used and requested more information on this topic to the members of the
Colombian in order to analyze it and reach their conclusions.

In the Meeting on 9 February in the city of Quito, the Commissions made commitments,
which I list below:

23Annex 11

1. Make a joint trip the Ecuadorian-Colombian frontier to make observations and
collect testimonies and complaints directly from people living in the region.

2. The Ecuadorian Commission requested the submission of additional reports that
allow for a more precise analysis and evaluation of the procedure of sprayings
and of the studies carried put by Colombia on this issue; specifically,
information on past spraying carried out on Colombian territory bordering
Ecuador, regarding the methodology, route, and the other factors and variables
taken into account.

3. It was agreed to elaborate a mathematical model to be implemented in sprayings
that the Colombian Government carries out, which includes variables of: droplet
size, terminal velocity, wind speed, flight speed, liquid density, temperature,
relative humidity, minimal distance from border line, types of nozzles, types of
pump, calibration of nozzles, as the most important parameters, so that it is not
possible spray drift to reach Ecuadorian territory.

4. Exchange information on health related issues and facilitate signing Agreements
for mutual medical help among the corresponding institutions, and

5. Make deeper analyses on the possible effects on human health and on the
environment caused by the herbicides used.

During the meeting I had with you, Director, we agreed on facilitate and propose
meeting schedules to reach definite conclusions until the end of April this year, which
should be submitted to the Presidents of the Republic of both countries. We have come

to this agreement, based on paragraph No. 14 of the Joint Declaration of Ecuadorian and
Colombian Presidents, signed on 17 March this year.

As members of the Ecuadorian Scientific and Technical Commission, we are looking
forward to the next meeting that you hold with the relevant authorities in your country
to establish a schedule of visits and agendas to be discussed.

I avail myself of this opportunity to express my appreciation and personal
consideration.

Sincerely,

24 1. Make a joint trip the Ecuadorian-Colombian frontier to make observations and
collect testimonies and complaints directly from people living in the region.

4. Exchange information on health related issues and facilitate signing Agreements
for mutual medical help among the corresponding institutions, and

5. Make deeper analyses on the possible effects on human health and on the
environment caused by the herbicides used.

to this agreement, based on paragraph No. 14 of the Joint Declaration of Ecuadorian and
Colombian Presidents, signed on 17 March this year.

I avail myself of this opportunity to express my appreciation and personal
consideration.

Sincerely,26 Annex 12

D IPLOMATIC NOTE DPM/CDRN º20125FROM THE COLOMBIAN ACTING FOREIGN
M INISTER TO THEECUADORIAN FOREIGN M INISTER,7 APRIL2004

Archives of the Ministry of Foreign Aff)irs of Colombia

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

Bogota, D.C. 7 April 2004

Excellency:

I have the honor to write to Your Excellency in order to refer to your kind Note No.
15715/2004- GM, dated 9 March 2004, regarding the Action Strategy of the Colombian
Government for eradication of illicit crops by means of aerial spraying.

With regards to this topic, I would like to mention that the decision of spraying illicit

crops is part of the strategy for eradication of illicit crops, based on the National
Development Plan 2002-2006, which aims at fighting this negative phenomenon, all its
environmental, social and economic effects, and its related activities.

Taking into account the complexity of the problem, and the need to fight the World

Drug Problem comprehensively in all its phases, the National Government strategy for
eradication of illicit crops is complemented with alternative development programs,
which include among their objectives, to avoid the reappearance of these crops where
they have already been eradicated.

Likewise, the National Government, understanding the great importance of
guaranteeing the security throughout the country, is making big efforts in order to
expand and keep presence of the Public Force all over the Colombian territory,
including the border with our brother country of Ecuador, to prevent people engaged in

illicit crops activities and other crimes from disturbing the binational harmony that has
always characterized the relations between the two countries.

His Excellency
Mr. PATRICIO ZUQUILANDIA DUQUE
Minister of Foreign Affairs of Ecuador

27Annex 12

The determined action of President Uribe Administration in the fight against the World
Drug Problem has resulted in reduction of illicit crops within Colombian territory to
approximately 90.000 hectares during 2003. This statistical data is proof of the

efficiency of the current anti-drug strategy, which brings benefits to Colombia and the
whole International Community affected by the scourge of illicit drugs.

Being absolutely aware of the need of not giving any truce to the activities of
production, processing, and trafficking of narcotic drugs, Colombia will continue to
carry out the current strategy of illicit crops eradication, which includes performing

aerial sprayings anywhere in the national territory where the Antinarcotics National
Police determines the existence of these illicit crops.

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

[Signed]

CAMILO REYES RODRIGUEZ
Vice Minister of Foreign Affairs
Acting Minister of Foreign Affairs

28 Annex 13

N OTEN ºSARE-142 FROM THE D IRECTOR OF THEN ATIONAL NARCOTICS
D IRECTORATE OFC OLOMBIA TO THE PRESIDENT OF THESCIENTIFIC AND
TECHNICAL C OMMISSION OFE CUADOR , 14APRIL2004

(Archives of the Ministry of Foreign Affairs of Colombia)

Ministry of the Interior and Justice National Narcotics
Republic Of Colombia Directorate

Bogota, D.C. 14 April 2004

SARE – 142

Mr.
JUAN CARLOS PALACIOS BURNEO
Chairman
ECUADOR’S SCIENTIFIC AND TECHNICAL COMMISSION
Diego de Almagro No. 1550 y la Pradera

Edf. Posada de las Artes Kigman, Piso 4
Quito, Ecuador

Ref: Letter No. CFMS-46-2004 Rec. DNE E-2004-19728 DATED 23/03/04

Dr. Palacios;

In reply to the letter in reference I want to make the following considerations:

1. Regarding the first point, I inform you that the Colombian counterpart has
scheduled a coordination meeting with the technicians on 5 April. By then, we
expect to have preliminary date to make the joint visit.

It should be noticed that logistic and security issues will be the responsibility of

each country on its territory. Should any sampling be made on Ecuador´s side,
expenses will be on the Ecuadorian counterpart.

2. INFORMATION ABOUT PREVIOUS SPRAYING ACTIVITIES

2.1 Background of sprayings in the border area with Ecuador

DATE MUNICIPALITY SPRAYING (Has)
January 1 to FebruarSan Miguel 3.900

29Annex 13

15, 2002 Puerto Asís 310
Valle del Guamuez 627

TOTAL OPERATION 4.837
July 28 to December San Miguel 1.295
30, 2002 Puerto Asís 17.534
Valle del Guamuez 4.208
Puerto Leguizamo 44

TOTAL OPERATION 23.081
May 5 to July 19, San Miguel 2.728
2003 Puerto Asís 1.114
Valle del Guamuez 2.206
TOTAL OPERATION 6.048

Ministry of the Interior and Justice National Narcotics
Republic Of Colombia Directorate

2.2 Methodology:

Program for the Eradication of Illicit Crops by Aerial Spraying with Glyphosate
(PECIG) is founded on 3 processes that ensure that operations are technical and
accurate. The processes are:
-Detection:
With this process, the exact location and quantity of areas with illicit crops all
over the national territory is determined. It is made by interpreting satellite

images combined with overflights and intelligence reports for information
validation and updating.
-Spraying.
With this process, technical and controlled application of herbicide glyphosate
on crops previously detected is applied. It is carried out under the technical
parameters established in the Environmental Management Plan for the Program

for the Eradication of Illicit Crops by Aerial Spraying with Glyphosate (PECIG),
approved by the Ministry of the Environment, Housing, and Territorial
Development and technically upheld by the Colombian Farming Institute (ICA).
-Verification:
This process allows to evaluate compliance with the technical parameters
approved by competent authorities, to determine the efficacy percentage of

applications for illicit crops control and, process complaints filed in accordance
with Resolution 017 of 2002 issued by the National Narcotics Council. It
establishes the procedures to address and compensate alleged damages that may

3015, 2002 Puerto Asís 310
Valle del Guamuez 627
TOTAL OPERATION 4.837

July 28 to December San Miguel 1.295
30, 2002 Puerto Asís 17.534
Valle del Guamuez 4.208
Puerto Leguizamo 44
TOTAL OPERATION 23.081
May 5 to July 19, San Miguel 2.728

2003 Puerto Asís 1.114
Valle del Guamuez 2.206
TOTAL OPERATION 6.048

Ministry of the Interior and Justice National Narcotics

Republic Of Colombia Directorate

2.2 Methodology:

-Detection:
With this process, the exact location and quantity of areas with illicit crops all
over the national territory is determined. It is made by interpreting satellite
images combined with overflights and intelligence reports for information
validation and updating.
-Spraying.
With this process, technical and controlled application of herbicide glyphosate

on crops previously detected is applied. It is carried out under the technical
parameters established in the Environmental Management Plan for the Program
for the Eradication of Illicit Crops by Aerial Spraying with Glyphosate (PECIG),
approved by the Ministry of the Environment, Housing, and Territorial
Development and technically upheld by the Colombian Farming Institute (ICA).
-Verification:
This process allows to evaluate compliance with the technical parameters

approved by competent authorities, to determine the efficacy percentage of
applications for illicit crops control and, process complaints filed in accordance
with Resolution 017 of 2002 issued by the National Narcotics Council. It
establishes the procedures to address and compensate alleged damages that mayAnnex 13

D: Droplet diameter in micras
W: Droplet density (Kg/m3)

A: Air viscosity newton – second per square meter
1 Ns/m2= 10P (Poise) = 181 uP at 20 °C

Concentrations used for coca crops spraying:

Mixture of Glyphosate, water, and adjuvant 23,65 lt/ha (10,4 lt of

Glyphosate/ha)

Spraying of 1,04 ml per m2.

Maximum concentration 480mg/l

2
Every m sprayed receives 0,499 ml of active ingredient.

Concentration below critical values and way far from LD-50 and LC-50

Temperature:

Prevailing temperature at the moment of spraying may significantly affect
spraying quality according to SYNGENTA*.

See chart on next page

[Seal] Ministry of the Interior and Justice [Seal] National Narcotics
Republic Of Colombia Directorate

DROPLET SIZE TEMP. 20-22 °C TEMP. 30 °C

R.H X 80% R.H X 50%
50 µ 15 sec 3.5 sec
100µ 50 sec 14 sec
200µ 200 sec 56 sec

300µ 300 sec 84 sec
* SYNGENTA Technical applications principles and basis (arosemana Km 2/5
Edificio Berlin) Guayaquil Ecuador.

Calculation Potential Area for Drift

32 D: Droplet diameter in micras
W: Droplet density (Kg/m3)
A: Air viscosity newton – second per square meter

1 Ns/m2= 10P (Poise) = 181 uP at 20 °C

Concentrations used for coca crops spraying:

Mixture of Glyphosate, water, and adjuvant 23,65 lt/ha (10,4 lt of
Glyphosate/ha)

2
Spraying of 1,04 ml per m .

Maximum concentration 480mg/l

Every m 2sprayed receives 0,499 ml of active ingredient.

Concentration below critical values and way far from LD-50 and LC-50

Temperature:

Prevailing temperature at the moment of spraying may significantly affect
spraying quality according to SYNGENTA*.

See chart on next page

[Seal] Ministry of the Interior and Justice [Seal] National Narcotics
Republic Of Colombia Directorate

DROPLET SIZE TEMP. 20-22 °C TEMP. 30 °C
R.H X 80% R.H X 50%
50 µ 15 sec 3.5 sec
100µ 50 sec 14 sec

200µ 200 sec 56 sec
300µ 300 sec 84 sec
* SYNGENTA Technical applications principles and basis (arosemana Km 2/5
Edificio Berlin) Guayaquil Ecuador.

Calculation Potential Area for DriftAnnex 13

Health Institute contact the Ecuadoran counterpart and start a systematic process
of information exchange.

5. On the other hand, analyses made in Colombia on possible effects on human
health associated with herbicides are already known to you. They show no
effects. For information purpose, I am enclosing the document El espejismo de
esas hojas [The mirage of those leaves] by UNICEF. It shows that effects on
health and the environment are caused by the indiscriminate use of chemicals
and agrochemicals when illicit crop growers and drug producers plant and

process drugs.

6. Finally, we attach the following documents:

• Toxicity Study on Laboratory Animals (Poppy). Inmunopharmos Ltda.
2002

• Technical Data Sheet for Cosmoflux 411F adjuvant used in the PECIG.
It has chemical and toxicological aspects and general characteristics of
that product
• EPA Guidelines (United States Environmental Protection Agency)

Sincerely,

[Signed]
LUIS ALFONSO PLAZAS VEGA
Director

Attachment: the aforementioned

MEHF/lfb

34 Annex 14

DIPLOMATIC N OTE VRE/DAA/CAL N°18067 FROM THE COLOMBIAN VICE-
M INISTER OFFOREIGN AFFAIRS TO THEE CUADORIAN V IC-M INISTER OFFOREIGN

AFFAIRS,14 APRIL2004

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA

MINISTRY OF FOREIGN AFFAIRS

VRE/DAA/CAL No. 18067

Bogotá D.C., 14 April 2004

Mister Vice-Minister:

I refer to your note No. 22082 GVM-2004, dated 12 April, which expresses the
Ecuadorian concern regarding the spraying operations that are being carried out again in

the borderline area and requests the immediate suspension of such activities.

In this respect, I reassert the contents of notes VRE No. 32759 of 18 September 2003,
DM/DBR No. 8092 of 23 February 2004 and DPM/COR 21125 on 7 April 2004,

through which the Government of Colombia informed the Honorable Government of
Ecuador about the national importance of the fight against the global problem of drugs
and all offenses related with this activity, as well as the national policy for eradication
of illicit crops, emphasizing that the Anti-Narcotic Police of Colombia was not carrying
out spraying activities at that moment due to the planned schedule for the year, and that

in case of aerial recognition of new illicit crops, the spraying program would continue.

With regards to the results of the official meetings held between the Scientific and
Technical Commissions oft the two countries, I must state that the Colombian
Government was surprised about the allegations contained in the notification since the
Colombian Government has never accepted to subject its national policy for the

eradication of illicit crops, including aerial operations, to the results of the
aforementioned Scientific and Technical Commissions, and has never manifested or
acquired any obligation with respect to their suspension. The Government could never

35Annex 14

be contradictory in relation to an issue that is vital to the fight against illicit drugs and
all crimes related with this activity.

His Excellency
Ambassador EDWIN JOHNSON LÓPEZ

Vice-Minister of Foreign Affairs
Ministry of Foreign Affairs of Ecuador
Quito

Taking into account all given information, I would like, Mister Vice-minister, to
express the desire of the Colombian Government to arrange an additional meeting of the
Scientific and Technical Commission to comply with the commitment agreed by the
Presidents Uribe and Gutíerrez, last March. We are looking forward to hearing from the
Ecuadorian Government about the acceptance of the date proposed by Colombia and the

members of the Ecuadorian delegation.

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

[Signed]

CAMILO REYES RODRÍGUEZ
Vice-ministry of Foreign Affairs

36be contradictory in relation to an issue that is vital to the fight against illicit drugs and
all crimes related with this activity.

His Excellency
Ambassador EDWIN JOHNSON LÓPEZ
Vice-Minister of Foreign Affairs

Ministry of Foreign Affairs of Ecuador
Quito

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

[Signed]
CAMILO REYES RODRÍGUEZ
Vice-ministry of Foreign Affairs38 Annex 15

D IPLOMATIC NOTE VR/ST/CVICEN°27776 FROM THE C OLOMBIAN V ICE-
M INISTER OFFOREIGN A FFAIRS TO THEECUADORIAN A MBASSADOR IN BOGOTÁ ,9
JUNE 2004

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

VR/ST/CVICE No. 27776

Bogotá, D.C., 9 June 2004

Mister Ambassador:

I have the honor to write to Your Excellency in order to refer to the field visit carried
out by the Colombo-Ecuadorian Scientific and Technical Commission to the borderline
between the Province of Putumayo and the Province of Sucumbíos, from 26 to 27 May

2004, complying wit the commitment made in the Joint Declaration signed during the
official visit of Mister President Lucio Gutiérrez Borbúa, on 17 March.

This Office would like to stress that we understand this matter is of high interest for the
Ecuadorian Foreign Affairs Office; nevertheless, the results of the aforementioned visit

do not reflect this position.

Firstly, several joint visits were scheduled with the purpose of inspecting and assessing
the potential areas for aerial spraying, through an inter-institutional effort that implied

high transportation costs, and for which the Colombian Government appointed a team
of eight officers of the highest technical and scientific level from various entities,
including toxicologists, doctors, agronomists, researchers, epidemiologists and
environmental interventors, among other professionaOn the other side, the
Ecuadorian team was composed of high level officers, but did not have representatives

from the Ministries of Health or Agriculture, essential to verify the allegedly effects
claimed by the community.

His Excellency

Mister Ambassador of Ecuador
City

39Annex 15

Also, although the visits were scheduled with proper anticipation, included three field
trips in Ecuadorian territory, only one was effectively carried out. What concerns us
even more is that five visits in Colombian territory were scheduled for the second
journey, but the Ecuadorian delegation did not attend the meeting. Therefore, only one
visit of the eight that were scheduled, took place.

I hope you understand that coordinating the logistic and security details required to
carry out the visits in our country implied a great effort and a significant costs for us,
which were all in vain due to the absence of the Ecuadorian delegation the scheduled
journeys.

For all the previous reasons, I respectfully reassert the interest of the Colombian
Government in supporting these kind of processes, implemented to answer the concerns

of the community regarding the actions executed by our countries appealing to their
right of sovereignty, but it also generates discontent to continue with these activities
given that scheduled commitments are not being complied with.

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

[Signed]
CAMILO REYES RODRÍGUEZ
Vice-minister of Foreign Affairs

40 Annex 16

DIPLOMATIC N OTE VRE/DAA/CAL N°28511 FROM THE COLOMBIAN VICE-
M INISTER OF OREIGN TO THEE CUADORIAN V IC-M INISTER OFFOREIGN AFFAIRS,
17 UNE 2004

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

VRE/DAA/CAL No. 28511

Bogotá, D.C., 17 June 2004

I respectfully refer to the Colombo-Ecuadorian Technical and Scientific Commission III
Meeting on Aerial Spraying on the Borderline, held out on 26 and 27 May 2004, in

compliance with the directive given by the Presidents of both countries, on 17 March in
Bogotá.

I received the report written by the Colombian Delegation, and I would like to bring to
your attention the following points:

1. With regard to the purpose of the meeting, which was to verify the alleged
effects caused by aerial spraying with glyphosate on human health and the

environment on Ecuadorian territory, Colombia considers that it would have
been relevant that the Ecuadorian delegation cluded technicians from the
Ministry of Health and the Ministry of Agriculture of the country, in order to
resolve the speculations and political debate in relation to aerial spraying
activities.

His Excellency
Mister Edwin Johnson López
Vice-ministry of Foreign Affairs
Quito

41Annex 16

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

2. We deeply regret this opportunity was not used to check the situation on
Colombian territory, where the aerial spraying is actually taking place, since the

members of the Ecuadorian Delegation did not show up at San Miguel
International Bridge, the meeting point defined to make the trip to the sites
located in the province of Putumayo. Colombian authorities had made all the
relevant security arrangements required for this inspection activity.

3. The observations made by the Colombian Delegation in this visit are limited to
Puerto Mestanza, the only place on Ecuadorian territory that was inspected,
since the visits scheduled to Chone1 and Puerto Nuevo were cancelled. Along

these lines, the members of the community that attended this informal meeting,
reported that the last aerial spraying activity whose 'drift effect' could have
affected the area was carried out on October, 2000. Also, they informed that
their skin problems, and gastrointestinal and respiratory diseases had been
occurring many years before, and complained about the lack of dirking water,
health services, and poor technical assistance for agricultural and livestock

activities

From this meeting with the community the Colombian Delegation could
conclude that the damages on crops reported by farmers in Mestanza are the
result of incorrect practices in agricultural and livestock activities and the lack of
technical assistance.

4. Skin problems suffered by some members of this community were diagnosed by
the doctors that attended the meeting as scabies and pyoderma, diseases that are
not directly related in any way to spraying or to the handling of any other kind
of agrochemical substances, and which are the result of the poor health and

sanitary conditions of this population and that have been occurring in the area
for a long time, as informed by its inhabitants.

Taking all this into account, and having in mind that a joint report was not made due to
the absence of the Ecuadorian Delegation in the last scheduled meeting, I kindly put to
your consideration that the conclusions submitted before the Honorable Presidents, in
compliance with the directive given in relation to the matter on 17 March are made
taking into account the report presented by the Colombian Delegation and including all

the points exposed in this document.

42 REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

2. We deeply regret this opportunity was not used to check the situation on
Colombian territory, where the aerial spraying is actually taking place, since the

activities

sanitary conditions of this population and that have been occurring in the area
for a long time, as informed by its inhabitants.

the points exposed in this document.44 Annex 17

JOINT DECLARATION OF THE PRESIDENTS OF C OLOMBIA AND ECUADOR ,
ESMERALDAS , ECUADOR , 15OCTOBER 2004

(Archives of the Ministry of Foreign Affairs of Colombia)

[…]

[Page 2]
DRUG TRAFFICKING

7. The Presidents of Ecuador and Colombia recognized that efforts made by both
Governments must be redoubled given the complexity of the drug problem. In this
sense, they gave instructions to control authorities from their corresponding countries to
evaluate the alternatives leading to fight the illicit drugs trafficking, smuggling of
chemical substances and precursors, gasoline smuggling, as well as kidnapping,

extortion, and the trafficking of illicit weapons, munitions, and explosives. Besides, the
two Presidents gave instruction for exchange of information on additional measures
adopted in each country for the elimination of smuggling, traffic, and deviation of
chemical substances and precursors.

8. Both Presidents decided to promote and support la adoption of instruments in the
framework of the Andean Community of Nations to fight the illicit drugs and chemical
precursors trafficking phenomena.

9. The Presidents of both countries expressed they were pleased with the presentations
by experts in the workshops that have taken place in that regard, and with the delivery

of studies conducted in Colombia on the possible effects of the sprayings with

10. All technical measures aiming at keeping sprayings from reaching Ecuadorian
territory were taken into consideration.

11. The President of Colombia informed the President of Ecuador about his decision to
request the CICAD – OAS to carry out a study on the possible effects on human health,
fauna and flora, and the environment associated with sprayings with glyphosate. On this
regard, he suggested that a meeting of the Scientific and Technical Commission is held
once the CICAD has presented the results of the said study.

[…]

4546 Annex 18

NOTE N°DSF 40.1/3.1.3-4-0042FROM THE EXECUTIVE SECRETARY OF THEINTER -
A MERICAN COMMISSION ON H UMAN RIGHTS TO THEC OLOMBIAN FOREIGN
M INISTER, 12EPTEMBER 2005

(Archives of the Ministry of Foreign Affairs of Colombia)

DSF 40.1/ 3.1.3-4-00421
INTER – AMERICAN COMISSION ON HUMAN RIGHTS
COMISION INTERAMERICACA DE DERECHOS HUMANOS

COMISSAO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERNAMÉRICAINE DES DROITS DE L’HOMME

ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.C. 20006 U.S.A.

12 September 2005

REF: Transboundary Effects of Sprayings in Colombia
187-05 Colombia
Request of information

Madam Minister:

I have the honor to write to Your Excellency on behalf of the Inter-American
Commission on Human Rights (IACHR) in reference to the request for precautionary

measures received by the IACHR related to the transboundary effects of the sprayings
in Colombia.

The request for provisional measures, a copy of which is annexed to this letter,
indicates inter alia that as result of the sprayings carried out in Colombian territory

during recent years, transboundary harm has been caused on both people and
environment along borderline with the Ecuadorian provinces of Esmeraldas, Carchi and
Sucumbios. It is alleged that as a result, sprayings with glyphosate, POEA, Cosmoflux
and fusarium oxiporum [sic, oxysporum] chemicals said to make up Roundup Ultra

might have entered Ecuadorian territory, and would have caused bodily harm to the
inhabitants of the area and environmental damage such as pollution of the land, water
from rivers, and death of crops and animals.

47Annex 18

Among other data, the studies annexed to the request indicate that the glyphosate
herbicide would be used in a higher concentration (26%) than recommended by the
manufacturing company (1%) and by the U.S. Environmental Protection Agency and

that the effect of the mixture used (Glyphosate - POEA- Cosmoflux 411 F) on the
animals would not have been studied in depth, in spite of which it would be sprayed
directly on people by aerial spraying from 15 to 60 meters of height.

Her Excellency
Madam Carolina Barco

Minister of Foreign Affairs of Colombia
Bogota D.C.
Republic of Colombia

The studies annexed also indicate that, as a result, people exposed to the
abovementioned chemicals showed varied symptoms in the skin, eye irritation,
headaches and diseases, and that 100% of the people analyzed at the border who were in

contact with the sprayings showed signs of intoxication and injuries in the 36% of their
body cells. It also indicated that the genetic damage caused to these people would be in
a 800% higher than the control group studied simultaneously in the city of Quito, and
500% higher than populations with similar characteristics of the Amazonian region,
who live 80km away from the area of study.

Without prejudging a possible opening of proceedings on precautionary
measures in favor of the affected people on both sides of the border area, I wish to ask
Your Excellency to send to this Secretariat, in a period of 20 days from receipt of this
note, the information you deem appropriate on the situation to be referred to the
petitioner and in particular the concentration of glyphosate used and the effects of
chemicals combination used in sprayings on the health of people and the environment in

which they live, in light of the studies that the Government of Your Excellency has
carried out in field.

I avail myself of this opportunity to renew to Your Excellency the assurances of
my highest and distinguished consideration.

[Signed]
Santiago A. Canton
Executive Secretary

48 Annex 19

D IPLOMATIC NOTE N ºDDH.58003 FROM THE C OLOMBIAN FOREIGN M INISTRY TO
THE EXECUTIVE S ECRETARY OF THE INTER-AMERICAN COMMISSION ON H UMAN
R IGHTS, 18EPTEMBER 2005

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS
HUMAN RIGHTS AND INTERNATIONAL HUMANITARIAN LAW DIRECTION

DDH.58003

Washington D.C., 18 September 2005

Excellency,

I have the honor to write to you on behalf of the Colombian Government to respond to
your request on information about the transboundary effects of sprayings in Colombia

(187-05) covering the following issues:

I. Preliminary considerations
II. Legislation and International Instruments, regarding the Fight against the
World Drugs Problem and related crimes,

III. Colombian Institutional framework in the fight against the World Illicit
Drugs Problem,
IV. Program for the Eradication of Illicit Crops through Aerial Spraying with
Glyphosate Herbicide –PECIG,

V. Studies and Technical Reports
VI. Analysis of arguments presented in the Ecuadorian request
VII. Conclusions

I. Preliminary Considerations

Although the present document is the response to an information request that the
Honorable Commission sent to Colombia based on a petition for precautionary
measures, and that as such, it does not constitute a prejudgment on whether the

measures are issued, the Colombian Government deems it important to briefly highlight
the reasons why, in its opinion, the petition in this case lacks foundation.

49Annex 19

In fact, an exceptional protection mechanism as the precautionary measures must be
kept within the strictest parametres to preserve its effectiveness, that is, they must be
issued and maintained in cases of serious and urgent situations to prevent irreparable

harm to persons, as Article 25 of the Rules of the Commission stipulates.

Regarding the serious and urgent situation the State does not consider that this element
is evident taking into account the arguments presented throughout this document and
the fact that spraying has been taking place since 2000.

In reference to the purpose of the measures, which is to avoid irreparable harm to
persons, according to the enclosed studies, harm on human health is not caused.

His Excellency
SANTIAGO CANTON
Secretary
Inter-American Commission on Human Rights

Washington, D.C.
[…]

[Part IV]

IV. Program for the Eradication of Illicit Crops through Aerial Spraying with

Glyphosate Herbicide –PECIG

The PECIG is the plan adopted by Colombia with the objective of eradicating illicit
crops on the national territory and mitigating the serious environmental impacts caused
by these crops and their subsequent processing into drugs such as cocaine and heroin.
The PECIG is carried out in three integrated phases: detection, spraying, and

verification.
The detection phase has the purpose of identifying and characterizing the areas affected
by illicit crops and determining special management or exclusion zones based on
satellite images.

The spraying phase is the execution of the planned eradication operations.

The verification phase is carried out by evaluating compliance with the established
technical parametres for the eradication activities. This phase is concluded with the
submission of reports on the results of the operation that are later subject to an auditing
process.
Legislative Framework:

50 Annex 19

The Program for the Eradication of Illicit Crops through Aerial Spraying with
Glyphosate Herbicide (PECIG) is ruled by the following national administrative acts:

Decree 1843 of 1991 by the Health Ministry, today Ministry of Social Protection, which
rules the use of pesticides in the national territory.

Resolution 0013 of 27 June 2003 by the National Narcotics Council, which adopted a
new procedure for the Program for the Eradication of Illicit Crops.

Resolution 031 of 26 September 2003 by the National Narcotics Council, which
specifies the Audit mechanism for the PECIG.

Resolution 1054 of 2003, by the Ministry of the Environment, Housing, and Territorial
Development, which amends the Environmental Management Plan (EMP) of the
PECIG.

The Environmental Management Plan

The legal framework is given by Resolution 1054 of 2003 by the Ministry of the
Environment, Housing, and Territorial Development, which amends the Environmental
Management Plan (EMP) of the PECIG and establishes that all and each of the activities
integrating the program and its components must comply with, pursuant to

environmental legislation in force in accordance with the National Constitution, the
obligation to protect the diversity and integrity of the environment, preserve the areas of
ecological interest, and promote education to fulfill such goals.

In consequence, the PECIG is carried out in accordance with the Environmental
Management Plan and with strict observance of environmental and human health care

legislation in force.

The Environmental Management plan establishes the actions that must be implemented
by the agencies in charge of executing the program to make a strict follow-up and
control on the aerial spraying processes. Verification of compliance with the Plan is
done by the Ministry of the Environment, Housing, and Territorial Development, by

means of follow-up visits to different areas where spraying operations are taking place.
The Environmental Management Plan is made up of three specific programs:

a. Spraying Operations Management

51Annex 19

The objective of spraying operations management is to comply with the technical and
environmental procedures and parametres for aerial spraying leading to an effective
eradication of illicit crops located on the national territory. To do so, illicit crops areas,

exclusion zones (zones that cannot be sprayed in compliance with Article 87 of Decree
1843), as well the warning zones are identified, characterized and mapped.
Additionally, effectiveness of the application of the mix used (Glyphosate, Cosmoflux,
and water) on coca leaves crops is tested.

b. Detection,

• Satellite Detection System: In the detection process, coca crops plots are
georeferenced by the interpretation of satellite images.

• Prior Aerial Reconnaissance System: With aerial reconnaissance prior to
spraying activities, the interpretation of satellite images is confirmed with the

purpose of having total certainty about the location of the illicit crops area.

c. Spraying

Once the detection process is done, both with the satellite system and with aerial
reconnaissance, the pilots reach with accuracy each of the plots to be sprayed. This

procedure implies a strict record and control of coordinates of sprayed areas, which
allows to carry out the verification and monitoring procedures.

towards the targeted eradication vegetation, that is to say, the illicit crops, therefore
minimizing any possible effect due to drift.

In spraying operations, the flight altitude is determined in reference to the highest
vegetation cover found in the target coca plots. It is not above 25 metres. Additionally,
spraying operations are subject to operational parametres. It ensures a maximum drift

(displacement of the mix due to wind action outside the target area) of 12 metres.

Verification

The Eradication Program by means of aerial spraying with glyphosate is subject to
verification during this operational phase with the purpose of evaluating the efficiency
and effectiveness of the foreseen environmental management measures.

52The objective of spraying operations management is to comply with the technical and
environmental procedures and parametres for aerial spraying leading to an effective
eradication of illicit crops located on the national territory. To do so, illicit crops areas,
exclusion zones (zones that cannot be sprayed in compliance with Article 87 of Decree

1843), as well the warning zones are identified, characterized and mapped.
Additionally, effectiveness of the application of the mix used (Glyphosate, Cosmoflux,
and water) on coca leaves crops is tested.

b. Detection,

• Satellite Detection System: In the detection process, coca crops plots are

georeferenced by the interpretation of satellite images.

• Prior Aerial Reconnaissance System: With aerial reconnaissance prior to
spraying activities, the interpretation of satellite images is confirmed with the
purpose of having total certainty about the location of the illicit crops area.

c. Spraying

Once the detection process is done, both with the satellite system and with aerial
reconnaissance, the pilots reach with accuracy each of the plots to be sprayed. This
procedure implies a strict record and control of coordinates of sprayed areas, which
allows to carry out the verification and monitoring procedures.

Spraying must comply with a series of technical parametres (flight altitude, maximum
herbicide release, droplet size, foreseen drift, temperature, relative humidity, and
maximum wind speed) that guarantee that the mixture used is targeted exclusively
towards the targeted eradication vegetation, that is to say, the illicit crops, therefore
minimizing any possible effect due to drift.

In spraying operations, the flight altitude is determined in reference to the highest

vegetation cover found in the target coca plots. It is not above 25 metres. Additionally,
spraying operations are subject to operational parametres. It ensures a maximum drift
(displacement of the mix due to wind action outside the target area) of 12 metres.

Verification

The Eradication Program by means of aerial spraying with glyphosate is subject to
verification during this operational phase with the purpose of evaluating the efficiency

and effectiveness of the foreseen environmental management measures.Annex 19

This program is carried out by the National Health Institute with the purpose of
implementing management measures for an adequate monitoring on human health in
the spraying process.

According to the Monitoring System on Human Health, with the data obtained and
analyzed, together with the local and regional data on morbidity available and the
toxicological and scientific information existing about glyphosate, researchers have not
established a co-relation aerial sprayings with glyphosate and the diseases or other
health problems, which shows that there are many other factors that cause the health

problems of people who live near the areas where spraying operations took place.

Complaints

The PECIG has a system to receive and process complaints thanks to which all
complaints related with possible damage on lawful crops caused by spraying or its
effects on human health are thoroughly investigated. These reports are canalized

through different entities of the Colombian Government including the Antinarcotics
Direction of the National Police (DIRAN), the National Narcotics Directorate (DNE),
The National, The Public Ministry, the Ombudsman´s Office, the Ministry of the
Environment, Housing and Territorial Development, the National Police or the office of
the Environmental Auditor. The complaints are initially analyzed to determine if the
records of the SATLOC system (Satellite Information Recording System) show that

aerial spraying actually took place in that area and on the day stated. This first review
usually dismisses 50% of complaints. The other complaints are investigated by means
of field visits to determine if the damage on the lawful crops was really caused by
glyphosate and if the said crops had been mingled with coca leaf crops. In almost all
cases, lawful crops had been planted next to coca leaf crops.

Not a single complaint for effects on human health associated with the spraying
program has been confirmed.

Mixture used in the Program

The composition of the mixture used in the Spraying Program is in accordance with the

international standards established for the use and handling of this type of substances.
Regarding this topic, it is important to highlight that the mixture used in the spraying
operations does not contain biological agents such as Fusarium Oxysporum (vegetal
fungus).

54 Annex 19

The mixture used to carry out eradication of illicit crops by means of aerial spraying
consists of Glyphosate, Cosmoflux, and water.

Glyphosate: It is one of the most commonly used herbicide since the 70’s. There is an
undetermined number of international studies and scientific reports on its use and
possible effects. They have determined that given its chemical and physical
characteristics, it is classified as a low toxicity herbicide and environmentally safe.

Chemically, glyphosate is a substance that corresponds to phosphomethyl glycine, of

which there are many commercial formulations such as Roundup, Faena, and Rocky,
among others. All of them are registered for use and distribution according to rules
contained in the Andean Community Decision 436. With regard to Roundup Ultra it is
important to notice that it is not used in the mixture used in the PECIG for spraying
operations.

Uses of Glyphosate

With respect to uses of the herbicide, the Colombian Agriculture and Livestock Institute
(ICA) states that. “Glyphosate is used in Colombia for weed control in rice, cotton, soy,
plantain, and banana, among other crops. In sugarcane crops, it is used as for ripening
to increase the contents of sucrose. Application of this herbicide is aerial and/or
terrestrial. In soy crops, it is used for weed control and it is applied immediately after

planting.”

Glyphosate herbicide is used in over 100 countries in agro-industrial activities. It is
even used for weed control in national parks and ecosystems as fragile as that of
Galapagos Islands, according to the “Manual of the Identification and Management of
Weeds on the Galapagos Islands”

(www.darwinfoundation.org/.../guia_id_manejo_malezas.pdf).

This manual, written by the Charles Darwin Foundation and financed by UNESCO,
classifies Roundup as one of the environmentally safe herbicides. The manual states
that “[T]he following recommended herbicides are not residual, that is to say, they do
not remain in the environment very long; if due measures are taken, they do not pose

danger neither to human health nor to animals.” Then, it describes each of the
herbicides that it recommends and as for glyphosate it states: “Roundup. Ranger. The
active ingredient is Glyphosate salt. It is one of the chemicals that at low concentrations
are effective for pastures, bushes, and certain species of threes contro
l. It is not residual
since its average active action in the environment is 48 hours.”

55Annex 19

Cosmoflux

It is an adjuvant, applied in a 1% ratio, whose purpose is to make the drop heavier,

reducing the “drift effect” and facilitating the herbicide adherence on the plant leaf.

POEA (Polyoxyoethyl amine alkilamine)

It corresponds to a compound that is used as surfactant in many commercial
formulations of glyphosate.

Dose and concentration of the mixture used in the PECIG

The mixture used in the PECIG is made up of 10, 4 litres of commercial formulation
(480 grams of isopropyl amine salt of glyphosate), 230 cm3 of Cosmoflux and 13 litres
of water. The fusarium oxysporum fungus is not used because it has not been approved
in Colombia and because it is physically impossible to mix it with chemical agents.

The dosage used is 10,4 litres of commercial formulation per hectare, with a
concentration of 480 grams of isopropyl amine salt (glyphosate), which equals 4.992
grams of isopropyl amine salt of glyphosate per hectare, out of which, 3.744 grams
correspond to glyphosate as acid.

It is not true that the PECIG uses a glyphosate dose 26 times higher than the one
recommended by the manufacturer. Every year, the Department of State of the United
States of America certifies before the Congress of that country that the PECIG uses a
glyphosate dose that is within the manufacturer’s recommendations for similar use in
the United States. This certification is issued after consulting the Environmental
Protection Agency of the United States (EPA), which in 2003 and 2004 determined that:

“application rates for both coca and poppy eradication in Colombia are within the
parametres listed on labels of glyphosate products in the United States.”

Glyphosate rates in illicit and lawful crops

Traditionally, glyphosate is used in commercial agriculture, according to the

information printed on the label, residues of the product do not persist in soil because
they become inactive and upon being in contact with it. Thus, planting activities may be
carried out 24 to 36 hours after the application of the product on the field. Glyphosate
does not have effects on weed control in seeds; it can be applied on crops avoiding
contact with the green parts of the plant to clear weed plots that compete with the
commercial crop.

56Cosmoflux

It is an adjuvant, applied in a 1% ratio, whose purpose is to make the drop heavier,
reducing the “drift effect” and facilitating the herbicide adherence on the plant leaf.

POEA (Polyoxyoethyl amine alkilamine)

It corresponds to a compound that is used as surfactant in many commercial
formulations of glyphosate.

Dose and concentration of the mixture used in the PECIG

The dosage used is 10,4 litres of commercial formulation per hectare, with a

concentration of 480 grams of isopropyl amine salt (glyphosate), which equals 4.992
grams of isopropyl amine salt of glyphosate per hectare, out of which, 3.744 grams
correspond to glyphosate as acid.

glyphosate dose that is within the manufacturer’s recommendations for similar use in
the United States. This certification is issued after consulting the Environmental
Protection Agency of the United States (EPA), which in 2003 and 2004 determined that:
“application rates for both coca and poppy eradication in Colombia are within the
parametres listed on labels of glyphosate products in the United States.”

Glyphosate rates in illicit and lawful crops:

Traditionally, glyphosate is used in commercial agriculture, according to the
information printed on the label, residues of the product do not persist in soil because
they become inactive and upon being in contact with it. Thus, planting activities may be
carried out 24 to 36 hours after the application of the product on the field. Glyphosate
does not have effects on weed control in seeds; it can be applied on crops avoiding
contact with the green parts of the plant to clear weed plots that compete with the
commercial crop.Annex 19

Ingredient Concentration (%
of total volume)

Glyphosate active ingredient as isopropyl amine salt of 17.99
N(Phosphomethyl) glycine (480 g/L).
Cosmoflux 411F Adjuvant 1
Other surfactants in the commercial formulation 5.86
Antifoaming in the commercial formulation 0.88

Water 74.27
Concentration of ingredients used by the National Police % total volume used in the
eradication of coca crops.

With the objective of increasing absorption speed and reducing loss for drift and wash
away, the Antinarcotics Police adds an adjuvant to the mixture. Its brand name is

Cosmoflux 411F in a 1% ratio of the total volume, to offer the following advantages:

• Reduction of superficial tension
• Increase of emulsion effect, humectation and adherence of the mixture to the
leaf.

• Achieving uniformity in the mixture
• Adding weight to the droplet
• Reducing foam in the mixture
• Keeping the chemical composition of the commercial formulation

Its properties guarantee high effectiveness in the application of herbicide, making it
unnecessary to apply supplementary quantities to compensate loss of effectiveness
caused by the use of hard water (water with high concentration of calcium, magnesium,
and other harmful salts for human health).

[…]

58 Annex 20

NOTE N°DSF 40.1/3.1.3-4-0042FROM THE EXECUTIVE SECRETARY OF THEINTER -
A MERICAN COMMISSION ON H UMAN RIGHTS TO THEC OLOMBIAN FOREIGN
MINISTER, 18 OVEMBER 2005

(Archives of the Ministry of Foreign Affairs of Colombia)

DSF 40.1/ 3.1.3-4-00423

INTER – AMERICAN COMISSION ON HUMAN RIGHTS

COMISION INTERAMERICACA DE DERECHOS HUMANOS
COMISSAO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERNAMÉRICAINE DES DROITS DE L’HOMME

ORGANIZATION OF AMERICAN STATES
WASHINGTON, D.D. 2 0 0 0 6 U.S.A.

18 November 2005

REF: Transboundary Effects of the Sprayings in Colombia
187-05
Colombia

Madam Minister:

I have the honor to write to Your Excellency on behalf of the Inter-American
Commission on Human Rights (IACHR) in order to acknowledge receipt of your note

dated 18 September 2005 and received on 24 October 2005 about the request of
information related to the transboundary effects of the sprayings in Colombia.

In this opportunity I wish to inform you that the IACHR considered in its 123rd
regular session period, the request of precautionary measures and the response of the

Republic of Colombia to the request for information. In that regard, after considering
all the available information on this issue that has been matters of concern for the
IACHR due to its characteristics, it was decided that for the moment there was no basis
for invoking the mechanism of provisional measures provided for in Article 25 of its

Rules.

I avail myself of this opportunity to renew to Your Excellency the assurances of
my highest and distinguished consideration.

59Annex 20

[Signed]
Santiago A Canton

Executive Secretary

Her Excellency
Madam Carolina Barco
Minister of Foreign Affairs
Bogotá D.C.

Republic of Colombia

60 Annex 21

UNITEDN ATIONS, ERMS OFREFERENCE OF THE“SCOPINGM ISSION FOR A

DETAILED ASSESSMENTSTUDY ON THEPOTENTIALIMPACT TO HUMAN H EALTH,THE
E NVIRONMENT ANDA GRICULTURE THATOCCURS INECUADOR S TERRITORY AS A
RESULT OFGLYPHOSATE FUMIGATIONSD ONE BY THG OVERNMENT OF COLOMBIA

IN THEBORDER AREA WITHE CUADOR”, ANUARY 2006. (NCLOSURE TONOTE NºE-
104/032FROM THEC OLOMBIAN AMBASSADOR INQ UITO TO THCOLOMBIAN
FOREIGN MINISTER, 27ANUARY 2006)

(Archives of the Ministry of Foreign Affairs of Colombia)

EMBASSY OF COLOMBIA
Quito – Ecuador
No. E – 104/032

Quito, January 27 2006

Madam

MINISTER OF FOREIGN AFFAIRS
(America Direction)
Bogotá D.C.

Madam Minister;

With kind greetings, I am sending a copy of the letter FAOR-057 CA7/1 dated 20
January 2001 that was delivered to me by Mr. Ivan Angulo Chacon, Representative of

FAO in Ecuador. In said letter written by Ms. Maria Jose de O. Zimmerman,
Representative of FAO in Colombia, as you can see reference is made to the study on
the “real impact caused by applications of glyphosate herbicide”, in which the

participation of this International Organization is stated.
Likewise, I am submitting the “Terms of Reference” of the mission that is visiting
Quito to make an exploratory analysis the aforementioned study.

Truthfully yours,

[Signed]
CARLOS JOSE HOLGUIN

Embassy of Colombia

Enclosure: The announced

61Annex 21

62 Annex 22

M INUTES OFM EETING OF THEBI-NATIONAL TECHNICAL C OMMISSION ON H EALTH,
A TACAMES , ESMERALDAS , 2-3 ARCH 2006

(Archives of the Ministry of Foreign Affairs of Colombia)

[Page 1]

VICINITY AND INTEGRATION COMMISSION
BI-NATIONAL HEALTH TECHNICAL COMMISSION,
Atacames – Esmeraldas, 2 AND 3 MARCH 2006

MINUTES

The meeting of the Bi-national Health Technical Commission between Colombia and

Ecuador was held on 2 March 2006 at 09:30 hours in the Club del Sol Hotel, in
Atacames.

[…]

In his turn, Ambassador Claudio Cevallos, General Director, Border Relations between
Ecuador and Colombia of the Ecuadorian Ministry of Foreign Affairs, pointed out the
most relevant aspects of the joint communiqué dated 7 December 2005, issued by the
two Ministers of Foreign Affairs such as the strengthening of health services in the
border, implementation of surveillance and vaccination programs; he also emphasized

Colombia’s experience in pesticide management. He ended his speech by saying that
he hoped that all objectives of the meeting are achieved and that the results can be
recommended in the Vicinity Commission meeting to be held soon in the city of Quito.

[…]

[Page 3]

[…]

Next, Doctor Eulalia Narvaez from the Epidemiology Office of Ecuador presents the
ASIS methodology for health diagnose. She points out that the said methodology is the
result from the work that teams from the Ministries of Public Health and Social

Protection of Ecuador and Colombia and the PAHO-WHO, whose general objective is

63Annex 22

the health-disease analysis in relation with the conditioning factors and the response
given health problems in the border.

[…]

[Page 4]

[…]

Doctor Elizabeth Trujillo, Acting Director of the Nariño Province Health Institute,
made a joint presentation of the Andean and Pacific corridors, showed the indicators in
both corridors, without the ASIS methodology and presented the advances of joint
actions taken as well as the commitments agreed on in the Ipiales and Pasto bi-national

meetings.

[…]

64 Annex 23

HEALTH AND E NVIRONMENT INTEGRATING B ORDERS,PROPOSAL FOR TECHNICAL
COOPERATION BETWEEN COUNTRIES C OLOMBIA -ECUADOR : EPIDEMIOLOGICAL
SURVEILLANCE , ESTICIDES,AND W ATER Q UALITY, 2007

(Archives of the Ministry of Foreign Affairs of Colombia)

HEALTH AND ENVIRONMENT INTEGRATING BORDERS
PROPOSAL FOR
TECHNICAL COOPERATION BETWEEN COUNTRIES

COLOMBIA-ECUADOR

1. INTRODUCTION

The purpose of the Technical Cooperation Project between countries, “Epidemiological
surveillance, pesticides and water quality in the borderline”, with the participation of the
Ministry of Social Protection and the National Health Institute of the Republic of
Colombia, and the Ministry of Public Health of the Republic of Ecuador, to enhance the
development of health infrastructure in the borderline, sharing the capabilities and

potentialities of both countries. Representatives from the Pan American Health
Organization/World Health Organization (PAHO/WHO) in both countries are
accompanying this project through the Technical Cooperation strategy, as an instrument
of solidarity, horizontal cooperation and strengthening of the institutional capabilities of
both countries, in order to cover the health needs in the shared borderline.

1. REPORT OF ACTIVITIES

The following are the activities carried out within the result No. 1 'Strengthening of

local surveillance and control of occupational and environmental risks associated to the
use of pesticides’.

ACTIVITY

1. Implementation of the Surveillance in Public Health System for intoxications due to
pesticides in Ecuador based on the experience in Colombia

TASK

1.1 National workshop to discuss the Epidemiological Surveillance protocol developed
by both countries, and instrument analysis.

65Annex 23

ACCOMPLISHMENT

The workshop was carried out in Lago Agrio, Province of Sucumbíos, from 27 to 30
November 2006.

Topics:

• Contextualization of the system for epidemiological surveillance of intoxications
due to pesticides.
• Protocol for the Surveillance in Public Health of intoxications due to pesticides.

• Notification format for intoxications with chemical substances.
• Guide document for the analysis of current health situation (ASIS), experience
with Colombia and Venezuela
• Epidemiological surveillance committee for Andean, Amazonian, and Pacific
regions

• Alternative technologies for water and basic sanitation, and conceptualization of
the healthy environments strategy.
• Aquatox pilot plan.
• Training material for clinical handling, diagnosis, treatment, and surveillance of
intoxications due to pesticides.
• Laboratory techniques, biological markers and laboratory tools for the diagnosis

of intoxications due to pesticides.
• Strategies to teach the adequate use and handling of pesticides in communities.

Documents submitted by Colombia:

• Protocol for the Surveillance in Public Health of intoxications due to pesticides.

• Notification format for chemical substances.
• Training manual for technicians.
• Health training manual for the visitor.
• Health training manual for the facilitator.

ACTIVITY

2. Training for health teams in clinical handling, diagnosis, treatment, prevention, and
surveillance of intoxications due to pesticides, especially for those in the Colombo-
Ecuadorian borderline.

TASK

66ACCOMPLISHMENT

The workshop was carried out in Lago Agrio, Province of Sucumbíos, from 27 to 30
November 2006.

Topics:

• Contextualization of the system for epidemiological surveillance of intoxications
due to pesticides.
• Protocol for the Surveillance in Public Health of intoxications due to pesticides.

of intoxications due to pesticides.
• Strategies to teach the adequate use and handling of pesticides in communities.

Documents submitted by Colombia:

• Protocol for the Surveillance in Public Health of intoxications due to pesticides.

• Notification format for chemical substances.
• Training manual for technicians.
• Health training manual for the visitor.
• Health training manual for the facilitator.

ACTIVITY

2. Training for health teams in clinical handling, diagnosis, treatment, prevention, and
surveillance of intoxications due to pesticides, especially for those in the Colombo-
Ecuadorian borderline.

TASKAnnex 23

ACCOMPLISHMENT

Colombia has carried out training sessions in several departments during the first
semester of 2007. These community training sessions are being monitored.

The last meeting of the Technical Cooperation Project will take place from 16 to 20
July in Quito, and the following topics will be discussed:

• Compilation and discussion of research about pesticides carried out by both
countries.
• Formulation of a research or intervention project for the common issues related
to the exposure to pesticides in the borderline.
• Structuring of the Pesticides Binational Committee.

68 Annex 24

DIPLOMATIC NOTE DM/VRE/DPM/CDR/DDA/CALN°44664 FROM THE
C OLOMBIAN FOREIGN M INISTER TO THEECUADORIAN FOREIGN M INISTER, 5
SEPTEMBER 2006

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

DM/VRE/DPM/CDR/DDA/CAI No. 44664

Bogotá, D.C., 5 September 2006

Mister Minister:

I have the honor to write to Your Excellency in order to refer to the conversation we
had last 16 August in Quito. I would like to inform the Honorable Government of
Ecuador that, after consulting with the Executive Secretariat of the Inter-American Drug
Abuse Commission –CICAD/OAS-, we consider of great interest and importance the

participation of Ecuador, as an observer, in the execution of the second phase of the
Study on the Effects of the Program for the Eradication of Illicit Crops with Glyphosate
(PECIG) on Human Health and the Environment.

The aforementioned study will be carried out by a team composed by scientists and
experts from various countries in fields such as pathology, environment, toxicology,

tropical horticulture, medicine, and veterinary sciences, which will have the
responsibility of studying and analyzing the following aspects:

1. Impact on human health, analysis of the genetic and toxic risks;

2. Scope of the spray drift of Glyphosate and Cosmo-Flux®, when used with the
specifications of the Colombian eradication program and under real conditions;

To His Excellency
Mister FRANCISCO CARRIÓN MENA
MINISTRY OF FOREIGN AFFAIRS

Quito - Ecuador

69Annex 24

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

3. Proximity of surface waters to the areas with coca and poppy crops;

4. Identification of Glyphosate and adjuvants mixture which can minimize
potential toxicity:

5. Formulation of Glyphosate-Cosmo-Flux® and its toxicity on amphibians.

Taking all this into account, I respectfully request Your Excellency to accept the

invitation extended by the CICAD/OAS to the Honorable Government of Ecuador to
participate in the previously mentioned Study.

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

[Signed]

MARIA CONSUELO ARAUJO
Minister of Foreign Affairs

70 Annex 25

DIPLOMATIC NOTE N º39064/06-VM/SSNDF/DGRFC FROM THE E CUADORIAN
F OREIGN M INISTER TO THECICADE XECUTIVE SECRETARY , 20EPTEMBER 2006

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF ECUADOR
MINISTRY OF FOREIGN AFFAIRS

No. 39064/06-VM/SSNDF/DGRFC

Quito, 20 September 2006

Mr. James Mack
Executive Secretary
Inter American Commission on Drug Abuse Control
Organization of American States
Washington

Mister Executive Secretary:

I have the honor to refer to the information provided in your kind letter SMS/
CICAD-474-06, dated 23 August 2006, with which you informed that CICAD will start

a second phase of the study on the effects on health and the environment derived from
aerial spraying with glyphosate herbicide and its adjuvants, in the framework of the
Program for the Eradication of Illicit Crops. On that regard, as you know, the President
of the Republic of Ecuador, Dr. Alfredo Palacio, in his speech in the General Assembly
th
of the United Nations 66ession, in September 2005, asked the Secretary General of
the United Nations the making of a scientific study on the impact of these spraying
operations on the population and biodiversity in the Ecuadorian side of the border.

The request by the Ecuadorian President was accepted by the Secretary General

of the United Nations and to that effect, the UNO appointed a preliminary technical
mission that visited Ecuador in February. It wrote a report, a copy of which I am
sending for your knowledge. This report recommends carrying out 5 alternatives of
study in order to determine the impact of sprayings with glyphosate and its chemical

components on health, the environment, and productive processes.

71Annex 25

The content of said report was made known to the Government of Colombia, to
the effect of the commitment acquired by former Minster of Foreign Affairs, during the
Meeting of Ministers of Foreign Affairs of Ecuador and Colombia, which was included

in the Joint Declaration, a copy of which I am also enclosing for your illustration. In
said document, the Government of Colombia asked to take part in the process of
elaboration of the terms of reference for the aforementioned studies, which was
reiterated by the Foreign Minister Francisco Carrion to the current Minister of Foreign
Affairs of Colombia, Maria Consuelo Araujo, in the latest meeting of Ministers of
Foreign Affairs of Ecuador and Colombia held in Quito on 16 August 2006.

As you can see mister Executive Secretary, the Government of Ecuador, after
requesting to the United Nations the making of the aforementioned scientific study and
having the relevant report, is only awaiting for the Colombian Government statement to
continue with this process, with the assurance that it shall determine the real effects that
have been detected on the Ecuadorian side bordering with Colombia.

As for the rest, the Ecuadorian Government values the decision of the
Colombian Government in the sense of keeping aerial spraying suspended in a 10 km
strip within the border line with Ecuador. A formal acknowledgement has also been
expressed by the United Nations, which considers that it “has contributed to de
implementation of a “positive agenda” that both countries share and which includes the
Binational Plan for the Development of the Frontier Integration Zone to be signed by

the Governments of Ecuador and Colombia soon.”

I avail myself of this opportunity to express to you the assurance of my highest
consideration and appreciation.

[Signed]
Diego Ribadeneira Espinosa
Acting Minister of Foreign Affairs

72 Annex 26

D IPLOMATIC NOTE FROM THE COLOMBIAN F OREIGN M INISTRY TO THEECUADORIAN
EMBASSY IN B OGOTÁ , 20 ECEMBER 2006

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF FOREIGN AFFAIRS

The Ministry of Foreign Affairs of Colombia presents its compliments to the Honorable
Embassy of the Republic of Ecuador and has the honor to write in order to refer to the

Note No. 52025-GM/SSNDF/DGSN dated 14 December, addressed to the Embassy of
the Republic of Colombia in Quito, regarding the decision of the Colombian
Government to resume aerial spraying operations within ten kilometres from the
borderline shared by the two countries, and the study requested by the Honorable
Government of Ecuador to the United Nations Organization in relation to the effects of

these operations.

As expressed in the Press Release issued by the Ministries of Foreign Affairs and
National Defence on 12 December 2006, the Colombian Government decided to resume
aerial spraying tasks within ten kilometres from the borderline shared by the two

countries due to the significant increase of illicit crops in this area, which are used to
promote narcoterrorism activities, posing a great risk to people and democracy in
Colombia. In this connection, the Ministry of Foreign Affairs kindly reasserts to the
Honorable Government of Ecuador the invitation to understand this measure that the
Colombian Government was forced to take for obvious reasons of national security, and
in compliance with the obligations our country has in the fight against the World Drug

Problem, a scourge with devastating effects, not only in Colombia but in the entire
region.

The Ministry of Foreign Affairs respectfully ensures to the Honorable Government of
Ecuador that the Program for Eradication of Illicit Crops with Glyphosate – PECIG – is

executed under the strictest technical measures which guarantee the protection of the
environment and human health, also preventing the sprayed mixture to reach
Ecuadorian territory. The composition of the mixture used in the PECIG complies with
the international standards established for the use and handling of these substances and
it does not exceed the maximum doses in regular usage. In fact, the document

'Environmental health criteria No. 159, GLYPHOSATE, United Nations Environmental
Program (UNEP-WHO-ILO), Geneva WHO, 1994” allows doses of up to 13.4
kilograms of glyphosate per hectare in forestal use, a dose that significantly exceeds the
3.744 kilograms per hectare used in the PECIG..

73Annex 26

With regards to the study of the United Nations, point 20 of the Press Conference issued
by the two Ministries aforementioned on 7 December 2005, established that “Bearing in

mind that both Governments have not reached an agreement on the innocuousness of
the effects of the glyphosate herbicide and its adjuvant on health and the environment,
the Government of Colombia has duly noted the request made by the Ecuadorian
Government to the United Nations for a prospective study on this issue and has agreed
to participate in the definition of the terms of reference of the study. Colombia further
agreed to review the results of the study and evaluate the adoption of relevant

measures.”

The Ministry of Foreign Affairs avails itself of this opportunity to renew to the
Honorable Government of the Republic of Ecuador its intention to comply with the
commitments agreed on the Joint Press Release, in the sense of participating in the
definition of the terms of reference of the prospective study requested by the
Government of Ecuador to the United Nations, and analyzing its findings and

evaluating the possibility of taking relevant measures.

Nevertheless, the ‘Report of the United Nations Preliminary Technical Mission to
Propose Studies about the Impact of Aerial Spraying and Supplementary Actions in the
Northern Ecuadorian Border” does not acknowledge the request of the Honorable
Government of Ecuador to perform a prospective study of the matter and suggests,

instead, to carry out five studies, two of them prospective. Additionally, the Colombian
Government is concerned about the fact that institutions and organizations proposed to
participate in the table 6.3 of the Report do not include regional and multilateral
instances with the experience and knowledge of the CICAD/OAS and the UNODC.

In consequence, the Ministry of Foreign Affairs of Colombia proposes to hold a

meeting, as soon as possible, with the participation of the Governments of Colombia
and Ecuador, and the United Nations Organization, in order to discuss and resolve all
the concerns of the Colombian Government, allowing compliance with the
commitments agreed on the isuue in the Joint Press Conference issued on 7 December
2005. For this purpose, the Ministry considers relevant to include and review the
findings of the study carried out by the CICAD/OAS on the 'Effects of the Program for

the Eradication of Illicit Crops with Glyphosate (PECIG) on Human Health and the
Environment’, which is currently in its second phase of execution.

The Ministry of Foreign Affairs avails itself of this opportunity to renew to the
Honorable Embassy of the Republic of Ecuador the assurances of its highest and
distinguished consideration.

Bogotá, D.C., 20 December 2006

74 Annex 27

NOTE FROM THE PRESIDENT OF C OLOMBIA TO THE PRESIDENT OF ECUADOR ,21
DECEMBER 2006

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA

21 December 2006

Mr. President:

I have the honor to write to Your Excellency to refer to your note dated December 19,
regarding our phone conversation on December 5, which mentions the decision made
by the Colombian Government a year ago, to temporally suspend the aerial sprayings of
illicit crops within Colombian territory located near to Ecuadorian border.

With respect to that matter, and taking into account the alarming proliferation of illicit
crops as a result of that decision, as well as the unfortunate consequences that those
illicit crops have in the fight against the world drug problem and narco-terrorism, I was
compelled to resume the above-mentioned sprayings.

This decision was made, considering also the devastating effect that these crops have on
my country, their contribution to financing terrorism and the worst expressions of
delinquency, and at the same time, complying with all the technical requirements and
taking into consideration the studies carried out by the Inter-American Drug Abuse
Control Commission of the Organization of American States, CICAD/OAS, on the

effects on the environment and human health.

His Excellency
ALFREDO PALACIO GONZALES

President of Ecuador
Quito

Nevertheless, and in response to the difference in the views of the governments we have
the honor to represent, I renew to Your Excellency the willingness of my Government

to hold relevant meetings in order to resume the dialogue about this issue and look for
joint elements and solutions as soon as possible.

75Annex 27

I avail myself of this opportunity to renew to Your Excellency the assurances of my

highest and distinguished consideration.

[SIGNED]
ALVARO URIBE VELEZ

76 Annex 28

D IPLOMATIC NOTE DM/VREN°6454 FROM THE C OLOMBIAN FOREIGN M INISTER
TO THE ECUADORIAN F OREIGNM INISTER,9 EBRUARY 2007

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA

MINISTRY OF FOREIGN AFFAIRS

DM/VRE No. 6454

Bogotá, D.C., 9 December 2007

Your Excellency:

I have the honor to write to Your Excellency in order to refer to the Note verbale No.
5446/2007-GM submitted to our Embassy in Quito, which expresses the concerns of the

Honorable Government of Ecuador in relation to the spraying activities being carried
out in the province of Nariño. With regard to this matter, I respectfully bring to your
attention that these activities are part of the last stage of the program that began in
December 2006, and which was appropriately notified and discussed back then.

Additionally, I wish to inform that on this date the aforesaid spraying program was
concluded and next week, the manual eradication program, to which over 2,200 people

will be devoted, begins.

As expressed in the note VRE 6055 submitted yesterday, the Colombian Government
has the honor to propose to your Honorable Government the implementation, as of
Tuesday, 13 February, of the agreements negotiated by the Presidents of Colombia and
Ecuador in Managua on January 10th, that were also mentioned during the meeting we

held on 19 January, in Rio de Janeiro.

His Excellency
Madame MARÍA FERNANDA ESPINOSA
Minister of Foreign Affairs of the Republic of Ecuador

Quito

77Annex 28

REPUBLIC OF COLOMBIA

MINISTRY OF FOREIGN AFFAIRS

In this connection, I respectfully inform to Your Excellency that Mister Alberto Gómez
Mejía, Environmentalist and Lawyer from Universidad Javeriana de Colombia, and
with special studies in Socio-economic Sciences, has been appointed as Director of the

Colombian team for the structuring of the Commission proposed in the aforementioned
agreements.

This team will also have the participation of eight representatives from public and
private institutions.

If your Honorable Government agrees, we could hold a meeting next Tuesday, February
13 , in Quito or Bogotá, to start the negotiation process that will allow structuring the
Commission.

I avail myself of this opportunity to renew to Your Excellency the assurances of my
highest and distinguished consideration.

[Signed]
MARIA CONSUELO ARAUJO
Minister of Foreign Affairs

78 Annex 29

M INUTES OF THB ILATERALEVALUATION M EETING,“H EALTH AND THE

E NVIRONMENT INTEGRATING BORDERS: STRENGTHENING OFS URVEILLANCE IN
PUBLIC HEALTH , ESTICIDE,AND WATER Q UALITY”,PIALES,NARIÑO, 12
DECEMBER 2007

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA REPUBLIC OF ECUADOR

MINUTES OF THE
BILATERAL EVALUATION MEETING

HEALTH AND ENVIRONMENT INTEGRATING BORDERS:

“STRENGTHENING OF SURVEILLANCE IN PUBLIC HEALTH, PESTICIDES
AND WATER QUALITY”

Date: 12 December 12 2007

Place: Ipiales -- Nariño - Colombia

In the city of Ipiales, Province of Nariño, Colombia, on 11 and 12 December 2007,
representatives of the Foreign Office and the Ministry of Social Protection of the
Republic of Colombia and Ministry of Public Health of the Republic Ecuador,

Representatives of the Pan American Health Organization/World Health Organization
(PAHO/WHO) in both countries, Territorial Technical Teams of Nariño and Putumayo
Provinces of Colombia, the Provincial Directorates of Health of Sucumbíos, Carchi and
Emeralds of Ecuador and delegates of the Technical Teams premises of the
Municipalities in the border area, got together to develop the following:

Objectives:

1. Verify compliance with the proposed activities in the Colombia Ecuador

Technical Cooperation Project “Health and Environment Bringing
Boundaries Together” Strengthening of Surveillance in Public Health,
Pesticides and Water Quality

2. Propose new actions for the expansion of Technical Cooperation Project
with two expected results

79Annex 29

a- Strengthening the capacity of the Local Health Authority to monitor the
Millennium Development Goals -- MDGs - , based in the development
of the Surveillance in Public Health and Analysis of Current Health

Situation --ASIS-.

b- Developing the capacity of the health system at local level for the
responsibilities compliance of detection, notification and control of
events in the International Health Regulations framework.

MEETING DEVELOPMENT

The meeting is opened by the representatives of the Ministry of Public Health of
Ecuador, the Ministry of Social Protection of Colombia and the Sectional Health
Institute of Nariño.

WORK METHODOLOGY

For the achievement of the goal No. 1, three working tables were proposed - one per
result expected - with technicians of the two countries, a moderator and a teller named
per work table, to verify compliance with the issues, establish some observations of
limiting, weaknesses, worthy aspects to highlight and determine the percentage of

compliance of each activity.

For the work presentation unification within the work tables, it was proposed to execute
a set of matrices previously sent and concerted.

RESULT 1: Strengthening of the Surveillance in Public Health over prevalent diseases

and events of interest in public health and analysis of current health situation in both
countries.
Moderator: Madam Judith Cazares, Ecuador
Teller Madam María Belén Jaimes, Colombia

The effort and exercise conducted by the countries is considered as very important,

despite the fact that the weighted compliance was 42.5%.

The ASIS issue progress is consistent with the development achieved in the field of
working with the Andean countries, in order to harmonize a single guide for all
countries.

It is recalled to continue to strengthen the actions of Surveillance in Public Health
across the border

80 a- Strengthening the capacity of the Local Health Authority to monitor the
Millennium Development Goals -- MDGs - , based in the development
of the Surveillance in Public Health and Analysis of Current Health
Situation --ASIS-.

b- Developing the capacity of the health system at local level for the
responsibilities compliance of detection, notification and control of
events in the International Health Regulations framework.

MEETING DEVELOPMENT

The meeting is opened by the representatives of the Ministry of Public Health of
Ecuador, the Ministry of Social Protection of Colombia and the Sectional Health
Institute of Nariño.

WORK METHODOLOGY

For the work presentation unification within the work tables, it was proposed to execute

a set of matrices previously sent and concerted.

RESULT 1: Strengthening of the Surveillance in Public Health over prevalent diseases
and events of interest in public health and analysis of current health situation in both
countries.
Moderator: Madam Judith Cazares, Ecuador
Teller Madam María Belén Jaimes, Colombia

The effort and exercise conducted by the countries is considered as very important,
despite the fact that the weighted compliance was 42.5%.

The ASIS issue progress is consistent with the development achieved in the field of
working with the Andean countries, in order to harmonize a single guide for all
countries.

It is recalled to continue to strengthen the actions of Surveillance in Public Health
across the borderAnnex 29

The group concludes that it’s necessary to consider the continuity and strengthening of
the actions and results in the next Technical Cooperation Project.

RESULT 3: Strengthening of Surveillance in Public Health, Pesticides and Water
Quality for human consumption, improvement of conditions of drinking water and
sanitation and hygiene of the communities of the borderline area. Moderator Madam
Mónica Garcés, Ecuador.
Teller Mister Javier Ríos, Colombia

Most of the activities were complied in a 100% thanks to the coordination and effort of
the two countries. It is important to emphasize the commitment of Ministries and local
level for the achievement of the goals.

For Ecuador is very important to implement all the goals developed in the Technical

Cooperation Project on all border s level, and to institutionalize these goals on national
level.

The delegations of Colombia and Ecuador consider that the stipulated time for the

Technical Cooperation Project does not allow sustainable results so time should be
extended to the activities can be replicated and executed in the majority of communities.

The transfer of AOUATOX technology was very important for Ecuador because that
allows us to provoke interest of students and teachers in research and care of the

environment and the protection of water sources that may be used as Healthy
Environments strategy.

The delegations of Colombia and Ecuador consider that some strategies must be sought

allowing that the Amazonian -Putumayo border to be involved in the activities of this
work table.

If an activity is not satisfied with regard to the educational material production is
recommended to incorporate some educators and communicators for health

coordination in the Ministries of Education in both countries.

For the achievement of the Goal No. 2, the two proposed results are introduced that is to
say, 1. Implementation of International Health Regulations. 2 Implementation of the

Strategy of Healthy Environments and Management of Territorial Development - Local.
The proposed work in plenary defining tasks and activities is annexed to this act.

CONCLUSIONS:

82The group concludes that it’s necessary to consider the continuity and strengthening of
the actions and results in the next Technical Cooperation Project.

RESULT 3: Strengthening of Surveillance in Public Health, Pesticides and Water

Quality for human consumption, improvement of conditions of drinking water and
sanitation and hygiene of the communities of the borderline area. Moderator Madam
Mónica Garcés, Ecuador.
Teller Mister Javier Ríos, Colombia

Most of the activities were complied in a 100% thanks to the coordination and effort of

the two countries. It is important to emphasize the commitment of Ministries and local
level for the achievement of the goals.

For Ecuador is very important to implement all the goals developed in the Technical
Cooperation Project on all border s level, and to institutionalize these goals on national

level.

The delegations of Colombia and Ecuador consider that the stipulated time for the
Technical Cooperation Project does not allow sustainable results so time should be
extended to the activities can be replicated and executed in the majority of communities.

The transfer of AOUATOX technology was very important for Ecuador because that
allows us to provoke interest of students and teachers in research and care of the
environment and the protection of water sources that may be used as Healthy
Environments strategy.

The delegations of Colombia and Ecuador consider that some strategies must be sought
allowing that the Amazonian -Putumayo border to be involved in the activities of this
work table.

If an activity is not satisfied with regard to the educational material production is

recommended to incorporate some educators and communicators for health
coordination in the Ministries of Education in both countries.

For the achievement of the Goal No. 2, the two proposed results are introduced that is to
say, 1. Implementation of International Health Regulations. 2 Implementation of the

Strategy of Healthy Environments and Management of Territorial Development - Local.
The proposed work in plenary defining tasks and activities is annexed to this act.

CONCLUSIONS:84 Annex 30

C OLOMBIAN D ECREE 1843 OF 1991

(Official Journal No. 39.991, 26 August 1991. Articles 87, 102)

DECREE No. 1843 OF 22 JULY 1991

“Whereby Titles III, V, VI, VII, and XI of Law 09 of 1979, on the use and handling of

pesticides, subject of pesticides are partially regulated.”

[…]

Article 87 – Safety strip. The application of pesticides in rural areas may not be carried

out within 10 meters if land-based and 100 meters for aerial [spraying] as safety strips
in relation to bodies of water or watercourses, main roads, human or animal nuclei, or
any other area that requires special protection
Following recommendation from regional, district, regional or specific advisory
councils and with prior adoption by health authorities, measures of the safety strip may
be increased taking into account technical criteria such as:

a) Characteristics of the pesticide: Form, dose, toxicological category, application
means, formulation, and
b) Type of crops or exploitation, application area, and environmental conditions of the
zone. near inhabited areas

[….]

Article 102 – Pilots liabilities. Pilots must comply with all pertinent regulations set out
in this decree and also with the following:
a) Carrying out application taking into consideration wind speed, temperature and
relative humidity conditions, flight speed and height, in accordance with what is

established by the corresponding agricultural and livestock and civil aviation
authorities.
b) Making application with fixed signing;
c) Not overflying towns, drinking water sources, schools, and other sites that pose risk
for human health and animal and vegetation preservation;
d) Not applying pesticides on houses located within the field to be treated, areas of

water sources protection, natural parks, reserve zones o areas for such purpose;
e) Not taking part in handling pesticides. Only trained and authorized personnel can do
it, and

85Annex 30

f) Keeping application equipment of the aircraft in perfect calibration and working

conditions.

[….]

86 Annex 31

COMMUNIQUÉ OF THE NATIONAL NARCOTICS COUNCIL OF C OLOMBIA TO PUBLIC
OPINION ON THE ERADICATION OF ILLICIT POPPY CROPS,31 JANUARY 1992

(Archives of the Ministry of Foreign Affairs of Colombia)

COMMUNIQUÉ OF THE NATIONAL NARCOTICS COUNCIL TO PUBLIC
OPINION ON THE ERADICATION OF ILLICIT POPPY CROPS, SANTA FE DE

BOGOTA, 31 JANUARY 1992

Poppy is a crop that has started to significantly spread along the national territory,
posing a potential and increasing danger for the country’s public order because it
constitutes an additional source of violence, it impairs the economic development of the

country, not to forget that products obtained from poppy –opium, morphine, and heroin-
are highly dangerous narcotic drugs for those who consume it.

The national Government considers that it is the time to strengthen the program for the
eradication of poppy crops all over the national territory with the objective of

preventing the expansion of this terrible crop.

To that effect, the available methods and techniques will be used in accordance with the
recommendations made by the National Narcotics Council.

A. PROBLEM DESCRIPTION

Currently in Colombia, 2,900 hectares of waste land in most part are being used
for poppy crops. This phenomenon is increasingly affecting 12 provinces
located mainly in the Andean region of the country.

The vertiginous spreading of such crops, the increasing effects on our provinces,
the deforestation of the lots primary vegetation, the ecological damage that is
being caused, the protection offered by illegal armed groups to this activity, the
high risks and costs of police operations in this fight, and the social and
economic deterioration that it has been causing in affected areas, compel us to

take rapid and effective eradication measures that will have scientifically proven
not to pose danger to human life and not to cause damage to the ecosystem.

B. ACTION STRATEGY

87Annex 31

Consistent with the problem dimension and the action to be taken to control it,
the following action strategy is considered:
1. RECONNAISANCE OF CROP AREAS

Prior phase it will be possible to identify with precision the location of the
crop, its extension, surroundings, potential risk, the use and existence of
traditional crops, and location.

This reconnaissance phase will be carried out in coordination with officials

from ICA [Colombian Agriculture and Livestock Institute], INDERENA
[National Institute for Natural Renewable Resources], and the Health
Ministry in their corresponding competence areas.

2. SELECTION OF AREAS AND METHODS FOR CROPS ERADICATION

Taking into account the topography and extension of the terrain, the

environmental effects in the mid and long term, the proximity of human
settlements, and the mingling with other crops, eradication will be:

a. Manual

This method will be applied taking into account the topography or special

biodiversity conditions or preferably when it comes to small crop areas, or
when the planting of poppy is significantly mingled with food crops or they
are located closed to human settlements. The community will be engaged in
the eradication efforts.

b. Controlled Aerial Spraying

When there are large crops extensions and poppy is the only crop. This
eradication method will be experimental and will be subject to permanent
monitoring and evaluation.

Selection of areas under this method will be coordinated by officials from

ICA and INDERENA

3. OPERATIONAL PLANNING

88Consistent with the problem dimension and the action to be taken to control it,
the following action strategy is considered:
1. RECONNAISANCE OF CROP AREAS

Prior phase it will be possible to identify with precision the location of the
crop, its extension, surroundings, potential risk, the use and existence of
traditional crops, and location.

This reconnaissance phase will be carried out in coordination with officials
from ICA [Colombian Agriculture and Livestock Institute], INDERENA
[National Institute for Natural Renewable Resources], and the Health

Ministry in their corresponding competence areas.

2. SELECTION OF AREAS AND METHODS FOR CROPS ERADICATION

Taking into account the topography and extension of the terrain, the
environmental effects in the mid and long term, the proximity of human
settlements, and the mingling with other crops, eradication will be:

a. Manual

This method will be applied taking into account the topography or special
biodiversity conditions or preferably when it comes to small crop areas, or
when the planting of poppy is significantly mingled with food crops or they
are located closed to human settlements. The community will be engaged in

the eradication efforts.

b. Controlled Aerial Spraying

When there are large crops extensions and poppy is the only crop. This
eradication method will be experimental and will be subject to permanent
monitoring and evaluation.

Selection of areas under this method will be coordinated by officials from
ICA and INDERENA

3. OPERATIONAL PLANNING90 Annex 32

COLOMBIAN LAW 99 OF 1993

(Official Journal No. 41.146, 22 December 1993, Article 57)

LAW 99 OF 1993
Whereby the MINISTRY FOR THE ENVIRONMENT is created
the Public Sector in charge of management and preservation of the environment and

renewable natural resources is re-structured,
the National Environmental System –SINA- is organized
and other issues are ruled

[…]

ARTICLE 57. – Of the Environmental Impact Assessment. Environmental impact
assessment is understood as the set of information that shall be submitted to the relevant
environmental authority by the applicant of an environmental license.

The environmental impact assessment will include information about the location of the

project and the biotic and abiotic and socio-economic elements of the milieu that may
suffer deterioration by the corresponding work or activity that for their execution are
required to have a license, and an evaluation of the impacts they may cause. It will also
include the design of the plans for prevention, mitigation, correction, and compensation
for impacts and the environmental management plan for the work or activity.

The relevant environmental authority entitled to grant the license will set the terms of
reference for the environmental impact assessment in a term that cannot exceed sixty
(60) working days, counted upon request by the interested party.

[…]

9192 Annex 33

COSMOFLUX 411F,SALESR EGISTRATION

(Colombian Agriculture and Livestock Institute)

REPUBLIC OF COLOMBIA

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
COLOMBIAN AGRICULTURE AND LIVESTOCK INSTITUTE
MANAGEMENT OFFICE SECTION OF PREVENTION AND CONTROL
AGRICULTURAL SUPPLIES DIVISION

N O I T A R T S I G E R S E L A S

______________________________________________________________________

IN ACCORDANCE WITH DECREES AND RESOLUTIONS IN FORCE, THE
SALES REGISTRATION No. 2186 IS GRANTED SINCE 19 APRIL 1993 WITH

INDEFINITE EXPIRATION DATE

__________________________________________________________________________________________________________

TO: COSMOAGRO LTDA

______________________________________________________________________

TO SELL IN THE NATIONAL TERRITORY THE PRODUCT CALLED

COSMO-FLUX 411F

______________________________________________________________________

WITH A GUARANTEED COMPOSITION OF:
ACTIVE INGREDIENT (S):

MIXTURE OF TENSOACTIVE STEREO SPECIFIC
ALCOHOL ETHOXYLATES ARYL ETHOXYLATE

NON-IONIC, LINEAR ALCOHOL ETHOXYLATES

ADDITIVE AND INERT INGREDIENT (S):

ISOPAR V

93 Annex 33

TOXICOLOGICAL CATEGORY IV: SLIGHTLY TOXIC
LP-0593-93

______________________________________________________________________

SPECIFIC USE
ADJUVANT IN ACCORDANCE WITH THE

APROVED LABEL
______________________________________________________________________
PHYSICAL STATE

EMULSIFIABLE CONCENTRATE
) C E (

______________________________________________________________________

PACKAGING OR CONTAINERS

PLASTIC CONTAINERS BY 1 AND 4 LITERS; METAL CONTAINERS BY 50

AND 200 LITERS OF NET CONTENT ( 27 Aug. 1997)

______________________________________________________________________

[signed] [signed] [signed]
ORLANDO IBAÑEZ RAMIREZ CARLOS A. VILLAMIZAR QUESADA
CESAR OCAMPO PALACIO

SPECIALIZED PROFESSIONAL DIVISION DIRECTOR
ASSITANT MANAGER RESEARCH POLICIES

94 Annex 34

PROVISIONAL TOXICOLOGICAL O PINIONLP-0593-93(COSMO-FLUX 411F),
COLOMBIAN H EALTH MINISTRY,30 ULY 1993

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA

HEALTH MINISTRY

SPT-1624-93

Santafé de Bogotá D.C.,
30 July 1993

Mr.
CARLOS HERNÁN RICO

Chairman Agricultural Supplies Division
Colombian Agriculture and Livestock Institute

City.

Dear Sir,

In accordance with the Sanitary Regulation on Use and Handling of Pesticides, set out
in Decree 1843 of 1991 and with its implementing Resolutions 992 of 1992 by ICA

[Colombian Agriculture and Livestock Institute] and 10834 of 1992 of the Health
Ministry,

THE HEALTH MINISTRY ISSUES THE FOLLOWING

TEMPORARY TOXICOLOGICAL CONCEPT, LP-0593-93

1. TOXICOLOGICAL CLASSIFICATION
ADJUVANT COSMO-FLUX 411F, by the COSMOAGRO LTDA Company.
WITH COMPOSITION:

ACTIVE INGREDIENT (S) CONCENTRATION

TENSOACTIVE STEREO
SPECIFIC NON-IONIC

95 Annex 34

MIXTURE OF TENSOACTIVE
NON-IONIC BASED ON

LINEAR ALCOHOLS

ADDITIVE INGREDIENT (S)

LIQUID ISOPARAFFINS

REPUBLIC OF COLOMBIA

HEALTH MINISTRY

CORRESPONDS TO TOXICOLOGICAL CATEGORY IV, SLIGHTLY
TOXIC

2. USE AUTHORIZATION

ADJUVANT COSMO-FLUX 411F, by the COSMOAGRO LTDA company,
can be used in the national territory for AGRICULTURAL USE, provided that
established regulations are complied with and that necessary requirements to
avoid harm on health according to TOXICOLOGICAL CATEGOTY IV,
SLIGHTLY TOXIC, are adopted.

3. This concept repeals the previous one: BP-3887-92 issued for COSMO-PLUS.

The change in the name is made upon request by the manufacturing company.

Sincerely,

] l a e S [ ] l a e S [
[Signed] [Signed]

JORGE HERNAN BOTERO TOBON, M.D. LUIS ENRIQUE GOMEZ B.

Chairman Potentially Toxic Under-Director Environmental Risk

Substances Division Factors Control

96 MIXTURE OF TENSOACTIVE
NON-IONIC BASED ON

LINEAR ALCOHOLS

ADDITIVE INGREDIENT (S)

LIQUID ISOPARAFFINS

REPUBLIC OF COLOMBIA

HEALTH MINISTRY

CORRESPONDS TO TOXICOLOGICAL CATEGORY IV, SLIGHTLY
TOXIC

2. USE AUTHORIZATION

3. This concept repeals the previous one: BP-3887-92 issued for COSMO-PLUS.

The change in the name is made upon request by the manufacturing company.

Sincerely,

] l a e S [ ] l a e S [
[Signed] [Signed]

JORGE HERNAN BOTERO TOBON, M.D. LUIS ENRIQUE GOMEZ B.

Chairman Potentially Toxic Under-Director Environmental Risk

Substances Division Factors Control98 Annex 35

N OTE FROM THE GENERAL M ANAGER OF INDERENA(N ATIONAL INSTITUTE FOR
RENEWABLE NATURAL RESOURCES AND THE ENVIRONMENT )TO THE DIRECTOR OF
THE NATIONAL N ARCOTICSD IRECTORATE OF COLOMBIA , 8OCTOBER 1993

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
MINISTRY OF AGRICULTURE

INDERENA GENERAL MANAGEMENT

0.0.
Santa Fe de Bogota, D.C.
08 October 1993

Mr.
GABRIEL DE VEGA PINZON
Narcotics General Director National Narcotics Directorate

Mail office 12 October 1993
Dear Sir:

I am referring to your letter No. 11709 of 3 September of this year with the document
cannabis crops eradication, to support the authorization to spray with herbicide the

illicit coca and cannabis crops throughout the country.

It is important to recall the “National Narcotics Council Communiqué to public opinion
on the eradication of illicit poppy crops (Santa Fe de Bogota, 31 January 1992)”. It sets
out an action strategy based on: previous detection; choice of method and eradication

areas, and the operational planniRegarding the latter aspect, the communiqué
establishes that it is necessary to fix priority specific and technical parameters to be
complied with during the police procedure.

When the spraying process started in the Province of Huila, the Antinarcotics Police
established ten (10) parameters, among which it is important to highlight the ones
referring to environmental aspects: the herbicide will not be sprayed on inhabited areas,
fish ponds, apiaries, poultry, or other animals, and on Special Management Areas;
spraying will not conducted in sites closed to water streams or sources; not to over

flight water pipe reservoirs, schools or other sites that pose risk to human health and the
environment.

99Annex 35

Under these conditions, INDERENA ratifies the acceptance of the action strategy set by
the National Narcotics Council in its communiqué dated 31 January 1992, pointing out

the importance that must be given to compliance with the specific and technical
parameters established for the eradication process of poppy crops and that must be kept
for eradication of coca and cannabis crops.

Page 2

Mr. Gabriel De Vega Pinzón

Similarly, observations made by INDERENA in the letter addressed to Ministers of
Defense and Justice (February 5 1992) regarding competence of the Regional

Autonomous Corporations [Corporaciones Autonomas Regionales] in their jurisdiction
and that of INDERENA in all National Natural Parks and the need to have an
Environmental Audit for environmental supervision and control of the illicit crops
eradication process are still valid.

Sincerely,

NATIONAL INSTITUTE FOR RENEWABLE NATURAL
RESOURCES AND THE ENVIRONMENT
INDERENA

[Signed]

MANUEL RODRIGUEZ BECERRA
-------------------------------------------
General Manager INDERENA

Copy: Under Management Office of the Environment, INDERENA

NATIONAL INSTITUTE FOR RENEWABLE NATURAL RESOURCES AND THE
ENVIRONMENT
Apartado Aéreo 13458 – Telex44428 INDECO – Telefax 2859987 –
Bogota –
Colombia

100 Annex 36

NOTE FROM THE C OLOMBIAN H EALTH M INISTER TO THD IRECTOR OF THE
NATIONAL N ARCOTICS DIRECTORATE , 11OCTOBER 1993

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIAN
HEALTH MINISTRY

001998

Santa Fe de Bogotá. 11 October 1993

Mr. Gabriel De Vega Pinzón
Narcotics General Director

City

Dear Dr. De Vega:

Regarding the opinion requested by that Directorate about spraying illicit coca and

cannabis crops with herbicides requested in your letter of last September, I allow
myself to remind your Office that in January 19992, the National Narcotics Council
established an action strategy based on universal principles on prior detection of crop
areas, choice of application method, and operation parameters.

Additionally, the Health Ministry presented the Narcotics Council a Health Plan based
on the epidemiological surveillance principles, which becomes, together with the
environmental audit, a safeguard for human health and environmental protection.

Based on the previous considerations, this Office considers appropriate to ratify validity
and convenience of the action strategy established in the Communiqué issued by the
National Narcotics Council on 31 January 1993 regarding the parameters that guide the
poppy eradication process, which must be kept in the new use proposed.

Sincerely,

[Signed]

JUAN LUIS LONDOÑO DE LA CUESTA
Health Minister

101102 Annex 37

RESOLUTION Nº001 OF 11F EBRUARY 1994 OF THE NATIONAL NARCOTICS COUNCIL
OF C OLOMBIA

(National Narcotics Council of Colombia)

RESOLUTION 0001

(11 February 1994)

THE NATIONAL NARCOTICS COUNCIL

further to its legal powers, and especially those conferred on it by article 91, paragraph
g) of Law 30 of 1986,

WHEREAS:

There are still and have increased areas used for production of raw material for narcotic
drugs, and for this reason there is a noticeable increase of illicit activities linked to
production, processing, trafficking, and consumption of such substances.
Existence of such illicit crops brings about harmful social consequences because it

causes public order disturbance due to settlement of strangers in the regions where they
are grown and the linked criminal activities committed, which alter the communities
peace and harmony.
In many regions of the country, the existence of such illicit crops is accompanied by the
presence of guerrilla groups and backed up by illegal armed groups, deteriorating

tranquility and political stability.
Serious and very harmful environmental consequences have been detected as a result of
such illicit crops because the ecosystems where they are planted suffer deforestation and
irrational use of chemical substances, especially the uncontrolled use of pesticides and

herbicides that pollute the country’s water sources.
Law 30 of 1986 establishes an illicit crop eradication procedure and designates the
National Drug Council, in particular, to arrange for the eradication of marijuana, coca
and other crops from which addictive substances may be extracted, using the means
most appropriate for this purpose and with the concurrence of the agencies

commissioned to safeguard public health and guarantee preservation and stability of the
nation’s ecosystem (Sub-section g, Article 91)
The United Nations Organization guides for the fight against drugs establish the
following methods for illicit crops eradication:

Manual
Mechanic

103Annex 37

Burn
Biological
Chemical

It is the National Government to maintain public order in the Country by safeguarding
the necessary security, health, and moral conditions for peaceful and harmonic
community living together and every strategy aimed at overcoming the complex drugs
problem contributes to it, since such a goal is part of the State’s commitments, as a
necessary application and development of legislative decisions contained in the

National Narcotics Statute.
In January 1992, the National Narcotics Council authorized controlled aerial spraying of
poppy illicit crops with the use of chemical agent Glyphosate, due to the unexpected
increase in such crops as a last resort control mechanism, in compliance with law.
Eradication activities of illicit poppy crops by means of aerial spraying with glyphosate
are being carried out in the country under the strictest technical parameters and
adequate audit and control mechanisms, with no adverse effects on human health or the

environment reported.
According to the latest reports by the State security agencies, in particular, the National
Police –Antinarcotics Directorate, there has been a significant increased in the
marihuana and coca illicit crops extension.
Because of the national topography the growers’ intention, illicit crops are located in
geographical areas with very difficult access, which makes it considerably difficult to

exercise the State due legitimate control on them. Similarly, such control is obstructed
by the presence of guerrilla and illegal organized crime groups that fight the presence of
public authorities in the mentioned areas.
As an additional and last resort mechanism, according to suitable methods for such a
purpose, in the framework of the National Government social strategy of security, it is
considered necessary to use controlled aerial spraying with the herbicide Glyphosate, as

an effective mechanism for eradication of illicit crops, provided that it is carried out
under required technical conditions and strict control procedures that guarantee
achievement of goal and no adverse effects on people or the environment.
In compliance with Article 91, sub-section g) of Law 30 of 1986, approving concept
was requested and obtained from the Health Ministry and the National Institute for
Renewable Natural Resources and the Environment –INDERENA- as stated in the

letters dated 11 and 8 October 1993, respectively, signed by the Health Ministry and the
General Director of that Institute, the authorities commissioned to safeguard public
health and guarantee preservation and stability of the environment. The pertinent
extracts from the letters read as follows:
“Regarding the opinion requested by that Directorate about spraying illicit coca and
cannabis crops with herbicides requested in your letter of last September, I allow

104Burn
Biological
Chemical

poppy illicit crops with the use of chemical agent Glyphosate, due to the unexpected
increase in such crops as a last resort control mechanism, in compliance with law.
Eradication activities of illicit poppy crops by means of aerial spraying with glyphosate
are being carried out in the country under the strictest technical parameters and
adequate audit and control mechanisms, with no adverse effects on human health or the
environment reported.
According to the latest reports by the State security agencies, in particular, the National

Police –Antinarcotics Directorate, there has been a significant increased in the
marihuana and coca illicit crops extension.
Because of the national topography the growers’ intention, illicit crops are located in
geographical areas with very difficult access, which makes it considerably difficult to
exercise the State due legitimate control on them. Similarly, such control is obstructed
by the presence of guerrilla and illegal organized crime groups that fight the presence of
public authorities in the mentioned areas.

As an additional and last resort mechanism, according to suitable methods for such a
purpose, in the framework of the National Government social strategy of security, it is
considered necessary to use controlled aerial spraying with the herbicide Glyphosate, as
an effective mechanism for eradication of illicit crops, provided that it is carried out
under required technical conditions and strict control procedures that guarantee
achievement of goal and no adverse effects on people or the environment.
In compliance with Article 91, sub-section g) of Law 30 of 1986, approving concept
was requested and obtained from the Health Ministry and the National Institute for

Renewable Natural Resources and the Environment –INDERENA- as stated in the
letters dated 11 and 8 October 1993, respectively, signed by the Health Ministry and the
General Director of that Institute, the authorities commissioned to safeguard public
health and guarantee preservation and stability of the environment. The pertinent
extracts from the letters read as follows:
“Regarding the opinion requested by that Directorate about spraying illicit coca and
cannabis crops with herbicides requested in your letter of last September, I allowAnnex 37

1. SURVEILLANCE OF CROP AREAS. Illicit crops location, extension, surroundings,
characteristics, potential risks, as well as use, existence, and location of traditional crops
will be accurately determined. This detection phase will be carried out in coordination

with ICA [Colombian Agriculture and Livestock Institute], INDERENA, and Health
Ministry officials.

controlled aerial spraying with chemical agent glyphosate will be carried out. This
eradication method will be experimental and will be subject to permanent monitoring
and evaluation

Selection of areas under this type will be coordinated by ICA and INDERENA.

3. OPERATIONAL PLANNING. The National Police, through the Antinarcotics

Directorate, will be responsible for eradication of illicit crops. To accomplish this task,
it will use the most suitable technical and human resources, taking into account
experience accumulated in the eradication of illicit poppy crops in the Country.

Accomplishment of this task will in every case comply with the elaboration of a specific
plan implemented in a Service Order that must include, among others, the following

aspects:

3.1 Defining application sites
3.2 Determining human resources to be used (Antinarcotics Police)
3.3 Determining equipment to be used
3.4 Appointing the mission advising and coordinating scientific team

3.5 Establishing top priority specific and technical parameters to be complied with in
the procedure

4. COORDINATION WITH LOCAL AUTHORITIES. To ensure correct development
of illicit crops destruction operations, the action will be coordinated with military,
administrative, and judicial authorities from the corresponding jurisdiction and with the

permanent presence of a representative from the Ombudsman Office, the Regional
Ombudsman Office, and the Attorney General Office.

5. CIVIC AND POLICE ACTION. While developing these police actions, towns most
affected by the presence of illicit crops will be identified and chosen to carry out civic
and police actions that help to solve top priority basic needs and to deter people from

1061. SURVEILLANCE OF CROP AREAS. Illicit crops location, extension, surroundings,
characteristics, potential risks, as well as use, existence, and location of traditional crops
will be accurately determined. This detection phase will be carried out in coordination
with ICA [Colombian Agriculture and Livestock Institute], INDERENA, and Health

Ministry officials.

2. PERTINENCE OF THE CONTROLLED AERIAL SPRAYING METHOD. When
there are large crop extensions -over two (2) hectares)- and the illicit crop is the only
crop, taking into account topographic conditions and closeness to human settlements,
controlled aerial spraying with chemical agent glyphosate will be carried out. This
eradication method will be experimental and will be subject to permanent monitoring

and evaluation

Selection of areas under this type will be coordinated by ICA and INDERENA.

3. OPERATIONAL PLANNING. The National Police, through the Antinarcotics
Directorate, will be responsible for eradication of illicit crops. To accomplish this task,
it will use the most suitable technical and human resources, taking into account

experience accumulated in the eradication of illicit poppy crops in the Country.

Accomplishment of this task will in every case comply with the elaboration of a specific
plan implemented in a Service Order that must include, among others, the following
aspects:

3.1 Defining application sites

3.2 Determining human resources to be used (Antinarcotics Police)
3.3 Determining equipment to be used
3.4 Appointing the mission advising and coordinating scientific team
3.5 Establishing top priority specific and technical parameters to be complied with in
the procedure

4. COORDINATION WITH LOCAL AUTHORITIES. To ensure correct development
of illicit crops destruction operations, the action will be coordinated with military,

administrative, and judicial authorities from the corresponding jurisdiction and with the
permanent presence of a representative from the Ombudsman Office, the Regional
Ombudsman Office, and the Attorney General Office.

Issued in Bogotá D.C. on 11 February 1994

(Signed)
ANDRES GONZALEZ DIAZ
President

(Signed)
MARGARITA HERNÁNDEZ CORTES

Executive Secretary

108 Annex 38

C OLOMBIAN D ECREE 1753 OF 1994

(Official Journal No.41.477, 5 August 1994, Articles 1, 38)

MINISTRY FOR THE ENVIRONMENT

Decree No. 1753 of 1994

(3 August)

Whereby Titles VIII and XII of Law 99 of 1993 on Environmental Licenses are partially
regulated

Article 1. Definitions

[…]

Environmental Management Plan: Is the plan that, in a detailed way, establishes the
actions required to prevent, mitigate, control, compensate, and correct the possible

negative environmental effects or impacts caused in the implementation of a project,
work or activity. It includes follow-up, evaluation, and monitoring plans and
contingency plans.

[…]

Article 38: Transition Regime. Any projects, works or activities that, in compliance
with legislation in force before issuing of this decree, obtained the required
environmental permits, concessions, licenses, and authorizations will be allowed to
carry on, but the competent environmental authority may require, by means of a

reasoned administrative act, the submission of environmental management, recuperation
or restoration plans.
Any projects, works or activities that, prior to this Decree, started all procedures
pursuant to obtaining environmental permits, concessions, licenses, and authorizations
in compliance with legislation in force at that moment, will continue the process in
compliance with such legislation and if they eventually obtain them, they will be

allowed to carry out the project, work, or activity, but the environmental authority may
require, by means of a reasoned administrative act, the submission of environmental
management, recuperation or restoration plans.

109Annex 38

Any projects, works or activities that started operations prior to Law 99 of 1993 will not
require Environmental License. Projects under the Regional Autonomous

Corporations authority that started operations prior to this Decree will not require
Environmental License either. Such projects, works or activities shall still comply with
the environmental legislation in force, except for the Environmental License
requirement.

[…]

110 Annex 39

ROUNDUP SL:S ALESR EGISTRATIONN°0756 OF 11AUGUST 1997

(Colombian Agriculture and Livestock Institute)

REPUBLIC OF COLOMBIA
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
COLOMBIAN AGRICULTURE AND LIFESTOCK INSTITUTE

MANAGEMENT OFFICE SECTION OF AGRICULTURAL PROTECTION AND
REGULATION
COORDINATION CHEMICAL PESTICIDES FOR AGRICULTURAL USE
] l a e S [

IN ACCORDANCE WITH DECREES AND RESOLUTIONS IN FORCE,

SALES REGISTRATION No. 0756

IS GRANTED SINCE 11 AUGUST 1993 WITH INDEFINITE EXPIRATION DATE
TO:

______________________________________________________________________

COMPAÑIA AGRICOLA COLOMBIANA LTDA. & CIA.
S.C.A

______________________________________________________________________

TO SELL IN THE NATIONAL TERRITORY THE PRODUCT CALLED

ROUNDUP SL

______________________________________________________________________

WITH A GUARANTEED COMPOSITION OF:

ACTIVE INGREDIENT (S):
GLYPHOSATE: Isopropylamine salt of N-(phosphonomethyl) glycine 480 g/l
equivalent to 360 g/l glyphosate acid, at 20 °C formulation.

ADDITIVE INGREDIENT (S):
Surfactant polyoxyethylene amine

111 Annex 39

r e t a W
C.S.P 1 LITER

TOXICOLOGICAL CATEGORY IV: SLIGHTLY TOXIC
LP-0173-93

______________________________________________________________________

SPECIFIC USE

ADJUVANT

______________________________________________________________________
PHYSICAL STATE

SOLUBLE CONCENTRATE (SL)
______________________________________________________________________

PACKAGING OR CONTAINERS

Plastic containers of200, 250, 500 and 750 mililiters; of 5, 50 and 100 liters of net
content. (13/09/2007 Eduardo Lomanto)

______________________________________________________________________

[signed]
JAIME CÁRDENAS LOPEZ

MANAGEMENT OFFICE SECTION OF AGRICULTURAL PROTECTION AND
REGULATION
Prepared by: Eduardo Lomanto Del C. [Initialed]

Reviewed by: René A. Castro J. [Initialed]

112 Annex 40

“E NVIRONMENTAL IMPACT C AUSED BY CHEMICAL SUBSTANCES ,ILLICITCROPS AND
R ELATED A CTIVITIE”, NATIONAL NARCOTICS DIRECTORATE OF C OLOMBIA ,

STRATEGIC AND RESEARCH DIVISION, 2000

(National Narcotics Directorate, Strategic And Research Division, Impacto Ambiental Ocasionado por
las Sustancias Químicas, los Cultivos Ilícitos y las Actividades Conexas, 2000 pp. 5, 6, 12. Available at:
http://www.dne.gov.co/?idcategoria=790 (last visited 21 February 2010))

[…]

[Page 5]

a. Choice of areas

In Colombia, illicit crops are located in areas strategically chosen by drug traffickers
and that meet certain requirements they consider essential. Some of these requirements
are:
• Geographic zones isolated from urban centers where the State presence becomes

difficult because there are no access ways and there are large forest areas,
especially in the provinces of Caquetá, Guaviare, Meta, Vichada, Putumayo,

Santander, and Guainía.
• Existence of abundant bodies of water that can be used in production process,

waste disposal, and food preparation. Furthermore, the presence of navigable
rivers favors transport of chemical substances, by means of open smuggling
coming from neighboring countries and transport of great amounts of finished

product.

In Colombia, some of the coca and cocaine producing areas are located in the
high valleys of Apaporis and Caquetá, whose name changes to Japurá in Brazil,

as well as in the high valleys of Vaupés and Putumayo, Called Ica in Brazil.
Colombian Andean valleys connect with Manaus through Venezuela, with most
roads paved. […]
[Page 6]

• […] Ecosystems with abundant plant biomass which makes it difficult to spot
crops, crop fields, laboratories, and warehouses for chemical substances.

113Annex 40

• Ecosystems that meet the climate conditions required for the plant varieties to be
grown. In this regard, our country has thermal floors [all ranges in temperature

depending on altitude] that allow an excellent development of species used to
obtain psychotropic substances.

• Areas with presence of illegal armed groups that hinder the authorities’ action
and that presumably provide security services for crops and processing
facilities.

[…]

[Page 12]

[…]

It has been established that there are no significant differences between producers in the
region where coca is grown as to the intensity of agrochemicals use whether they are
small or industrial crops. In this regard, URIBE (1999) states the use of at least 75
different brands of agrochemicals. Regional difference regarding the type of substance
used is determined by its availability in the market, taking into account that many of

them are directly smuggled into the crop areas.

Herbicides used in coca crops
Trade brand Active ingredient Use % Toxicological
classification
Gramoxone 4 Paraquat 61.3 II LD Oral:

150mg/kg
Faena Glyphosate 10.7 IV LD Oral:
4300mg/kg
Anikilamina 2,4D 9.7 I LD Oral: 699
mg/kg
Round up Glyphosate 8.4 IV LD Oral:

4300mg/kg
Atrazine Atrazine 4.8 III LD Oral:
1780mg/kg
Karmex Diuron 2.6 III LD Oral:
5000mg/kg

Other n.a 2.6

114 • Ecosystems that meet the climate conditions required for the plant varieties to be
grown. In this regard, our country has thermal floors [all ranges in temperature

depending on altitude] that allow an excellent development of species used to
obtain psychotropic substances.

• Areas with presence of illegal armed groups that hinder the authorities’ action
and that presumably provide security services for crops and processing
facilities.

[…]

[Page 12]

[…]

them are directly smuggled into the crop areas.

Herbicides used in coca crops
Trade brand Active ingredient Use % Toxicological
classification
Gramoxone 4 Paraquat 61.3 II LD Oral:

150mg/kg
Faena Glyphosate 10.7 IV LD Oral:
4300mg/kg
Anikilamina 2,4D 9.7 I LD Oral: 699
mg/kg
Round up Glyphosate 8.4 IV LD Oral:

4300mg/kg
Atrazine Atrazine 4.8 III LD Oral:
1780mg/kg
Karmex Diuron 2.6 III LD Oral:
5000mg/kg

Other n.a 2.6116 Annex 41

RESOLUTION Nº005 OF11 A UGUST 2000 OF THEN ATIONAL N ARCOTICS C OUNCIL OF
COLOMBIA

(National Narcotics Council, excerps)

RESOLUTION 0005 OF 2000
(11 August)

Whereby Resolution No. 0001 of 11 February 1994 is amended.

The National Narcotics Council in exercise of its legal powers, especially those
conferred by Articles 91, sub-section g) and 92 of Law 30 of 1986

WHEREAS

By Resolution No. 0001 of 1994, the National Narcotics Council extended and defined
permits granted for destruction and eradication of illicit crops in the country with the
use of suitable means for such a purpose.

In the areas where there are illicit crops, there are guerrilla groups and other illegal
armed groups, which affects public peace and security generating massive displacement
of population as well as impact on the environment, human health, and agricultural and
livestock activities.

Target areas for planting, processing, and eradication of illicit crops by means of aerial
spraying with glyphosate must receive protection and environmental recovery
programs.

Pursuant to Law 99 of 1993, Decree 1843 of 1991, and Resolution 3079 of 1995, the
Ministries of Health Ministry, Agriculture and Rural Development, and the
Environment are responsible for establishing the mechanisms to watch and control risks
associated with the use and handling of pesticides.

The scope of functions and responsibilities of institutions engaged in the illicit crops
eradication program must be set. Thus, it is necessary to determine the procedures that
allow for local coordination and participation in the solution of problems caused by the
program.

117Annex 41

According to the scope of their competence the authorities to carry out environmental,
sanitary, and epidemiological follow-up to the illicit crops eradication program are:
nationwide, the Ministries of Health Ministry, Agriculture and Rural Development, and

the Environment through the Colombian Agriculture and Livestock Institute, at regional
level: the Governors’ Office, Autonomous Regional Corporations, Regional Health
Offices, and the ICA [Colombian Agriculture and Livestock Institute]; at the local level,
the Municipalities through mayors and the UMATA’s [Agriculture and Livestock
Technical Assistance Municipal Unit].

It is necessary to strengthen effective control, follow-up, and monitoring mechanisms
that make it possible to evaluate environmental, agronomic, and health impacts
generated by the illicit crops eradication program. Likewise, it is necessary to establish
specific criteria for the execution of the aforementioned program.

Given the increase in complaints made people in different regions of the country before
different national authorities such as the Ministries of Agriculture and Rural

Development (through the Colombian Agriculture and Livestock Institute), Health and
of the Environment, the National Narcotics Directorate, and the National Police –
Antinarcotics Directorate, due to alleged damages caused to the people, the
environment, and agricultural and livestock activities as a result of alleged spraying
with glyphosate, it is necessary to find suitable, technical-scientific mechanisms leading
to guarantee protection of rights and compliance with liabilities of citizens.

It is the State’s responsibility to safeguard the right to a sound environment for every
body (Article 79 of the Political Constitution).
By Law 99 of 1993 the Ministry for the Environment was created as the organ in charge
of managing the environment and renewable natural resources; the National
Environmental System was organized; and among others, ruled suppression and

liquidation of INDERENA (National Institute of Renewable Natural Resources).
In compliance with subsection 18 of article 5 ibidem, in accordance with that stated in
Decree 1125 of 1999, the Ministry for the Environment, through the Special
Administrative Unit of the National Natural Parks System is responsible for managing
the areas that form the National Natural Parks System and coordinating and
implementing the Protected Areas National System –SINAP-.

With the purpose of preventing alteration of the environment of the areas of the
National Natural Parks System, Decree 622 of 1977, which implemented Law 2811 of
1974 on “National Parks System”, article 30 states, among other prohibitions,
introducing, distributing, using toxic or polluting substances that may affect ecosystems
or cause harm to them and using any chemical product with residual effects.

118According to the scope of their competence the authorities to carry out environmental,
sanitary, and epidemiological follow-up to the illicit crops eradication program are:
nationwide, the Ministries of Health Ministry, Agriculture and Rural Development, and
the Environment through the Colombian Agriculture and Livestock Institute, at regional

level: the Governors’ Office, Autonomous Regional Corporations, Regional Health
Offices, and the ICA [Colombian Agriculture and Livestock Institute]; at the local level,
the Municipalities through mayors and the UMATA’s [Agriculture and Livestock
Technical Assistance Municipal Unit].

It is necessary to strengthen effective control, follow-up, and monitoring mechanisms
that make it possible to evaluate environmental, agronomic, and health impacts

generated by the illicit crops eradication program. Likewise, it is necessary to establish
specific criteria for the execution of the aforementioned program.

Given the increase in complaints made people in different regions of the country before
different national authorities such as the Ministries of Agriculture and Rural
Development (through the Colombian Agriculture and Livestock Institute), Health and
of the Environment, the National Narcotics Directorate, and the National Police –

Antinarcotics Directorate, due to alleged damages caused to the people, the
environment, and agricultural and livestock activities as a result of alleged spraying
with glyphosate, it is necessary to find suitable, technical-scientific mechanisms leading
to guarantee protection of rights and compliance with liabilities of citizens.

It is the State’s responsibility to safeguard the right to a sound environment for every
body (Article 79 of the Political Constitution).

By Law 99 of 1993 the Ministry for the Environment was created as the organ in charge
of managing the environment and renewable natural resources; the National
Environmental System was organized; and among others, ruled suppression and
liquidation of INDERENA (National Institute of Renewable Natural Resources).
In compliance with subsection 18 of article 5 ibidem, in accordance with that stated in
Decree 1125 of 1999, the Ministry for the Environment, through the Special
Administrative Unit of the National Natural Parks System is responsible for managing
the areas that form the National Natural Parks System and coordinating and

implementing the Protected Areas National System –SINAP-.

Article 3. Number 2 in Resolution No. 0001 of 11 February 1991 will read as follows:

When there are large crop extensions -over two (2) hectares)- and the illicit crop is the

only crop, taking into account topographic conditions and closeness to human
settlements, controlled aerial spraying with chemical agent glyphosate will be carried
out.
Aerial spraying with glyphosate will also be used on areas where illicit crops are proved
to be: split and/or mingled with lawful crops, which are ways used to evade actions of
the eradication program with the herbicide.

Paragraph. The aerial spraying with glyphosate method will not be used on programs
approved by the National Narcotics Council

Article 4. Regarding the previous article these definitions will apply:

Split crop area: is that field area divided by means of living and/or artificial barriers,

sequences of lawful crops, food crops or native forest with illicit crops

Mingled crop area: Is that illicit crop holding both illicit and lawful plants.

Article 5. Clarify number 3 in Resolution No. 0001 of 11 February 1991, which will
read as follows:

Operational planning

The National Police, through the Antinarcotics Directorate, will be responsible for
eradication of illicit crops. To accomplish this task, it will use the technical and human
resources that allow preventing and minimizing possible damages that may derive from

this activity

Accomplishment of this task will in every case comply with the elaboration of a specific
plan implemented in a Service Order that must include, among others, the following
aspects:

Defining application sites

Determining human resources to be used (Anti-Narcotics Police)

Determining equipment to be used

120Article 3. Number 2 in Resolution No. 0001 of 11 February 1991 will read as follows:

When there are large crop extensions -over two (2) hectares)- and the illicit crop is the
only crop, taking into account topographic conditions and closeness to human

settlements, controlled aerial spraying with chemical agent glyphosate will be carried
out.
Aerial spraying with glyphosate will also be used on areas where illicit crops are proved
to be: split and/or mingled with lawful crops, which are ways used to evade actions of
the eradication program with the herbicide.

Paragraph. The aerial spraying with glyphosate method will not be used on programs

approved by the National Narcotics Council

Article 4. Regarding the previous article these definitions will apply:

Split crop area: is that field area divided by means of living and/or artificial barriers,
sequences of lawful crops, food crops or native forest with illicit crops

Mingled crop area: Is that illicit crop holding both illicit and lawful plants.

Article 5. Clarify number 3 in Resolution No. 0001 of 11 February 1991, which will
read as follows:

Operational planning

Accomplishment of this task will in every case comply with the elaboration of a specific
plan implemented in a Service Order that must include, among others, the following
aspects:

Defining application sites

Determining human resources to be used (Anti-Narcotics Police)

Determining equipment to be usedAnnex 41

4. Issuing concept about the Program for the Eradication of illicit Crops with
Glyphosate, which will be submitted to the National Narcotics Directorate for its
consideration.

5. Knowing the results of research carried out by competent authorities related to
complaints filed by communities for alleged damages caused by the Program for the
Eradication of illicit Crops.

6. Designing training programs about activities related to eradication of illicit crops.

They will be publicized.

1.[7] Setting the profiles for professionals that will take part in the technical oversight
referred to in paragraph of article 10 in this Resolution.

2. [8] The Committee will hold ordinary meeting every three months and extraordinary
meeting when at least 2 of its members request call it.

Article 9. Number 7 in Resolution No. 0001 of 11 February 1991 will read as follows:

Technical audit

The National Government, through the National Narcotics Directorate, will contract the

service of a Technical Audit, which will make a follow-up of the Program for the
eradication of Illicit Crops with glyphosate regarding technical and operational aspects,
as well as the assessment of impacts on the environment, human health, and on
agricultural activities. The Colombian Agriculture and Livestock Institute will approve
the technical and operational parameters for aerial spraying of illicit crops with
glyphosate.

Paragraph 1. The National Narcotics Directorate will set the terms of reference to
contract the Technical Audit taking into consideration the advise from the Inter-
Institutional Committee stipulated in article 6 of this Resolution.

Paragraph 2. The Technical Audit will have an autonomous and external Technical

Oversight, which will be stipulated in the contract.

Article 10. The Technical Audit will have the following functions:

1. Supervising the correct execution of the Program for the Eradication of Illicit Crops.
2. Making assessments after the eradication of illicit crops.

1224. Issuing concept about the Program for the Eradication of illicit Crops with
Glyphosate, which will be submitted to the National Narcotics Directorate for its
consideration.

5. Knowing the results of research carried out by competent authorities related to
complaints filed by communities for alleged damages caused by the Program for the
Eradication of illicit Crops.

6. Designing training programs about activities related to eradication of illicit crops.
They will be publicized.

1.[7] Setting the profiles for professionals that will take part in the technical oversight
referred to in paragraph of article 10 in this Resolution.

2. [8] The Committee will hold ordinary meeting every three months and extraordinary
meeting when at least 2 of its members request call it.

Article 9. Number 7 in Resolution No. 0001 of 11 February 1991 will read as follows:

Technical audit

The National Government, through the National Narcotics Directorate, will contract the
service of a Technical Audit, which will make a follow-up of the Program for the
eradication of Illicit Crops with glyphosate regarding technical and operational aspects,
as well as the assessment of impacts on the environment, human health, and on

agricultural activities. The Colombian Agriculture and Livestock Institute will approve
the technical and operational parameters for aerial spraying of illicit crops with
glyphosate.

Paragraph 2. The Technical Audit will have an autonomous and external Technical
Oversight, which will be stipulated in the contract.

Article 10. The Technical Audit will have the following functions:

1. Supervising the correct execution of the Program for the Eradication of Illicit Crops.
2. Making assessments after the eradication of illicit crops.The Executive Secretary
Oscar Manual Farías Cortés

124 Annex 42

COMMUNIQUÉ OF THE M INISTRY FOR THE ENVIRONMENT OF C OLOMBIA TO THE
PUBLIC , CTOBER 2000

(Archives of the Ministry of Foreign Affairs of Colombia)

MINISTRY FOR THE ENVIRONMENT

BOGOTA, OCTOBER 2000

COMMUNIQUÉ TO PUBLIC OPINION

The Ministry for the Environment, as the highest environmental authority in the
country, in regard to the possible experimentation, use or application of the Fusarium
oxysporum fungus as a means for eradication of illicit crops in the national territory,
reiterates the following:

1. The Ministry for the Environment DID NOT accept the proposal advanced by the
United Nations International Drug Program (UNDCP), to conduct tests with Fusarium
oxysporum Erythroxylum mycoherbicide, given that it considers that any external agent
to our country’s native ecosystems might pose serious hazards to the environment and

human health.

2. This Ministry will take the task of guaranteeing the protection of biodiversity, searching
solutions jointly with the communities located in the areas affected by coca and poppy
crops and supporting economic alternatives different from illicit crops.

3. In this sense, the Ministry for the Environment, with the support from technical and
scientific institutions of the country, from environmental and governmental authorities,
and in general from civil society, will promote research processes to generate social
environmentally friendly alternatives that can contribute to sustainable development of
the regions affected by illicit crops. These processes will comply with criteria of no

affecting ecosystems and human health.

4. Finally, this Ministry considers that manual eradication agreed on with the communities
is an alternative to solve the illicit crops problem because it is the one with the lowest
impacts on the environment. That is why, the Ministry for the Environment will be

open to initiatives submitted in this regard.

125126 Annex 43

R ESOLUTION N º017OF 4 OCTOBER 2001OF THE N ATIONAL NARCOTICS COUNCIL OF
COLOMBIA

(Official Journal No. 44.588, 20 October 2001)

RESOLUTION No. 0017 OF 2001

(October 4)

Whereby a procedure to address complaints of alleged damages caused by aerial

spraying with the herbicide glyphosate within the Program for Eradication of Illicit
Crops is adopted

THE NATIONAL DRUG COUNCIL

In exercise of its legal faculties and pursuant to Article 91, sub-sections a, b, c and
particularly sub-section g, and Article 92 of Law 30 /1986

WHEREAS

Law 30 of 1986 establishes an illicit crop eradication procedure and designates the
National Drug Council, in particular, to arrange for the eradication of marijuana, coca
and other crops from which addictive substances may be extracted, using the means

most appropriate for this purpose and with the concurrence of the agencies
commissioned to safeguard public health and guarantee preservation and stability of the
nation’s ecosystem (Sub-section g, Article 91);

Resolution No. 0001 of February 11, 1994 was amended by the National Drug Council
under Resolution No. 0005 of 2000 to reinforce control, follow-up and monitoring

mechanisms aimed at evaluating the impact of the Program for Eradication of Illicit
Crops on the environment, agriculture and health, and to establish specific criteria for
its implementation;

The National Narcotics Directorate (DNE), pursuant to Resolution No. 0005 of 2000, is
the agency responsible for coordinating the Program for Eradication of Illicit Crops, and
the Anti-narcotics Direction is responsible for planning the program from an operational

standpoint;

127Annex 43

The Single Convention Governing Narcotic Drugs, 1961, amended by the 1972
Protocol Amending the Single Convention Governing Narcotic Drugs, 1961, ratified by

Colombia under Law 13 of 1974, considered that effective measures against abuse of
narcotic drugs require coordinated and universal action, that such action calls for
international cooperation guided by the same principals and aimed at common

objectives, and desired to provide for continuous international cooperation and control
for the achievement of the aims and objectives set forth in the aforementioned
Convention;

A Letter of Agreement on Cooperation to Prevent and Control the Drug Problem was
signed on 7 September 1999 by the government of Colombia, represented by the
Director of the National Narcotics Directorate, and the government of the United States,

represented by the Director of the Narcotics Affairs Section at the American Embassy;

The parties to the aforementioned agreement promised to supply the resources and to
undertake all action specified therein, including, as outlined in Point II - Project
Description, a build-up in the technical and logistic capacity and equipment of the

National Narcotics Directorate to implement, coordinate, monitor and evaluate the
National Plan for the Fight against Drugs.

The Narcotics Supply Reduction strategy outlined in the National Plan for the Fight

against Drugs contains Objective No. 2, which calls for Goal No. 1 - Technical and
Controlled Eradication of Illicit Crops.

Eradication of illicit crops by aerial spraying with the herbicide glyphosate might
produce collateral effects with an impact on legal crops in the vicinity;

The Program for Eradication of Illicit Crops has new systems and advanced satellite
information technology for illegal crop detection, including medium- resolution satellite
images, high-resolution color and panchromatic aerial photographs and satellite location

systems aboard the aircraft used for spraying, all of which facilitate more and better
protection for the rights of individuals in areas where the Program for Eradication of
Illicit Crops operates;

Complaints from citizens in several regions of the country have increased due to alleged
damages to agriculture from aerial spraying with the herbicide glyphosate, making it
necessary to issue regulations to ensure these complaints are addressed promptly and

effectively;

128The Single Convention Governing Narcotic Drugs, 1961, amended by the 1972
Protocol Amending the Single Convention Governing Narcotic Drugs, 1961, ratified by

objectives, and desired to provide for continuous international cooperation and control
for the achievement of the aims and objectives set forth in the aforementioned
Convention;

A Letter of Agreement on Cooperation to Prevent and Control the Drug Problem was

signed on 7 September 1999 by the government of Colombia, represented by the
Director of the National Narcotics Directorate, and the government of the United States,
represented by the Director of the Narcotics Affairs Section at the American Embassy;

The parties to the aforementioned agreement promised to supply the resources and to

undertake all action specified therein, including, as outlined in Point II - Project
Description, a build-up in the technical and logistic capacity and equipment of the
National Narcotics Directorate to implement, coordinate, monitor and evaluate the

National Plan for the Fight against Drugs.

The Narcotics Supply Reduction strategy outlined in the National Plan for the Fight
against Drugs contains Objective No. 2, which calls for Goal No. 1 - Technical and
Controlled Eradication of Illicit Crops.

Eradication of illicit crops by aerial spraying with the herbicide glyphosate might
produce collateral effects with an impact on legal crops in the vicinity;

The Program for Eradication of Illicit Crops has new systems and advanced satellite
information technology for illegal crop detection, including medium- resolution satellite

images, high-resolution color and panchromatic aerial photographs and satellite location
systems aboard the aircraft used for spraying, all of which facilitate more and better
protection for the rights of individuals in areas where the Program for Eradication of

Illicit Crops operates;

effectively;Annex 43

6. Date and time of spraying

7. The objective of the petition

8. A list of all documents and evidence attached to the complaint

9. Home address or place where a reply may be sent

10. Signature of the petitioner and the official with whom the complaint is filed.

Paragraph: For added clarity and quicker verification of the facts related to the
complaint, a form shall be adopted with the foregoing items and with an attached map

of the municipality. It shall be filled out in the presence of the municipal ombudsman
offices, and the municipal ombudsman shall identify the allegedly affected property or
properties on the map attached to the form.

Article 5. Preliminary verification of the facts connected with the complaint. Once the

municipal ombudsman receives the complaint, he shall immediately ask the local ICA
[Colombian Agriculture and Livestock Institute] and/or UMATA [Agricultural and
Livestock Technical Assistance Municipal Unit] official to visit the site indicated in the

complaint for preliminary verification of the facts in question. A record of this field
visit shall be drawn up and attached to the complaint for delivery to the National
Narcotics Directorate.

Paragraph: A guide or format for verifying the information shall be adopted to this end.
It shall be filled out by the ICA and/or UMATA official and by the municipal
ombudsman, and is to be accompanied by full identification of the allegedly affected

property on the map provided for this purpose.

Article 6. Submitting the complaint to the National Narcotics Directorate. Within two
(2) days subsequent to preliminary verification, the municipal ombudsman shall send

the complaint and a record of preliminary verification to the Anti-narcotics Direction of
the Colombian National Police, with a copy of the complaint to the National Narcotics
Directorate (DNE). This shall be done simultaneously, and the municipal ombudsman

shall inform the petitioner accordingly.

Article 7. Prior report. Within five (5) days after receipt of the complaint, the Anti-
narcotics Direction of the Colombian National Police (DIRAN) shall certify whether or
not the zone in question was sprayed. This certification shall be based on satellite

location flight reports, copies of spraying records and polygrams, and reports from illicit

1306. Date and time of spraying

7. The objective of the petition

8. A list of all documents and evidence attached to the complaint

9. Home address or place where a reply may be sent

10. Signature of the petitioner and the official with whom the complaint is filed.

Paragraph: For added clarity and quicker verification of the facts related to the
complaint, a form shall be adopted with the foregoing items and with an attached map
of the municipality. It shall be filled out in the presence of the municipal ombudsman

offices, and the municipal ombudsman shall identify the allegedly affected property or
properties on the map attached to the form.

Article 5. Preliminary verification of the facts connected with the complaint. Once the
municipal ombudsman receives the complaint, he shall immediately ask the local ICA

[Colombian Agriculture and Livestock Institute] and/or UMATA [Agricultural and
Livestock Technical Assistance Municipal Unit] official to visit the site indicated in the
complaint for preliminary verification of the facts in question. A record of this field

visit shall be drawn up and attached to the complaint for delivery to the National
Narcotics Directorate.

Paragraph: A guide or format for verifying the information shall be adopted to this end.
It shall be filled out by the ICA and/or UMATA official and by the municipal

ombudsman, and is to be accompanied by full identification of the allegedly affected
property on the map provided for this purpose.

Article 6. Submitting the complaint to the National Narcotics Directorate. Within two
(2) days subsequent to preliminary verification, the municipal ombudsman shall send

shall inform the petitioner accordingly.

location flight reports, copies of spraying records and polygrams, and reports from illicitAnnex 43

Article 11. Crop classification and replacement criteria. To replace legal crops that
have been damaged, these shall be classified as permanent or temporary.

Permanent crops have a vegetation period of more than one year and are harvested more
once during that time.

Temporary crops, for genetic or technical reasons, yield only one harvest during their
vegetation period, which is one year or less.

Permanent crop replacement shall include:

a) Investment in installation

b) The market value of the impaired harvest, based on CORABASTOS prices.

c) The cost of reinstalling the crop

d) The value of future harvests, calculated up to the time the new plantation becomes

fully productive.

Temporary crop replacement shall include only:

a) The value of the impaired harvest, based on CORABASTOS prices.

Article 12. Calculating replacement. The complaint group shall estimate the

replacement cost of the probable harvest according to the number of plants affected,
with maximum possible production calculated on this basis and in accordance with the
tables established for this purpose by the Colombian Agriculture and Livestock

Institute.

Article 13. Required evidence. To proceed with crop replacement, the crop in question
must be certified as being legal and the damage as being a direct result of aerial
spraying with the herbicide glyphosate used in the Program for Eradication of Illicit

Crops.

For the aforementioned, the following evidence of damage is required:

1. Anti-Narcotics Direction of the Colombian National Police (DIRAN) certification of
aerial spraying in the zone connected with the complaint.

2. Copy of satellite location flight reports

132Article 11. Crop classification and replacement criteria. To replace legal crops that
have been damaged, these shall be classified as permanent or temporary.

Permanent crops have a vegetation period of more than one year and are harvested more

once during that time.

Temporary crops, for genetic or technical reasons, yield only one harvest during their
vegetation period, which is one year or less.

Permanent crop replacement shall include:

a) Investment in installation

b) The market value of the impaired harvest, based on CORABASTOS prices.

c) The cost of reinstalling the crop

d) The value of future harvests, calculated up to the time the new plantation becomes
fully productive.

Temporary crop replacement shall include only:

a) The value of the impaired harvest, based on CORABASTOS prices.

Article 12. Calculating replacement. The complaint group shall estimate the
replacement cost of the probable harvest according to the number of plants affected,
with maximum possible production calculated on this basis and in accordance with the

tables established for this purpose by the Colombian Agriculture and Livestock
Institute.

Article 13. Required evidence. To proceed with crop replacement, the crop in question
must be certified as being legal and the damage as being a direct result of aerial

spraying with the herbicide glyphosate used in the Program for Eradication of Illicit
Crops.

For the aforementioned, the following evidence of damage is required:

1. Anti-Narcotics Direction of the Colombian National Police (DIRAN) certification of

aerial spraying in the zone connected with the complaint.

2. Copy of satellite location flight reportsAnnex 43

Let it be published, made known and observed.

Issued in the city of Bogota on October 4, 2001.

[Signed]
Rómulo González Trujillo,

Director

[Signed]
Mercedes Vasquez de Gomez,

Executive Secretary

134 Annex 44

TOXICOLOGICAL O PINIONNº0685,REGARDING THE TOXICOLOGICAL
CLASSIFICATION OF THE MIXLYPHOSATE + POEA+ C OSMO-FLUX (1%),
C OLOMBIAN H EALTH MINISTRY,8 OCTOBER 2001

(Archives of the Ministry of Foreign Affairs of Colombia)

REPUBLIC OF COLOMBIA
HEALTH MINISTRY

Bogota, D.C., October 8 2001

000685

Mr.
GABRIEL MERCHAN BENAVIDES
Director National Narcotics Directorate

Carrera 16 No. 79-08
Bogota, D.C.

REFERENCE: YOUR REQUEST FOR TOXICOLOGICAL
CLASSIFICATION OF THE MIXTURE GLYPHOSATE + POEA +

COSMOFLUX (1%)

Dear Sir,

In response to your request stated in the reference, I am enclosing a copy of the concept
issued by this Ministry regarding the toxicological classification of the mixture
GLYPHOSATE + POEA + COSMOFLUX (1%), which corresponds to Category III -
Moderately toxic and the Final Report – Studies about the complaints effects on health

associated with aerial spraying in Colombia – Province of Nariño,El Tablon de Gomez
Municipality – September 2000 – Uribe Cualla Clinic

Best regards

[Signed]
SARA ORDOÑEZ NORIEGA
Health Minister

Enclosure: the aforementioned (2 pages)

135Annex 44

REPUBLIC OF COLOMBIA
HEALTH MINISTRY

Bogota, D.C., October 4 2001

Ms.
SARA ORDOÑEZ NORIEGA
Health Minister
Bogota, D.C.

REFERENCE: YOUR REQUEST FOR TOXICOLOGICAL

CLASSIFICATION OF THE MIXTURE GLYPHOSATE + POEA +
COSMOFLUX (1%)

Madame Minister:

I am glad to inform you that after analyzing the documentation from international
institutions with well-known scientific work such as the United States Environmental
Protection Agency and the World Health Organization, among others, on herbicide
glyphosate and POEA, it was found that they have the same standpoint stated by this

Ministry on several occasions regarding the toxicological evaluation of glyphosate,
especially with regard to the toxicological category IV slightly toxic assigned to the
active ingredient Glyphosate. It ratifies our standpoint that it is a non carcinogenic, non
mutagenic, non teratogen agent.

Glyphosate has been classified in the country by the Health Ministry according to the

procedures required for toxicological evaluation and classification stipulated in Decree
1843 of 1991 an in the Handbook of procedures for toxicological evaluation and
classification of chemical substances published by this Ministry. This classification
corresponds to category III moderately toxic for formulations that contain POEA
(Polioxyetilen amine) as additive ingredient and category IV slightly toxic for the active
ingredient and the other formulations found in the market.

Regarding the product Cosmo Flux 411F, it is important to point out that it has been
classified in the country by the Health Ministry in toxicological category IV slightly
toxic. In that sense, the use of the mixture GLYPHOSATE + POEA + COSMOFLUX
(1%) would result in a toxicological category III moderately toxic. The use of the
mixture Glyphosate + POEA + Cosmoflux (1%) would fall into toxicological category
III (Moderately Toxic), without the addition of such additives posing inadmissible risks.

136REPUBLIC OF COLOMBIA
HEALTH MINISTRY

Bogota, D.C., October 4 2001

Ms.
SARA ORDOÑEZ NORIEGA

Health Minister
Bogota, D.C.

REFERENCE: YOUR REQUEST FOR TOXICOLOGICAL
CLASSIFICATION OF THE MIXTURE GLYPHOSATE + POEA +

COSMOFLUX (1%)

Madame Minister:

I am glad to inform you that after analyzing the documentation from international

institutions with well-known scientific work such as the United States Environmental
Protection Agency and the World Health Organization, among others, on herbicide
glyphosate and POEA, it was found that they have the same standpoint stated by this
Ministry on several occasions regarding the toxicological evaluation of glyphosate,
especially with regard to the toxicological category IV slightly toxic assigned to the
active ingredient Glyphosate. It ratifies our standpoint that it is a non carcinogenic, non
mutagenic, non teratogen agent.

Glyphosate has been classified in the country by the Health Ministry according to the
procedures required for toxicological evaluation and classification stipulated in Decree
1843 of 1991 an in the Handbook of procedures for toxicological evaluation and
classification of chemical substances published by this Ministry. This classification
corresponds to category III moderately toxic for formulations that contain POEA
(Polioxyetilen amine) as additive ingredient and category IV slightly toxic for the active

ingredient and the other formulations found in the market.

III (Moderately Toxic), without the addition of such additives posing inadmissible risks.Lastly, it is here reiterated that as stated in the Minute 08 of the inter-institutional
technical committee permanent meeting held on April 11, 2001 (copy annexed) the use
of additive COSMO IN D in the mixture used for eradication of illicit crops is not

recommended because this Ministry has classified it in category I extremely toxic due
to its severe eye irritation effects. It may increase health risk for people directly and
indirectly exposed to spraying.

Best regards

[Signed]
JORGE HERNAN JARAMILLO BOTERO. I.Q.

Specialized Professional, Health Protection Group
Public Health General Directorate

Annex: Minute 08 of 2001
JHJB 04-10-01

138 Annex 45

R ESOLUTION Nº1065 OF 26 NOVEMBER 2001OF THE M INISTRY OF THE
ENVIRONMENT OF COLOMBIA , REASONING ,SECTION 3, ECHNICAL VISIT(EXCERPT

NOT TRANSLATED INEM, V OL.IIA NNEX 15)

(Ministry for Environment, Housing and Territorial Development of Colombia)

RESOLUTION No. 1065

(26 November 2001)

“WHEREBY A MANAGEMENT PLAN IS IMPOSED AND OTHER DECISIONS ARE
MADE”

THE MINISTER FOR THE ENVIRONMENT
Pursuant to the powers conferred by Law 99 of 1993 and especially by Article 38 of
Decree 1753 of 1994 and

WHEREAS:

[…]

[Page 9]

3. TECHNICAL VISIT

According to the visit paid, whose report is part of the technical opinion already
referred to, the following considerations are made:

Regarding the herbicide handling at the visited base, it was possible to observe that it
has good storage, there are the necessary elements to deal with spill of herbicide, taking

into account the recommendations made in the records of environmental management
and in the Contingency Plan.

It is recommended that the glyphosate empty containers are tripled washed before its

final disposal, in compliance with record No. 4. Solid Waste Management Program.

For handling of fuels and fires (record No. 3) it has the support from the program of
Civil Aeronautical and from the command of national army that is 10 minutes away

from the base. In case of a specific release while spraying, the Contingency Plan
(record 13) is set to be applied.

139Annex 45

Inside the visited base, handling of oily water from workshops, water with possible
pesticide residues must be improved, as well as handling of integral solid residues. This

point is already incorporated in the EMP submitted (Record No. 5. Management of
residual water)

According to the ocular inspection of the crops sprayed in this forest area, it can be
concluded that complying with the technical conditions of the operation airplane, the
drift effect is minimum.

A great entropic intervention was also observed with significant deforestation of the
forest. The clear areas are usually used for cattle raising, and partial alternate bushes
grow.

In the areas where the herbicide has fallen on directly, it is observed that natural
regeneration has started, with the characteristic succession dynamics of the area. Some

pasture, moss and insects populations are observed.

In accordance with all aforementioned, this Ministry considers viable from the technical
environmental perspective to impose the Environmental management Plan to National
Narcotics Directorate (DNE) with and each consideration previously presented.

[…]

140 Annex 46

GLY-41: SALESREGISTRATION N° 429OF 2JULY 2002

(Colombian Agriculture and Livestock Institute)

REPUBLIC OF COLOMBIA
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
COLOMBIAN AGRICULTURE AND LIVESTOCK INSTITUTE

MANAGEMENT OFFICE SECTION OF AGRICULTURAL PROTECTION AND
REGULATION
COORDINATION CHEMICAL PESTICIDES FOR AGRICULTURAL USE

IN ACCORDANCE WITH DECREE No. 1840 OF 1994 AND RESOLUTION 3079

OF 1995 BY ICA, SALES REGISTRATION No.

4294

IS GRANTED SINCE:

11 AUGUST 1993 WITH INDEFINITE EXPIRATION DATE TO:

______________________________________________________________________

COMPAÑIA AGRICOLA COLOMBIANA LTDA. & CIA.
S.C.A
______________________________________________________________________
TO SELL ON THE NATIONAL TERRITORY THE PRODUCT CALLED

GLY-41
______________________________________________________________________
WITH A GUARANTEED COMPOSITION OF:

WITH A GUARANTEED COMPOSITION OF:
ACTIVE INGREDIENT (S): GLYPHOSATE
Isopropylamine salt of

N-(phosphonomethyl) glycine
480.0 g/l

141 Annex 46

ADDITIVE AND INERT INGREDIENT (S): POLYOXYETHYLENE
ALKYLPHOSPHATE ESTER

POLYETHOXYETHYLENE ALKYL
AMINE
POLYETHYLENE GLYCOL

DIPROPYLENE GLYCOL
FD&C BLUE DYE No. 1
POLYDIMETHYLSILOXANE

D N E L B E N O C I L I S
R E T A W
C.S.P 1 L

TOXICOLOGICAL CATEGORY IV: SLIGHTLY TOXIC
LP-12499-2002

______________________________________________________________________

SPECIFIC USE

ADJUVANT
______________________________________________________________________

PHYSICAL STATE

SOLUBLE CONCENTRATE (SL)
______________________________________________________________________

PACKAGING OR CONTAINERS

PLASTIC CONTAINERS OF: 1, 4, 10, 60 and 200 LITERS OF NET CONTENT.
(20/06/02 cjrh)

142 ADDITIVE AND INERT INGREDIENT (S): POLYOXYETHYLENE
ALKYLPHOSPHATE ESTER

POLYETHOXYETHYLENE ALKYL
AMINE
POLYETHYLENE GLYCOL

DIPROPYLENE GLYCOL
FD&C BLUE DYE No. 1
POLYDIMETHYLSILOXANE
D N E L B E N O C I L I S

R E T A W
C.S.P 1 L

TOXICOLOGICAL CATEGORY IV: SLIGHTLY TOXIC
LP-12499-2002

______________________________________________________________________

SPECIFIC USE

ADJUVANT

______________________________________________________________________
PHYSICAL STATE

SOLUBLE CONCENTRATE (SL)
______________________________________________________________________

PACKAGING OR CONTAINERS

PLASTIC CONTAINERS OF: 1, 4, 10, 60 and 200 LITERS OF NET CONTENT.
(20/06/02 cjrh)144 Annex 47

NOTE Nº00500 FROM THE ASSISTANTM ANAGER FOR AGRICULTURAL P ROTECTION
AND REGULATION OF THE COLOMBIAN A GRICULTURE AND LIVESTOCK NSTITUTE TO

THE DIRECTOR OF THEN ATIONALN ARCOTICS DIRECTORATE ,28 ANUARY 2003

( National Narcotics Directorate)

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

COLOMBIAN AGRICULTURE AND LIVESTOCK INSTITUTE

Reply reference number
00500

Bogota, 28 January 2003

Colonel ( R )
LUIS ALFONSO PLAZAS VEGA
Director

National Narcotics Directorate
Carrera 16 A No. 79-08
Bogota, D.C.

Ref: Your letter 2003-01789 dated 24 Jan 2003

Dear Colonel;

In response the letter in reference and with the objective of supporting the authorization

that the Ministry of the Environment must grant for the temporary use of the dose of
10.4 lt/ha of glyphosate commercial formulation for coca crops spraying, we
temporarily recommend the 10.4 lt/ha dose for such purpose based on the analyses of
efficacy results with this dose submitted in the enclosed report of you’re your letter.

Similarly, we remind you that in carrying out these sprayings all technical measures
continue to be applied regarding nozzles calibration, proper mixture preparation. These
spraying shall be carried out in accordance with environmental parameters for this type

of spraying.

Sincerely,

145Annex 47

[signed]

CARLOS A. KLEEFELD PATERNOSTRO
MANAGEMENT OFFICE SECTION OF AGRICULTURAL PROTECTION AND
REGULATION

Maria del Pilar
27-01-2003

146 Annex 48

R ESOLUTION N º099OF 31 ANUARY 2003OF THE M INISTRY FOR THEENVIRONMENT
OFC OLOMBIA

(Official Journal No. 45.104, of 21 February 2003, Excerpts)

[…]

[Page 6]

RESOLUTION NO. 099 OF 2001

(January 31)

Whereby Resolution 1065 dated 26 November 2001 is partially amended

The (Acting) Vice Minister of the Environment in exercise of its legal faculties
conferred to under Law 99 of 1993, Decree 1728 of 2002, and especially the functions
delegated on under Resolutions 0843 and 0920 of 2002, and

WHEREAS

The Ministry of the Environment by Resolution 1065 of 2001 imposed the
Environmental Management Plan submitted by the National Narcotics Directorate –
DNE- for the activity called “Program for the Eradication of Illicit Crops by Aerial
Spraying with Glyphosate” (PECIG) on the national territory;

[…]

[Page 7]

Pursuant to the provisions of Resolution 1065 of 2001, the Ministry for the
Environment accepts the opinion issued by the Instituto Colombiano Agropecuario
[Colombian Agriculture and Livestock Institute], ICA, for the provisional increase of
the dose of the commercial formula of the glyphosate herbicide to 10.4 liters/ha, the mix

being Roundup 480 SL (10.4 liters/ha) + Cosmo-Flux 411 (0.25 liters) + water (13
liters), for the eradication of coca crops, in the framework of the Program for the
eradication of illicit crops with glyphosate [PECIG] in the national territory,

[…]

147Annex 48

RESOLVES

Article 1. Modify the reasoning part of Resolution 1065 of 2001, by which an

Environmental Management Plan was imposed on the National Narcotics Directorate –
DNE- for the activity called “Program for the Eradication of Illicit Crops by Aerial
Spraying with Glyphosate”, PECIG, in the national territory, by accepting the
recommendation issued by the Colombian Agriculture and Livestock Institute, ICA, for
the provisional increase of the dose of the commercial formula of the glyphosate
herbicide to 10.4 litres/ha, the mix being Roundup 480 SL (10.4 litres/ha) + Cosmo-

Flux 411 (0.25 litres) + water (13 liters), for the eradication of coca crops, in the
framework of the Program for the eradication of illicit crops with glyphosate [PECIG]
in the national territory, in accordance with the reasoning section of this administrative
act.

Article 2. The National Narcotics Directorate, DNE, is granted a twelve (12)-month
term, starting from the date this administrative act enters in force, to submit to the

Ministry for the Environment the results of the evaluation of efficiency of glyphosate
application, of its residual action and the one of its metabolite AMPA in soils.

Article 3. Ratify the other parts of Resolution 1065 dated 26 November 2001.

Article 4. The National Narcotics Directorate, DNE, will inform in writing to

contractors and in general all personnel involved in the activity described in Article 1
about the adopted modifications.

Article 5. The Ministry for the Environment, the Colombian Agriculture and Livestock
Institute, and the Health Ministry within their competences will supervise the execution
of the activity and are entitled to verify at any moment compliance with guidelines and

obligations established in the present ruling.

Article 6. Notify the content of this resolution through the License Division of this
Ministry to the National Narcotics Directorate, DNE, […]

[Page 8]

[…] the Ombudsman’s Office, the Legal Representative of Fundepublico or those
legally acting on its behalf, and Ms. Claudia Samper and Hector Suarez, who are a third
party in this process.

148 RESOLVES

Article 1. Modify the reasoning part of Resolution 1065 of 2001, by which an
Environmental Management Plan was imposed on the National Narcotics Directorate –

DNE- for the activity called “Program for the Eradication of Illicit Crops by Aerial
Spraying with Glyphosate”, PECIG, in the national territory, by accepting the
recommendation issued by the Colombian Agriculture and Livestock Institute, ICA, for
the provisional increase of the dose of the commercial formula of the glyphosate
herbicide to 10.4 litres/ha, the mix being Roundup 480 SL (10.4 litres/ha) + Cosmo-
Flux 411 (0.25 litres) + water (13 liters), for the eradication of coca crops, in the
framework of the Program for the eradication of illicit crops with glyphosate [PECIG]

in the national territory, in accordance with the reasoning section of this administrative
act.

Article 2. The National Narcotics Directorate, DNE, is granted a twelve (12)-month
term, starting from the date this administrative act enters in force, to submit to the
Ministry for the Environment the results of the evaluation of efficiency of glyphosate
application, of its residual action and the one of its metabolite AMPA in soils.

Article 3. Ratify the other parts of Resolution 1065 dated 26 November 2001.

Article 4. The National Narcotics Directorate, DNE, will inform in writing to
contractors and in general all personnel involved in the activity described in Article 1
about the adopted modifications.

Article 6. Notify the content of this resolution through the License Division of this
Ministry to the National Narcotics Directorate, DNE, […]

[Page 8]

[…] the Ombudsman’s Office, the Legal Representative of Fundepublico or those
legally acting on its behalf, and Ms. Claudia Samper and Hector Suarez, who are a third
party in this process.150 Annex 49

RESOLUTION Nº013 OF 27 UNE 2003 OF THE NATIONAL NARCOTICS COUNCIL OF
COLOMBIA

(Official Journal No. 45.264, 30 June 2003)

RESOLUTION 0013 OF 2003

(June 27)

Whereby the Resolutions 0001 of 11 February 1994 and 0005 of 11 August 2
000 are
revoked and a new procedure for the Program for the Eradication of Illicit Crops is
adopted

THE NATIONAL NARCOTICS COUNCIL
further to its legal powers, and especially those conferred on it by article paragraph a),
b), c), and specially, paragraph g) of Law 30 of 1986, and

WHEREAS:

The drug trafficking business produces adverse effects on democratic governance;

Some areas in the country are still devoted to the planting of illicit crops suitable for the
development of narcotic drugs and that, for that reason there are illicit activities

associated with the production, processing, trafficking and consumption of these
substances;

The presence of such illicit crops generates harmful social consequences, whenever it

brings disturbance of public order, due to the presence of strangers in the crops regions
and the perpetration of associated criminal activities. These activities alter peace and
harmony, which are necessary for in a communitarian State;

In many regions of the country the planting of illicit crops involves the presence of

guerrilla and illegal armed groups, who violate the democratic security;

In accordance with article 79 of the Political Constitution it corresponds to the State to
ensure the right to a healthy environment for all the people;

That the National Government has the obligation to maintain public order in the
country, through the security conditions conservation, the health and morality required

151Annex 49

for the harmony coexistence and so any strategy contributes to overcome the complex
problem of drugs, as that purpose is encompassed within the duties of the State, as
required application and development of the legislative decisions contained in the

National Drug Control Policy;

The manuals of the United Nations Organization for the fight against drugs prescribed
the following methods for the eradication of illicit crops: Manual, mechanical, by
burning, biological and chemical;

In January 1992, the National Narcotics Council authorized the aerial controlled
spraying of illicit cultivation of poppy, through the use of glyphosate chemical agent,
facing the unusual increase in those crops and as a mechanism of control, in compliance
with law;

Paragraph a) of article 91 of Law 30 of 1986, assigns to the National Narcotics Council
the role of "Formulate, for adoption by the National Government, policies, plans and

programs that the public and private entities should advance to the fight against the
production, trade and use of dependence-producing drugs. Also, the Council will
propose measures to control the illicit use of such drugs";

Paragraph g) of article 91 of Law 30 of 1986, assigns to the National Narcotics Council
the role of "Instruct the destruction of marijuana and coca crops, and other plantations

of which substances can be extracted and cause dependence, using the most suitable
means, prior approval of the responsible organisms to ensure the population health and
the preservation and balance of the country ecosystem";

A favorable concept on this issue was requested and obtained, in terms of article 91, (g)
of Law 30 of 1986, to the Ministry of Health and the National Institute of Renewable

Natural Resources and the Environment, INDERENA, as reflected in the letters dated
11 and 8 October 1993, respectively, signed by the Minister of Health and by the
General Manager of the Institute, authorities responsible to ensure the population health
and environment prevention. Said letters read as follow in the relevant parts:

“Regarding the opinion requested by that Directorate about spraying illicit coca and

marijuana crops with herbicides requested in your letter of last September, I allow
myself to remind your Office that in January 1991, the National Narcotics Council
established an action strategy based on universal principles on prior detection of crop
areas, choice of application method, and operation parameters”

152for the harmony coexistence and so any strategy contributes to overcome the complex
problem of drugs, as that purpose is encompassed within the duties of the State, as
required application and development of the legislative decisions contained in the
National Drug Control Policy;

In January 1992, the National Narcotics Council authorized the aerial controlled
spraying of illicit cultivation of poppy, through the use of glyphosate chemical agent,

facing the unusual increase in those crops and as a mechanism of control, in compliance
with law;

Paragraph a) of article 91 of Law 30 of 1986, assigns to the National Narcotics Council
the role of "Formulate, for adoption by the National Government, policies, plans and
programs that the public and private entities should advance to the fight against the
production, trade and use of dependence-producing drugs. Also, the Council will

propose measures to control the illicit use of such drugs";

Paragraph g) of article 91 of Law 30 of 1986, assigns to the National Narcotics Council
the role of "Instruct the destruction of marijuana and coca crops, and other plantations
of which substances can be extracted and cause dependence, using the most suitable
means, prior approval of the responsible organisms to ensure the population health and
the preservation and balance of the country ecosystem";

A favorable concept on this issue was requested and obtained, in terms of article 91, (g)
of Law 30 of 1986, to the Ministry of Health and the National Institute of Renewable
Natural Resources and the Environment, INDERENA, as reflected in the letters dated
11 and 8 October 1993, respectively, signed by the Minister of Health and by the
General Manager of the Institute, authorities responsible to ensure the population health
and environment prevention. Said letters read as follow in the relevant parts:

“Regarding the opinion requested by that Directorate about spraying illicit coca and
marijuana crops with herbicides requested in your letter of last September, I allow
myself to remind your Office that in January 1991, the National Narcotics Council
established an action strategy based on universal principles on prior detection of crop
areas, choice of application method, and operation parameters”Annex 49

Detection will have to identify and characterize the affected areas by illicit crops, as
well as determining the exclusion zones, based on satellite images;

During the phase of spraying planned operations of eradication it will take place in
conjunction with the environmental authorities and national and regional order control
agencies;

During verification phase the performance of the technical parameters will be assessed
and reports of operation results will be prepared;

According to Law 99, 1993, Decree 1843 of 1991 and Resolution 3079 of 1995, it
corresponds to Ministry of Social Protection, Ministry of Agriculture and Environment
and Rural Development, Ministry of Housing and Land Development, to establish
mechanisms to monitor and control risks arising from the use and handling of pesticides

The scope of the roles and responsibilities of the entities engaged in the program for the

eradication of illicit crops that enable the coordination and participation in the solution
of problems caused by the program should be clarified;

and Land Development through the Colombian Agricultural Institute, ICA; at regional
level: the Governorates, the Regional Autonomous Corporations, the Sectional Health
and the ICA. At the municipal level through the Mayor Office and respective
secretariats;

According to Law 99 of 1993, management and conservation of environmental and

renewable natural resources corresponds to Ministry of Agriculture and Environment
and Rural Development;

The tenor of paragraph 18 of article ibidem 5, according to the provisions of Decree
1124 to 1999, the Ministry of Environment, Housing and Land Development, through
the Special Administrative Unit of the System of National Parks it corresponds to the

management and administration of the areas integrating the National Parks System and
coordination and implementation of the Protected Areas National System, SINAP;

In accordance with article 87 of Decree 1843 1991 “security strip”, provides that the
application of pesticides in rural areas may not be made to less than 10 meters by land

154Detection will have to identify and characterize the affected areas by illicit crops, as
well as determining the exclusion zones, based on satellite images;

During the phase of spraying planned operations of eradication it will take place in

conjunction with the environmental authorities and national and regional order control
agencies;

During verification phase the performance of the technical parameters will be assessed
and reports of operation results will be prepared;

According to Law 99, 1993, Decree 1843 of 1991 and Resolution 3079 of 1995, it

corresponds to Ministry of Social Protection, Ministry of Agriculture and Environment
and Rural Development, Ministry of Housing and Land Development, to establish
mechanisms to monitor and control risks arising from the use and handling of pesticides

The scope of the roles and responsibilities of the entities engaged in the program for the
eradication of illicit crops that enable the coordination and participation in the solution
of problems caused by the program should be clarified;

According to their jurisdiction, the authorities who must follow environmental, health
and the epidemiological PECIG are: at national level, the Ministry of Social Protection,
Ministry of Agriculture and Environment and Rural Development, Ministry of Housing
and Land Development through the Colombian Agricultural Institute, ICA; at regional
level: the Governorates, the Regional Autonomous Corporations, the Sectional Health
and the ICA. At the municipal level through the Mayor Office and respective

secretariats;

According to Law 99 of 1993, management and conservation of environmental and
renewable natural resources corresponds to Ministry of Agriculture and Environment
and Rural Development;

The tenor of paragraph 18 of article ibidem 5, according to the provisions of Decree
1124 to 1999, the Ministry of Environment, Housing and Land Development, through

the Special Administrative Unit of the System of National Parks it corresponds to the
management and administration of the areas integrating the National Parks System and
coordination and implementation of the Protected Areas National System, SINAP;

In accordance with article 87 of Decree 1843 1991 “security strip”, provides that the
application of pesticides in rural areas may not be made to less than 10 meters by landAnnex 49

trade, use and possession of drugs, the same as cultivation of plants from which they
occur, according to the provisions of Law 30 of 1986 and other provisions added or
reformed";

In accordance with the established content in article 12 of Law 785 of 2002, it
corresponds to the environmental authority to develop implementation and control of
environmental management plan for the purposes of forced eradication of illicit crops;

In accordance with the established content in article 13 of Law 785 of 2002, it

corresponds to National Narcotics Directorate to advise and support the National
Narcotics Council and the National Government, in the policies and programs
formulation in the fight against the production, trafficking and abuse of drugs producing
dependency;

In agreement with what was approved by the National Narcotics Council; the policy of
reducing the offer will be coordinated by the Ministry of National Defense,

RESOLVES:

Article 1°.The Program for the Eradication of Illicit Crops with glyphosate herbicide,
hereafter PECIG, under the responsibility o of the National Police- Antinarcotics
Direction will operate in all regions of the country where presence of illicit crops is

determined. The areas of illicit crops split and/or mingled with lawful crops, which
correspond to forms of cultivation used to evade the actions of PECIG, will also be
target of the program.

The PECIG shall have an Environmental Management Plan designed, implemented and
controlled by the Ministry for Environment, Housing and Territorial Development in

coordination with the National Police – Anti-Narcotics Direction.

Paragraph 1°. Definitions:

Split crops area: That area of land that is divided by live and/or artificial barriers,
sequence of plantations licit, cultivation of food crops or native forest, with illicit crops.

Mingled crops area: That planting that presents licit and illicit plants.

Paragraph 2°. Natural National Parks System. Taking into account that there is evidence
of illicit crop within these areas, which threatens their conservation and sustainability,
the implementation of PECIG is authorized therein, following the submission to the

156trade, use and possession of drugs, the same as cultivation of plants from which they
occur, according to the provisions of Law 30 of 1986 and other provisions added or
reformed";

In accordance with the established content in article 13 of Law 785 of 2002, it

In agreement with what was approved by the National Narcotics Council; the policy of
reducing the offer will be coordinated by the Ministry of National Defense,

RESOLVES:

determined. The areas of illicit crops split and/or mingled with lawful crops, which
correspond to forms of cultivation used to evade the actions of PECIG, will also be
target of the program.

The PECIG shall have an Environmental Management Plan designed, implemented and
controlled by the Ministry for Environment, Housing and Territorial Development in

coordination with the National Police – Anti-Narcotics Direction.

Paragraph 1°. Definitions:

Split crops area: That area of land that is divided by live and/or artificial barriers,
sequence of plantations licit, cultivation of food crops or native forest, with illicit crops.

Mingled crops area: That planting that presents licit and illicit plants.

Antinarcotics Direction, Office of the National General Attorney, Plan Colombia,
Geographical Institute Agustin Codazzi - Soil Laboratory, Colombian Agriculture and
Livestock Institute and an Assistant Director of the National Narcotics Directorate.

The representatives or delegates from each institution should be responsible in each of
the areas whose functions are related to the development of PECIG.

The representatives of public and private sector may be invited to meetings of the
Committee.

Article 4°. The Technical Inter-institutional Committee will have the following features:

1. Carry out, when deemed necessary, internal audits to the PECIG, and to report the
results to the National Narcotics Council.

2. Know about the results of complaints attention of alleged damage caused by the

PECIG.

3. Recommend training programs on the activities inherent in the PECIG.

4. Promote the contracting of the Technical External Audit, in terms of article 5 of this
resolution.

5. Know about the results of the Technical External Audit, which will be presented to
the National Narcotics Council by the National Narcotic Director.

6. The Committee will have ordinary meetings each three months, and extraordinary
meetings when one of its members so requests it.

Paragraph 1°. The logistical support for members or delegates of the Committee
transportation to the operation bases and areas of spraying corresponds to the National
Police – Antinarcotics Directorate.

Paragraph 2°. The costs required by the entities of the Committee for their functions

development, which are not covered in the respective operating costs, may be applied to
the National Narcotics Council, with activities to be done and the projected budget
supports. The said request must be processed through the Executive Secretariat of the
Council.

158Antinarcotics Direction, Office of the National General Attorney, Plan Colombia,
Geographical Institute Agustin Codazzi - Soil Laboratory, Colombian Agriculture and
Livestock Institute and an Assistant Director of the National Narcotics Directorate.

The representatives or delegates from each institution should be responsible in each of
the areas whose functions are related to the development of PECIG.

The representatives of public and private sector may be invited to meetings of the
Committee.

Article 4°. The Technical Inter-institutional Committee will have the following features:

1. Carry out, when deemed necessary, internal audits to the PECIG, and to report the
results to the National Narcotics Council.

2. Know about the results of complaints attention of alleged damage caused by the

PECIG.

3. Recommend training programs on the activities inherent in the PECIG.

4. Promote the contracting of the Technical External Audit, in terms of article 5 of this
resolution.

5. Know about the results of the Technical External Audit, which will be presented to
the National Narcotics Council by the National Narcotic Director.

6. The Committee will have ordinary meetings each three months, and extraordinary
meetings when one of its members so requests it.

Paragraph 2°. The costs required by the entities of the Committee for their functions

RESOLUTION N º1054OF 30 SEPTEMBER 2003OF THE M INISTRY FOR THE
ENVIRONMENT OF C OLOMBIA

(Ministry for the Environment, Housing, and Territorial Development of Colombia)

RESOLUTION No. 1054

(30 September 2003)

"Whereby an Environmental Management Plan is modified and other decisions are
made."

THE MINISTER FOR THE ENVIRONMENT, HOUSING AND TERRITORIAL
DEVELOPMENT,

further to its legal powers, and especially those conferred on her by Law 99 of
1993, Decree 1753 of 1994 and Decree 1180 of 2003, and

WHEREAS

The "Program for the Eradication of Illicit Crops by Aerial Spraying with Glyphosate"
(PECIG) is being executed in Colombia.

Each and every activity and component of this program should be set within the context
of current environmental regulations so that constitutional assumptions can be complied
with, which impose a duty on the State to protect environmental diversity and integrity,
preserve areas of special ecological importance, and stimulate education so that these

goals may be attained.

The State should likewise, in furtherance of PECIG, prevent and control factors which
might harm the environment, impose legal sanctions, and demand redress for damage
caused.

Article 144 in Law 9 of 1979, the National Sanitary Code, which is currently in force,
establishes that waste material from application operations should not be poured
directly into water courses or reservoirs, the ground or the air. They should be subjected
to treatment and disposed of in such a way that they do not pose health risk.

Article 87 in Decree 1843 of 1991, which regulates Law 9 of 1979, reads as follows:
"The Safety Strip. The application of pesticides in rural areas may not be carried out
within 10 meters if land-based and 100 meters for aerial [spraying] as safety strips in

161Annex 50

relation to bodies of water or watercourses, main roads, human or animal nuclei, or
any other area that requires special protection".

The "Program for the Eradication of Illicit Crops by Aerial Spraying with Glyphosate"
(PECIG) has an Environmental Management Plan which was imposed by this Ministry
by means of Resolutions 1065 of 2001 and 108 of 2002, and this contains measures for
ensuring that the program is executed in accordance with current environmental
regulations.

According to the provision stipulated in Ministry Resolution No. 099 dated 31 January
2003, the dose used on coca crops in the "Program for the Eradication of Illicit Crops by
Aerial Spraying with Glyphosate" is 10.4 l/ha.

The aforementioned Environmental Management Plan was imposed at the time on the
National Narcotics Directorate (DNE), as this was the competent entity for controlling

development and execution of National Government policy on narcotics control,
prevention and repression, to which PECIG refers, in the terms stated under Number 2
in Decree 2159 of 1992, modified by means of Decree 1575 of 1997.

In an official document which was filed with this Ministry under number 3111-1-12366
on 12 August 2003, the National Narcotics Directorate (DNE) submitted an application

for the Environmental Management Plan imposed by means of Resolution 1065 of 2001
to be modified, and this application was complemented by official document number
SPD-383, which was filed with this Ministry on 18 September 2003.

Modifying Environmental Management Plan records as requested is legally viable, as
established in Article 28 in Decree 1180 of 2003, the first and third paragraphs of which

read as follows.

"TRANSITION REGIME. Any projects, works or activities for which permits,
concessions, licences and authorisations of an environmental nature have been
obtained under regulations which were in force prior to the date on which this decree is
issued shall continue their activities under the terms and conditions and with the

obligations stated in the administrative acts thus issued.

(.....)

In the aforementioned cases, the environmental authorities shall continue to carry out
the necessary control and follow-up activities, with a view to establishing whether
environmental regulations are being complied with. They may likewise stipulate, by

means of a reasoned administrative act, any additional environmental management

162relation to bodies of water or watercourses, main roads, human or animal nuclei, or
any other area that requires special protection".

The "Program for the Eradication of Illicit Crops by Aerial Spraying with Glyphosate"

(PECIG) has an Environmental Management Plan which was imposed by this Ministry
by means of Resolutions 1065 of 2001 and 108 of 2002, and this contains measures for
ensuring that the program is executed in accordance with current environmental
regulations.

According to the provision stipulated in Ministry Resolution No. 099 dated 31 January
2003, the dose used on coca crops in the "Program for the Eradication of Illicit Crops by

Aerial Spraying with Glyphosate" is 10.4 l/ha.

The aforementioned Environmental Management Plan was imposed at the time on the
National Narcotics Directorate (DNE), as this was the competent entity for controlling
development and execution of National Government policy on narcotics control,
prevention and repression, to which PECIG refers, in the terms stated under Number 2
in Decree 2159 of 1992, modified by means of Decree 1575 of 1997.

In an official document which was filed with this Ministry under number 3111-1-12366
on 12 August 2003, the National Narcotics Directorate (DNE) submitted an application
for the Environmental Management Plan imposed by means of Resolution 1065 of 2001
to be modified, and this application was complemented by official document number
SPD-383, which was filed with this Ministry on 18 September 2003.

Modifying Environmental Management Plan records as requested is legally viable, as
established in Article 28 in Decree 1180 of 2003, the first and third paragraphs of which
read as follows.

issued shall continue their activities under the terms and conditions and with the
obligations stated in the administrative acts thus issued.

(.....)

In the aforementioned cases, the environmental authorities shall continue to carry out
the necessary control and follow-up activities, with a view to establishing whether

environmental regulations are being complied with. They may likewise stipulate, by
means of a reasoned administrative act, any additional environmental managementAnnex 50

7. RECORD 7. PUBLIC HEALTH PROGRAM. This corresponds to the health care
activities included in Record No. 9 - Social Management Program - in the present
Environmental Management Plan. It is added to the Environmental Management Plan as

a new public health program.

8. RECORD 8. CONTINGENCY PLAN. This corresponds to the present Record No.
13 - Contingency Plan - in PECIG.

The proposed amendments to the PECIG Environmental Management Plan were

evaluated in Technical Opinion No. 1059 dated 24 September 2003, which stated the
following.

similar scopes and objectives, and if this is done, it will allow greater control to be
exercised in PECIG environmental management measures and improve coordination
relations with the different entities involved in the program.

We should also remember that because of the characteristics of the illicit crop
eradication activity, a dynamic Environmental Management Plan is required, one

which simplifies effective execution of the proposed activities in line with the varied
environmental, social and safety conditions in the country.

The National Narcotics Directorate has said that the National Police Anti-Narcotics
Direction, as the entity responsible for executing the Program for the Eradication of
Illicit Crops with the Herbicide Glyphosate, is faced with risks all the time in its

eradication activities because illegal armed groups are harassing and attacking the
aircraft as they spray the herbicide Glyphosate, and in many cases this is preventing the
environmental management records being implemented adequately.

This situation has been verified by the Ministry during Eradication Program
Environmental Management Plan follow-up activities, when it has also been noted that
illicit crop growers use a number of strategies to prevent areas where coca is planted

from being sprayed. These include mixing illicit crops with licit ones, planting only
sections of illicit crops, fixing wires between trees in order to try and get the fumigation
aircraft to overturn when it descends, and having extremely high isolated trees on plots
to make it more difficult for spraying aircraft to manoeuvre; these latter two situations
seriously endanger the lives of the pilots and in some cases force them to modify
program operating parameters".

1647. RECORD 7. PUBLIC HEALTH PROGRAM. This corresponds to the health care
activities included in Record No. 9 - Social Management Program - in the present
Environmental Management Plan. It is added to the Environmental Management Plan as
a new public health program.

8. RECORD 8. CONTINGENCY PLAN. This corresponds to the present Record No.
13 - Contingency Plan - in PECIG.

The proposed amendments to the PECIG Environmental Management Plan were
evaluated in Technical Opinion No. 1059 dated 24 September 2003, which stated the
following.

"The National Narcotics Directorate (DNE) proposal is based on experience gained
during execution of the Program and application of the environmental management
records, and this has revealed that a number of them can be combined in that they have
similar scopes and objectives, and if this is done, it will allow greater control to be
exercised in PECIG environmental management measures and improve coordination
relations with the different entities involved in the program.

We should also remember that because of the characteristics of the illicit crop
eradication activity, a dynamic Environmental Management Plan is required, one
which simplifies effective execution of the proposed activities in line with the varied
environmental, social and safety conditions in the country.

The National Narcotics Directorate has said that the National Police Anti-Narcotics

Direction, as the entity responsible for executing the Program for the Eradication of
Illicit Crops with the Herbicide Glyphosate, is faced with risks all the time in its
eradication activities because illegal armed groups are harassing and attacking the
aircraft as they spray the herbicide Glyphosate, and in many cases this is preventing the
environmental management records being implemented adequately.

This situation has been verified by the Ministry during Eradication Program

Environmental Management Plan follow-up activities, when it has also been noted that
illicit crop growers use a number of strategies to prevent areas where coca is planted
from being sprayed. These include mixing illicit crops with licit ones, planting only
sections of illicit crops, fixing wires between trees in order to try and get the fumigation
aircraft to overturn when it descends, and having extremely high isolated trees on plots
to make it more difficult for spraying aircraft to manoeuvre; these latter two situations
seriously endanger the lives of the pilots and in some cases force them to modify

program operating parameters".Annex 50

RECORD 5. ENVIRONMENTAL MONITORING PROGRAM. This combines Record
No. 7 - Representative and Demonstrative Plot Research Program - with No. 8 -
Environmental Monitoring Program - in the present Environmental Management Plan.

The Ministry is of the opinion that it is viable to agree to the record proposed by DNE,
since the objectives set forth in Record No. 7 in the plan that is to be modified, namely
studying ecological regeneration and dynamics in sprayed areas and determining
glyphosate residue levels in the soil and how these have affected the physical and
chemical properties thereof, are contained in the proposed record for carrying out under

real conditions on the ground in each PECIG operation nucleus. This evaluation will
thus be carried out at the same time as the environmental monitoring that is described in
the proposed record.

Meanwhile, and as a result of the considerations under Record No. 8 - Environmental
Monitoring Program - in the present Environmental Management Plan with respect to

the water, soil, vegetation cover, land use, and health of the population in sprayed areas
components, the objective is to carry out follow-up of the effects on these components.
It is thus considered that the proposed record adequately covers the activities and
indicators of the two earlier records (7 and 8).

RECORD 6. SOCIAL MANAGEMENT AND COMMUNICATION PROGRAM. This

combines Record No. 9 - Social Management Program - with No. 10 - Educational
Communication Program - and No. 12 - Environmental Administration and Inter-
Institutional Coordination Program.

The Ministry authorizes the records to be altered and combined as proposed by DNE.

RECORD 7. PUBLIC HEALTH PROGRAM. This corresponds to the health care
activities included in Record No. 9 - Social Management Program - in the present
Environmental Management Plan. It is added to the Environmental Management Plan
as a new public health program.

The Ministry authorizes the activities proposed in the record since they complement the
Environmental Management Plan.

RECORD 8. CONTINGENCY PLAN. This corresponds to the present Record No. 13 -
Contingency Plan - in PECIG.

The Ministry agrees to the amendment to the record proposed by DNE.

166RECORD 5. ENVIRONMENTAL MONITORING PROGRAM. This combines Record
No. 7 - Representative and Demonstrative Plot Research Program - with No. 8 -
Environmental Monitoring Program - in the present Environmental Management Plan.

the proposed record.

Meanwhile, and as a result of the considerations under Record No. 8 - Environmental
Monitoring Program - in the present Environmental Management Plan with respect to
the water, soil, vegetation cover, land use, and health of the population in sprayed areas
components, the objective is to carry out follow-up of the effects on these components.
It is thus considered that the proposed record adequately covers the activities and

indicators of the two earlier records (7 and 8).

RECORD 6. SOCIAL MANAGEMENT AND COMMUNICATION PROGRAM. This
combines Record No. 9 - Social Management Program - with No. 10 - Educational
Communication Program - and No. 12 - Environmental Administration and Inter-
Institutional Coordination Program.

The Ministry authorizes the records to be altered and combined as proposed by DNE.

The Ministry authorizes the activities proposed in the record since they complement the
Environmental Management Plan.

RECORD 8. CONTINGENCY PLAN. This corresponds to the present Record No. 13 -
Contingency Plan - in PECIG.

The Ministry agrees to the amendment to the record proposed by DNE.Annex 50

2.2.1. Monitoring will be planned in conjunction with the National Police - Anti-
Narcotics Direction, the National Health Institute, and the Agustín Codazzi
Geographical Institute.

2.2.2. The taking of water and soil samples and the packing of these will be done by
IGAC technicians in the case of soil samples and INS or technicians trained by INS in
the case of water samples.

2.2.3. Samples will be sent to laboratories by the technicians who took them.

2.2.4. IGAC and INS, respectively, will carry out soil and water laboratory analyses and
publish results.

2.2.5. The National Narcotics Directorate (DNE) will compile results for the nuclei and
with the frequencies stated in the record and submit them to this Ministry.

3. National Narcotics Directorate (DNE) - Record Number 6.

4. The Ministry of Social Protection (National Health Institute at national level and
Regional Health Divisions in Provinces, Districts and Towns) will be responsible for
Record No. 7.

Technical Opinion No. 1059 dated 24 September 2003 concludes that it is technically
and environmentally viable to modify the Environmental Management Plan for the
Program for the Eradication of Illicit Crops with the Herbicide Glyphosate (PECIG) in
the manner proposed by the National Narcotics Directorate (DNE) and in accordance
with the aforementioned considerations, with the obligations which will be established

in the resolution part of this ruling.

By virtue of the foregoing, this Office hereby reassumes the competence which was
delegated in Resolution 307 of 2003, and in the resolution part of this ruling will
proceed to modify the Environmental Management Plan which was imposed for the
activity referred to as "Program for the Eradication of Illicit Crops by Aerial Spraying

with Glyphosate" (PECIG) in Colombia.

By virtue of the foregoing, it is hereby

RESOLVES:

Article 1. To modify Resolution 1065 dated 26 November 2001 and Resolution 108
dated 31 January 2002, in order to adjust the Environmental Management Plan records

1682.2.1. Monitoring will be planned in conjunction with the National Police - Anti-
Narcotics Direction, the National Health Institute, and the Agustín Codazzi
Geographical Institute.

2.2.2. The taking of water and soil samples and the packing of these will be done by
IGAC technicians in the case of soil samples and INS or technicians trained by INS in
the case of water samples.

2.2.3. Samples will be sent to laboratories by the technicians who took them.

2.2.4. IGAC and INS, respectively, will carry out soil and water laboratory analyses and

publish results.

2.2.5. The National Narcotics Directorate (DNE) will compile results for the nuclei and
with the frequencies stated in the record and submit them to this Ministry.

3. National Narcotics Directorate (DNE) - Record Number 6.

4. The Ministry of Social Protection (National Health Institute at national level and
Regional Health Divisions in Provinces, Districts and Towns) will be responsible for
Record No. 7.

the manner proposed by the National Narcotics Directorate (DNE) and in accordance
with the aforementioned considerations, with the obligations which will be established
in the resolution part of this ruling.

activity referred to as "Program for the Eradication of Illicit Crops by Aerial Spraying
with Glyphosate" (PECIG) in Colombia.

By virtue of the foregoing, it is hereby

RESOLVES:

Article 1. To modify Resolution 1065 dated 26 November 2001 and Resolution 108
dated 31 January 2002, in order to adjust the Environmental Management Plan recordsAnnex 50

Each of the entities listed in Article Two hereinabove should inform the Ministry of the
Environment, Housing and Regional Development in writing of any modification to
Environmental Management Plan conditions, so that these may be evaluated and

approved.

Article 5. The Ministry of the Environment, Housing and Regional Development shall
supervise execution of the activity and may at any time check that the guidelines and
obligations established in this ruling and in the Environmental Management Plan are
being adhered to.

Article 6. The entities which are referred to in Article Two hereinabove shall be
responsible for any environmental deterioration and/or damage which might be
attributable to them and has been caused in furtherance of the "Program for the
Eradication of Illicit Crops by Aerial Spraying with Glyphosate", within the scope and
extent of their competence and the responsibilities which are assigned to them herein.

Article 7. The National Narcotics Directorate (DNE) should publish this administrative
act and the eight (8) records which make up the Environmental Management Plan
within ten (10) days of the date on which it is notified thereof, and should submit a copy
of the same to this Ministry.

Article 8. The Delegate Attorney's Office for Environmental and Agricultural Affairs,
the Colombian Agriculture and Livestock Institute (ICA), the National Narcotics
Council, the Regional Autonomous Corporations and the Sustainable Development
Corporation are to be notified of the present ruling through the Legal Secretariat of this
Ministry.

Article 9. Motion to set aside applies with respect to this Resolution, and may be filed
with this Ministry within five (5) days of notice being served hereof subject to all legal
requirements being met, as stipulated in Articles 50, 51 and 52 in the Administrative
Code.

BE IT NOTIFIED, COMMUNICATED, PUBLISHED AND COMPLIED WITH.

(signed)
CECILIA RODRIGUEZ GONZALEZ RUBIO
Minister

SPRAYING OPERATIONS MANAGEMENT PROGRAM

170Each of the entities listed in Article Two hereinabove should inform the Ministry of the
Environment, Housing and Regional Development in writing of any modification to
Environmental Management Plan conditions, so that these may be evaluated and

approved.

Article 8. The Delegate Attorney's Office for Environmental and Agricultural Affairs,
the Colombian Agriculture and Livestock Institute (ICA), the National Narcotics •
Council, the Regional Autonomous Corporations and the Sustainable Development
Corporation are to be notified of the present ruling through the Legal Secretariat of this
Ministry.
•

Article 9. Motion to set aside applies with respect to this Resolution, and may be filed •
with this Ministry within five (5) days of notice being served hereof subject to all legal •
requirements being met, as stipulated in Articles 50, 51 and 52 in the Administrative
Code.

BE IT NOTIFIED, COMMUNICATED, PUBLISHED AND COMPLIED WITH.

(signed)
CECILIA RODRIGUEZ GONZALEZ RUBIO •
Minister
•
SPRAYING OPERATIONS MANAGEMENT PROGRAM
•Annex 50

Maintenance, Checks, and Calibration

Before every mission, the technical personnel at the National Police Anti-Narcotics
Direction (DIRAN is the Colombian acronym) operations base must check the

operational condition of the spraying equipment, and if need be, adjust the equipment.

DIRAN will keep a file of maintenance, check, and calibration reports.

3.2 Technical and Environmental Specifications in the Different PECIG Phases

The spraying process is carried out in three phases: detecting the illicit crops to be

sprayed, spraying, and verification.

3.2.1. Detection Measures

The purpose of the detection process is to identify, characterize, and locate the zones
with illicit crops and the zones to be excluded from the programs, using geographical
coordinates.

Such characterization will be supported by satellite imagery, aerial photography, and
cartography. The ARECI-DIRAN personnel will do the field work to carry out this
activity and its main objective is to identify how the soil is used, the presence of
settlements, and the delimitation of National Protected Area System zones, ecologically
fragile zones and environmentally, socially, and economically sensitive zones, in order
to create the basic environmental zoning for each operation.

To do so, there must be strict compliance with 1991 Decree 1843 Article 87 referring to
security zones and with Article 1, Paragraph 2 in National Narcotics Council Resolution
0013 dated June 27, 2003.

The environmental zoning will be delivered, in accordance with the available

cartography for operations already carried out and with the frequency stipulated by the
Ministry of the Environment, Housing, and Territorial Development.

3.2.2. Spraying Measures

For reasons of security and due to the location of and access to the fields with illicit
crops, the spraying must be done using proper aircraft that comply with the parameters

in Chart # 1.

3.2.2.1. Operational Parameters

172Maintenance, Checks, and Calibration

Before every mission, the technical personnel at the National Police Anti-Narcotics
Direction (DIRAN is the Colombian acronym) operations base must check the

operational condition of the spraying equipment, and if need be, adjust the equipment.

DIRAN will keep a file of maintenance, check, and calibration reports.

3.2 Technical and Environmental Specifications in the Different PECIG Phases

The spraying process is carried out in three phases: detecting the illicit crops to be

sprayed, spraying, and verification.

3.2.1. Detection Measures

The purpose of the detection process is to identify, characterize, and locate the zones
with illicit crops and the zones to be excluded from the programs, using geographical
coordinates.

The environmental zoning will be delivered, in accordance with the available

cartography for operations already carried out and with the frequency stipulated by the
Ministry of the Environment, Housing, and Territorial Development.

3.2.2. Spraying Measures

For reasons of security and due to the location of and access to the fields with illicit
crops, the spraying must be done using proper aircraft that comply with the parameters

in Chart # 1.

3.2.2.1. Operational ParametersAnnex 50

Maximum Knots 5
Wind Velocity
For this purpose, there must be strict compliance with 1991 Decree 1843 Article 102
that refers to the pilots’ obligations. Likewise, all other articles therein applicable to the

program must be taken into account.

3.2.2.2. Other Factors to Bear in Mind during the Spraying Operations

There are other factors that enable increasing the operational efficiency of aerial

spraying using Glyphosate, without exceeding technical and economical thresholds;
therefore, we recommend not spraying when:

• The fields are plowed or have very limited foliage (only stalks or crops
harvested).
• There is imminence of rain or there is rain nearby

• There is evidence of the phenomenon of inverse currents or clouds near the
ground. This phenomenon occurs especially in hilly or mountainous areas and in the
wee hours of the morning in rainforest zones.
• The pilot has doubts about being able to identify the illicit crop to be sprayed.
• The aircraft is attacked, the equipment damaged or the operational personnel is

ill.

3.2.3. Verification

The Eradication Program by aerial spraying with Glyphosate must be verified in order
to evaluate the efficiency and effectiveness of the environmental management

measures.

3.2.3.1. Measures to Verify Environmental Impact

In parallel with the verification activities directly related to the efficacy of the illicit
crop spraying, an environmental evaluation must be made, for the purpose of
qualitatively estimating its magnitude (light / moderate / severe). This will be done,
bearing in mind:

• Identification of the number of houses on the sprayed parcel, by their location in
the airplane trajectory

174 Maximum Knots 5
Wind Velocity
For this purpose, there must be strict compliance with 1991 Decree 1843 Article 102
that refers to the pilots’ obligations. Likewise, all other articles therein applicable to the

program must be taken into account.

3.2.2.2. Other Factors to Bear in Mind during the Spraying Operations

There are other factors that enable increasing the operational efficiency of aerial

spraying using Glyphosate, without exceeding technical and economical thresholds;
therefore, we recommend not spraying when:

• The fields are plowed or have very limited foliage (only stalks or crops
harvested).
• There is imminence of rain or there is rain nearby

ill.

3.2.3. Verification

The Eradication Program by aerial spraying with Glyphosate must be verified in order
to evaluate the efficiency and effectiveness of the environmental management

measures.

3.2.3.1. Measures to Verify Environmental Impact

• Identification of the number of houses on the sprayed parcel, by their location in
the airplane trajectoryAnnex 50

Also, the Ministry of the Environment, Housing, and Territorial Development, the
Ministry of Social Protection, the Colombian Agriculture and Livestock Institute, the

National Attorney General’s Office, the National General Prosecutor’s Office, Plan
Colombia, and other institutions that it is deemed relevant to summon may be invited to
participate in the verification process, as observers.

3.2.3.1.4. Writing up the Final Report

The results of the verification process must be submitted in a document containing:

• The verification activity participants
• Verification acts
• Process methodology

• Results
• Recommendations
• Photographic record or video of the sampled parcels and sectors.

4. FOLLOW-UP

DIRAN will be in charge of the follow-up on the different activities herein. Therefore, it
must have the records of the results achieved in the spraying operations.

5. ENTITY IN CHARGE

The National Police Anti-Narcotics Direction is in charge of carrying out the activities
indicated herein.

END OF THE RECORD
SPRAYING OPERATIONS MANAGEMENT PROGRAM

INDUSTRIAL SAFETY PROGRAM ON THE OPERATIONS BASES
RECORD # 2

1. ACTIVITY DESCRIPTION
An industrial safety program is related to the proper handling of substances used for
spraying illicit crops, fuels, lubricants, equipment, aircrafts, ground vehicles and
machinery, as well as the occupational health care and industrial safety measures on the

operations bases and in the air, whose improper performance may increase the

176 Also, the Ministry of the Environment, Housing, and Territorial Development, the
Ministry of Social Protection, the Colombian Agriculture and Livestock Institute, the

3.2.3.1.4. Writing up the Final Report

The results of the verification process must be submitted in a document containing:

• The verification activity participants
• Verification acts
• Process methodology

• Results
• Recommendations
• Photographic record or video of the sampled parcels and sectors.

4. FOLLOW-UP

DIRAN will be in charge of the follow-up on the different activities herein. Therefore, it
must have the records of the results achieved in the spraying operations.

5. ENTITY IN CHARGE

The National Police Anti-Narcotics Direction is in charge of carrying out the activities
indicated herein.

END OF THE RECORD
SPRAYING OPERATIONS MANAGEMENT PROGRAM

INDUSTRIAL SAFETY PROGRAM ON THE OPERATIONS BASES
RECORD # 2

operations bases and in the air, whose improper performance may increase theAnnex 50

To prevent, control and mitigate the adverse or undesired events related to the improper
handling of farming chemicals, fuels, lubricants, equipment, aircrafts, ground vehicles
and machinery.

3. ACTIVITIES TO BE CARRIED OUT

3.1. FARMING CHEMICAL PRODUCT MANAGEMENT

For the storage, handling, application, transportation and disposal of debris and

residues, apply the measures embodied in the norms in force in 1986 Resolution 2309,
1991 Law 430, 1991 Decree 1843 and the regulations that modify them, add to them or
substitute them, as well as in applicable environmental standards.

The specific activities are consigned in the National Police Anti-Narcotics Direction
instructions that address total safety measures for the operations base platforms.

3.2. RAW MATERIAL AND EQUIPMENT MANAGEMENT

3.2.1 FUEL AND LUBRICANT MANAGEMENT

For the storage, handling, application, transportation of fuels, lubricants and disposal of

debris and residues, implement the measures embodied in the following Colombian
technical standards 1899, 1417, 4643, 5011 and in the 2002 Regulation Decree 1609
and in the standards that modify it, add to it or substitute it and that are applicable to it,
given the special characteristics of this program.

3.2.2 AIRCRAFT, GROUND VEHICLE, EQUIPMENT AND MACHINERY

MANAGEMENT

For the operation and maintenance of aircrafts, ground vehicles, equipment and
machinery available on the operations bases, follow the guidelines available at the
National Police Anti-Narcotics Direction and especially the instructions contained in the
manufacturer’s operating manuals.

3.3. OCCUPATIONAL HEALTH AND INDUSTRIAL SAFETY MEASURES

Follow the measures embodied in the National Police Occupational Health and
Industrial Safety internal regulations, as well as the standards provided for in 1979 Law
9, Heading III Occupational Health and the decrees that regulate it.

178To prevent, control and mitigate the adverse or undesired events related to the improper
handling of farming chemicals, fuels, lubricants, equipment, aircrafts, ground vehicles
and machinery.

3. ACTIVITIES TO BE CARRIED OUT

3.1. FARMING CHEMICAL PRODUCT MANAGEMENT

For the storage, handling, application, transportation and disposal of debris and

The specific activities are consigned in the National Police Anti-Narcotics Direction
instructions that address total safety measures for the operations base platforms.

3.2. RAW MATERIAL AND EQUIPMENT MANAGEMENT

3.2.1 FUEL AND LUBRICANT MANAGEMENT

For the storage, handling, application, transportation of fuels, lubricants and disposal of

MANAGEMENT •
•
For the operation and maintenance of aircrafts, ground vehicles, equipment and •
machinery available on the operations bases, follow the guidelines available at the
National Police Anti-Narcotics Direction and especially the instructions contained in the
manufacturer’s operating manuals.

3.3. OCCUPATIONAL HEALTH AND INDUSTRIAL SAFETY MEASURES

• Inspection of the farming chemical and fuel storage and pumping systems, to
detect possible potential risks and incidents.

• Inspection of and follow-up on the following activities:
• Operation and maintenance of the aircrafts used for spraying
• Operation and maintenance of the machinery and equipment used in
PECIG activities
• Verification of and follow-up on training programs.
• Verification of occupational health and industrial safety measure compliance.

The follow-up will be done on a monthly basis.

5. ENTITY IN CHARGE

The National Police Anti-Narcotics Direction is in charge of carrying out the activities
herein.

END OF THE RECORD
INDUSTRIAL SAFETY PROGRAM ON THE OPERATIONS BASES

SOLID WASTE MANAGEMENT PROGRAM
RECORD # 3

1. ACTIVITY DESCRIPTION

Carrying out the activities proper to the National Police Anti-Narcotics Direction and
the spraying operations using the herbicide mixture produces various types of solid
waste:

• Solid domestic waste (SDW): due to its condition, nature, composition, and
volume, this waste is produced from man’s domestic activities or from his activities in
any establishment similar to a home; it consists mainly of organic matter (food waste),
paper, cardboard, glass, plastic, etc.
• Solid special waste (SSW): it consists of packing discards, oil, grease, used
lubricants, epoxy paint and polyurethane-base paint containers, vinyl paints, solvents,

accelerators, rain proofing elements, materials contaminated with used oils, fuel or
petroleum derivates, shavings, rubber packings, used packages and wrappings, and
electrochemical batteries.
• Solid waste linked to farm chemical handling (ASW): it consists of empty
plastic containers and other types of plastic and cardboard recipients.

2. OBJECTIVE

180• Inspection of the farming chemical and fuel storage and pumping systems, to
detect possible potential risks and incidents.
• Inspection of and follow-up on the following activities:

• Operation and maintenance of the aircrafts used for spraying
• Operation and maintenance of the machinery and equipment used in
PECIG activities
• Verification of and follow-up on training programs.
• Verification of occupational health and industrial safety measure compliance.

The follow-up will be done on a monthly basis.

5. ENTITY IN CHARGE

The National Police Anti-Narcotics Direction is in charge of carrying out the activities
herein.

END OF THE RECORD
INDUSTRIAL SAFETY PROGRAM ON THE OPERATIONS BASES

SOLID WASTE MANAGEMENT PROGRAM

RECORD # 3

1. ACTIVITY DESCRIPTION

Carrying out the activities proper to the National Police Anti-Narcotics Direction and
the spraying operations using the herbicide mixture produces various types of solid
waste:

lubricants, epoxy paint and polyurethane-base paint containers, vinyl paints, solvents,
accelerators, rain proofing elements, materials contaminated with used oils, fuel or
petroleum derivates, shavings, rubber packings, used packages and wrappings, and
electrochemical batteries.
• Solid waste linked to farm chemical handling (ASW): it consists of empty
plastic containers and other types of plastic and cardboard recipients.

2. OBJECTIVEAnnex 50

• Inspections of the temporary solid waste storage sites
• Inspection of, follow-up on, and verification of the collection, separation, and

disposal of solid waste.
• Verification of and follow-up on the training programs.
• Verification of compliance with occupational health and industrial safety
measures
• Preparation of a six-month report on the results of such inspections.

Follow-up will be done every six (6) months.

5. ENTITY IN CHARGE

The National Police Anti-Narcotics Direction will be in charge of carrying out the

activates described herein.

END OF RECORD
SOLID WASTE MANAGEMENT PROGRAM

OPERATIONS BASE WASTEWATER MANAGEMENT PROGRAM

RECORD # 4

1. ACTIVITY DESCRIPTION

There are three (3) types of wastewater produced on a National Police Anti-Narcotics
Direction operations base:

Sewage: the product of satisfying individual and group domestic needs

Industrial Wastewater: the product of washing the spraying devices of the aircraft,
machinery, filling equipment, and of mixing and storing farming chemicals. This also
includes water used to wash the facilities. In the wastewater from the general

maintenance and washing of the facilities, we foresee a greater content of solids in
suspension, detergents and, possibly, emulsified grease and oils.

Rainwater: This goes to a collecting system and is evacuated from the operations base
or is infiltrated into the ground. Rainwater full of sediments that it drags on the ground

may contain total solids as well as solids in suspension.

182• Inspections of the temporary solid waste storage sites
• Inspection of, follow-up on, and verification of the collection, separation, and

Follow-up will be done every six (6) months.

5. ENTITY IN CHARGE

The National Police Anti-Narcotics Direction will be in charge of carrying out the

activates described herein.

END OF RECORD
SOLID WASTE MANAGEMENT PROGRAM

OPERATIONS BASE WASTEWATER MANAGEMENT PROGRAM

RECORD # 4

1. ACTIVITY DESCRIPTION

There are three (3) types of wastewater produced on a National Police Anti-Narcotics
Direction operations base:

Sewage: the product of satisfying individual and group domestic needs

maintenance and washing of the facilities, we foresee a greater content of solids in
suspension, detergents and, possibly, emulsified grease and oils.

Rainwater: This goes to a collecting system and is evacuated from the operations base
or is infiltrated into the ground. Rainwater full of sediments that it drags on the ground

may contain total solids as well as solids in suspension.Annex 50

Precipitate solids produced in sewage treatment processes will be managed as domestic
solid waste (DSW) and special solid waste (SSW), pursuant to the provisions in Record
# 3 regarding solid waste management.

3.1.1. Wastewater Treatment

Sewage Treatment System

The bases that produce sewage directly related to spraying operations will have

treatment systems according to need; they will obey the allowable limits set forth in the
regulations in force, and will ensure proper, permanent maintenance.

Liquid Industrial Waste from Washing the Airplane Tanks (SLW)

The industrial wastewater produced from washing the aircraft used to apply the mixture

will be re-used in the spraying process.

3.1.2. Final Disposal

Once the wastewater meets the conditions required at the emptying site, based on the
use of the water in the receiving trench, it can be dumped, pursuant to the provisions in

1978 Decree 1541 and to 1984 Decree 1594.

3.2. Dumping Control

In order to establish basic sanitary parameters (DBO, DQO, total solids and solids in
suspension, pH, total coliforms and faecal coliforms), a characterization aimed at

proving the efficiency of the domestic wastewater treatment system and compliance
with regulations must be made.

A wastewater dumping analysis must be made once every six (6) months or at least
once during the operation on bases that operate for less than six months, in order to
establish that the emptying was limited to the provisions set forth in 1984 Decree 1594

regarding the use of wastewater and liquid waste.

The wastewater treatment system will be located where it will not lead to the
contamination of any well, spring or other source of water supply. In addition, it will be
located in a place that has the slope specified for evacuating the treated wastewater. The
location must have the proper terrain and must be easily accessible.

184Precipitate solids produced in sewage treatment processes will be managed as domestic
solid waste (DSW) and special solid waste (SSW), pursuant to the provisions in Record
# 3 regarding solid waste management.

3.1.1. Wastewater Treatment

Sewage Treatment System

The bases that produce sewage directly related to spraying operations will have

treatment systems according to need; they will obey the allowable limits set forth in the
regulations in force, and will ensure proper, permanent maintenance.

Liquid Industrial Waste from Washing the Airplane Tanks (SLW)

The industrial wastewater produced from washing the aircraft used to apply the mixture

will be re-used in the spraying process. •

3.1.2. Final Disposal

Once the wastewater meets the conditions required at the emptying site, based on the •
use of the water in the receiving trench, it can be dumped, pursuant to the provisions in

1978 Decree 1541 and to 1984 Decree 1594.

3.2. Dumping Control

In order to establish basic sanitary parameters (DBO, DQO, total solids and solids in
suspension, pH, total coliforms and faecal coliforms), a characterization aimed at

proving the efficiency of the domestic wastewater treatment system and compliance
with regulations must be made.

regarding the use of wastewater and liquid waste.

Although the scientific studies available show that there are is no significant impact
from applying Glyphosate on the soil, water, and plant components that surround the

illicit crops being sprayed, it is necessary to carry out follow-up and verification actions
regarding the effectiveness of the spraying operations and the estimation of the possible
impact on the environmental components.

This technical follow-up will be done on parcels that meet the following criteria:

• The soil and the vegetation correspond to types common to the region or
nucleus.
• The weather corresponds to the weather predominant in the nucleus.
• It is possible to do the proposed measuring (access and security). Consequently,
this activity will only be carried out on parcels with coca crops because it is impossible

to descend into the zones with poppy crops.
• In order to guarantee efficient resource and security management, selecting the
parcels and sampling and monitoring will be implemented based on the spraying
operations carried out as established in the National police Anti-Narcotics Direction
work schedule.

2. OBJECTIVES

• To follow-up on the PECIG activities, in order to measure or evaluate the real
impact that they cause on the environment, and especially on soils, bodies of water, and
the vegetation.

• To determine the amount of Glyphosate and of its metabolite MPAA residues on
soils and bodies of water and the possible relation to soil and water physiochemical and
biological properties.

3. ACTIVITIES TO BE CARRIED OUT

3.1. Plant Succession Analysis

To become familiar with the plant succession process, a qualitative regeneration
characterization (percentage of vegetation layers) will be done before and after each

spraying, using videos, digital photography, and satellite imagery.

In zones where there is no access either due to public order problems or to
topographical conditions, available images will be used in order to determine any
change in the vegetation layers.

186 Although the scientific studies available show that there are is no significant impact
from applying Glyphosate on the soil, water, and plant components that surround the

This technical follow-up will be done on parcels that meet the following criteria:

2. OBJECTIVES

• To follow-up on the PECIG activities, in order to measure or evaluate the real
impact that they cause on the environment, and especially on soils, bodies of water, and
the vegetation.

• To determine the amount of Glyphosate and of its metabolite MPAA residues on
soils and bodies of water and the possible relation to soil and water physiochemical and
biological properties.

3. ACTIVITIES TO BE CARRIED OUT

3.1. Plant Succession Analysis

To become familiar with the plant succession process, a qualitative regeneration
characterization (percentage of vegetation layers) will be done before and after each

spraying, using videos, digital photography, and satellite imagery.

In zones where there is no access either due to public order problems or to
topographical conditions, available images will be used in order to determine any
change in the vegetation layers.Annex 50

A total of two (2) parcels will be analyzed regarding vegetation layers, for each PECIG
target nucleus. For soils, a compound sample will be made up of minimum three (3)

samples taken from each parcel. For bodies of water, a compound sample will be made
up of minimum two (2) samples taken from each parcel.

• Putumayo / Caqueta Nucleus
• Guaviare / Meta Nucleus
• Cauca / Nariño Nucleus

• Norte de Santander Nucleus

Periodicity

In each parcel selected, a compound sampling will be used taken from the first 20 cm.

of horizon A, before the spraying, immediately thereafter, at 60 days and, if justified, at
90 and at 180 days.

Indicators

For the purpose of understanding the dynamics of Glyphosate and its metabolite MPAA
and their effect on the physiochemical and biological properties of soil and water, we
intend to evaluate the impact that the application has, by comparing the parcels from
which the samples were taken, sprayed and not sprayed. The following parameters will
be measured through laboratory analysis:

Soil: pH, Cationic Interchange Capacity (CIC), relation of interchangeable bases,
nitrification (nitrates, ammonia and nitrites), percentage of organic matter, texture,
concentration of Glyphosate and AMPA, new count of bacteria, actinomycetic fungus
and nitrogen fixative, phosphate solubilizers, total phosphorous and available
phosphorous.

Water: Concentration of Glyphosate and AMPA, pH, electrical conductivity,
temperature, dissolved oxygen, chemical oxygen demand, nitrification (nitrates, nitrites
and ammonia), dissolved phosphate, magnesium, and calcium.

Vegetation Layer. The indicator will be a percentage estimate of the area with new

vegetation.

4. FOLLOW-UP

In coordination with the entities involved, DIRAN will ensure compliance of the work

schedule established to carry out the proposed activities and to send the samples to the

188 A total of two (2) parcels will be analyzed regarding vegetation layers, for each PECIG
target nucleus. For soils, a compound sample will be made up of minimum three (3)

samples taken from each parcel. For bodies of water, a compound sample will be made
up of minimum two (2) samples taken from each parcel.

• Putumayo / Caqueta Nucleus
• Guaviare / Meta Nucleus
• Cauca / Nariño Nucleus

• Norte de Santander Nucleus

Periodicity

In each parcel selected, a compound sampling will be used taken from the first 20 cm.

of horizon A, before the spraying, immediately thereafter, at 60 days and, if justified, at
90 and at 180 days.

Indicators

Vegetation Layer. The indicator will be a percentage estimate of the area with new

vegetation.

4. FOLLOW-UP

In coordination with the entities involved, DIRAN will ensure compliance of the work

schedule established to carry out the proposed activities and to send the samples to theAnnex 50

The development of a program of the nature of the PECIG implies a series of
interactions with the communities in the program target zones, either to inform them of

its characteristics, results or progress or to solve the concerns that they may have
regarding said program.

2. OBJECTIVES

To develop a set of prevention, training and information activities aimed at the national,
regional and local environment, as well as to the communities regarding the PECIG
nature and scope, its results and its risks, and regarding the environmental protection
measures involved in the EMP.

3. ACTIVITIES TO BE CARRIED OUT

The Communication and Social Management Program has four (4) strategies:
communication, training, inter-institutional coordination and complaint handling.

3.1. Communication

Through a communication strategy, keep the society and the community at large
informed nationally, regionally and locally, especially the communities located in the
areas of influence of the Glyphosate spraying nuclei, regarding aspects, such as:

• Illicit crop problems

• Eradication policies
• PECIG results (detection, spraying and verification)
• Complaint handling system
• Risk prevention and management

This information must be disseminated through media such as web pages, bulletins,
publications, campaigns, among others.

3.2. Training

The training will be aimed at institutional officials involved in the program, PECIG

technical and operational personnel, health care authorities, among others, and will be
related to the Environmental Management Plan. See training aspects in Records # 1, 2,
3, 4, 7, and 8.

To develop this strategy, prepare a Training Plan with the different topics to be

addressed in the EMP, the workshop date, the technical, financial and human resources

190 The development of a program of the nature of the PECIG implies a series of
interactions with the communities in the program target zones, either to inform them of
its characteristics, results or progress or to solve the concerns that they may have

regarding said program.

2. OBJECTIVES

To develop a set of prevention, training and information activities aimed at the national,
regional and local environment, as well as to the communities regarding the PECIG

nature and scope, its results and its risks, and regarding the environmental protection
measures involved in the EMP.

3. ACTIVITIES TO BE CARRIED OUT

The Communication and Social Management Program has four (4) strategies:

communication, training, inter-institutional coordination and complaint handling.

3.1. Communication

Through a communication strategy, keep the society and the community at large
informed nationally, regionally and locally, especially the communities located in the

areas of influence of the Glyphosate spraying nuclei, regarding aspects, such as:

• Illicit crop problems
• Eradication policies
• PECIG results (detection, spraying and verification)
• Complaint handling system

• Risk prevention and management

This information must be disseminated through media such as web pages, bulletins,
publications, campaigns, among others.

3.2. Training

The training will be aimed at institutional officials involved in the program, PECIG
technical and operational personnel, health care authorities, among others, and will be
related to the Environmental Management Plan. See training aspects in Records # 1, 2,
3, 4, 7, and 8.

To develop this strategy, prepare a Training Plan with the different topics to be
addressed in the EMP, the workshop date, the technical, financial and human resourcesAnnex 50

(UAESPNN is the Colombian acronym) will present the complaints to DIRAN, who
must handle said complaints pursuant to the standards in force regarding administrative
actions.

3.4.3. Health Care Management

The possible complaints that may arise for alleged health affectations will be handled
pursuant to the mechanisms set forth in the General Health Social Security System
described in Record # 7.

4. FOLLOW-UP

On a monthly basis, DNE will verify the progress status of the scheduled activities vs.
the activities carried out for each strategy defined herein.

Each entity committed to the implementation of strategies will appoint one delegate
who will be in charge of all coordination with DNE.

5. ENTITY IN CHARGE

DNE is responsible for coordinating the implementation of the strategies provided for

herein.

END OF THE RECORD
COMMUNICATION AND SOCIAL MANAGEMENT PROGRAM

PUBLIC HEALTH PROGRAM
RECORD # 7

1. ACTIVITY DESCRIPTION

This program describes the set of activities and procedures aimed at the prevention,
mitigation, correction, and compensation of risk situations for the health of the
population in the PECIG application zones.

2. OBJECTIVES

2.1. General Objective

192(UAESPNN is the Colombian acronym) will present the complaints to DIRAN, who
must handle said complaints pursuant to the standards in force regarding administrative
actions.

3.4.3. Health Care Management

The possible complaints that may arise for alleged health affectations will be handled •
pursuant to the mechanisms set forth in the General Health Social Security System
described in Record # 7.

4. FOLLOW-UP •

On a monthly basis, DNE will verify the progress status of the scheduled activities vs.
the activities carried out for each strategy defined herein.
•

Each entity committed to the implementation of strategies will appoint one delegate
who will be in charge of all coordination with DNE.

5. ENTITY IN CHARGE

DNE is responsible for coordinating the implementation of the strategies provided for

herein.

END OF THE RECORD
COMMUNICATION AND SOCIAL MANAGEMENT PROGRAM

PUBLIC HEALTH PROGRAM
RECORD # 7

1. ACTIVITY DESCRIPTION

2. OBJECTIVES

2.1. General ObjectiveAnnex 50

operational personnel, and administration, health, and environmental authorities in the
municipalities involved.

The specific information actions to which this component refers are aimed at the
communities in the areas of influence of the zones in which the PECIG intervenes, in
order to reduce risks of exposure to pesticides and to induce the demand for timely
medical care for the diagnosis and management of possible accidents with pesticides.
Such activities will be permanently carried out in all of the zones scheduled in the

PECIG, with certain priority before the spraying occurs and during the period
immediately after the spraying. The activities include the following:

• Designing and developing informational messages aimed at the community
regarding prevention measures and management of possible situations of exposure to

pesticides, which will be permanently broadcast in the zones scheduled for spraying in
the PECIG. The massive media will broadcast these messages, thus ensuring that this
information will be of public domain.

• Designing and developing informational bulletins of a technical nature aimed at
health and environmental authorities that direct prevention and control actions for

possible situations associated with the spraying.

• Carrying out basic information activities aimed at the local authorities related to
this program, in the municipalities scheduled for spraying in the PECIG.

• Disseminating the results obtained while carrying out the program.

The local health and environmental authorities will be in charge of carrying out the
above-mentioned activities, using the guidelines and technical assistance of local,
provincial, and national level authorities.

3.3. HEALTH CARE FOR AFFECTATIONS RELATED TO ILLICIT CROPS
AND THEIR ERADICATION

The actions aimed at guaranteeing timely, proper attention to possible risk situations or
affectations effects to the population’s health include:

• Preparing and strengthening health care services in the service network that
exists in the areas of influence of the zones scheduled for spraying in the PECIG. Each
Territorial Health Division will define in its area of influence the health establishments
where sufficient institutional development will be done to be able to respond and

manage such cases.

194 operational personnel, and administration, health, and environmental authorities in the
municipalities involved.

immediately after the spraying. The activities include the following:

• Designing and developing informational messages aimed at the community
regarding prevention measures and management of possible situations of exposure to
pesticides, which will be permanently broadcast in the zones scheduled for spraying in
the PECIG. The massive media will broadcast these messages, thus ensuring that this

information will be of public domain.

• Designing and developing informational bulletins of a technical nature aimed at
health and environmental authorities that direct prevention and control actions for
possible situations associated with the spraying.

• Carrying out basic information activities aimed at the local authorities related to
this program, in the municipalities scheduled for spraying in the PECIG.

• Disseminating the results obtained while carrying out the program.

The local health and environmental authorities will be in charge of carrying out the

above-mentioned activities, using the guidelines and technical assistance of local,
provincial, and national level authorities.

3.3. HEALTH CARE FOR AFFECTATIONS RELATED TO ILLICIT CROPS
AND THEIR ERADICATION

The actions aimed at guaranteeing timely, proper attention to possible risk situations or
affectations effects to the population’s health include:

where sufficient institutional development will be done to be able to respond and
manage such cases.Annex 50

measures. To do so, the Ministry of Social Protection will design proper educational
material.

The objective of this activity will be to encourage the participation and integration of
persons and institutions to supervise and control problems related to the use and
handling of and management of pesticides. Special emphasis will be given to
coordination with the ICA Regional Offices, the Regional Autonomous Corporations,
SENA, the UMATAS, and Municipal Ombudsmen’s Offices.

e) Training the Operational Personnel Who Work with the Mixture Being Sprayed

Regarding this topic, the Territorial Health Divisions will support the training processes

carried out by the entities in charge of guaranteeing the safety and industrial hygiene of
the operations base operators, pilots, and personnel. In all cases, the provisions set forth
in 1991 Decree 1843 regarding the use and handling of pesticides, especially those in
Chapters IX, X, XIII, and XIV (see reference in the contents of Record # 2) will be
obeyed.

f) Establishing and Institutionalizing a Standard Protocol for Attending Patients

patient under study, pursuant to the protocol set forth by the Ministry of Social
Protection.
To do so, a standardized protocol will be established and institutionalized to attend
patients who have symptoms that make us suspect exposure or who have symptoms
compatible with intoxication caused by pesticides. The protocol will include the
following procedures:

• Preparing a complete medical chart including occupational background.
• Filling out the specific form for evaluation of exposure to pesticides and other
chemical substances.
• Doing a physical exam seeking signs compatible with intoxication caused by

pesticides.
• Taking samples to determine pesticides, pursuant to the criteria in the public
health supervision protocol.
• Giving medical care as required based on the established diagnosis.
• In the event of the death of a patient where there is suspicion of intoxication
caused by pesticides, performing a legal medical autopsy, pursuant to the procedures set

forth by the Institute of Legal Medicine and Forensic Sciences.

196 measures. To do so, the Ministry of Social Protection will design proper educational
material.

e) Training the Operational Personnel Who Work with the Mixture Being Sprayed

Regarding this topic, the Territorial Health Divisions will support the training processes
carried out by the entities in charge of guaranteeing the safety and industrial hygiene of
the operations base operators, pilots, and personnel. In all cases, the provisions set forth

in 1991 Decree 1843 regarding the use and handling of pesticides, especially those in
Chapters IX, X, XIII, and XIV (see reference in the contents of Record # 2) will be
obeyed.

f) Establishing and Institutionalizing a Standard Protocol for Attending Patients

The General Health Social Security System will attend alleged events of exposure in
accordance with its normal procedures and it will determine if there is a cause and
effect relationship between the exposure to the sprayed mixture and the condition of the
patient under study, pursuant to the protocol set forth by the Ministry of Social
Protection.
To do so, a standardized protocol will be established and institutionalized to attend
patients who have symptoms that make us suspect exposure or who have symptoms

compatible with intoxication caused by pesticides. The protocol will include the
following procedures:

• Preparing a complete medical chart including occupational background.
• Filling out the specific form for evaluation of exposure to pesticides and other
chemical substances.

• Doing a physical exam seeking signs compatible with intoxication caused by
pesticides.
• Taking samples to determine pesticides, pursuant to the criteria in the public
health supervision protocol.
• Giving medical care as required based on the established diagnosis.
• In the event of the death of a patient where there is suspicion of intoxication

caused by pesticides, performing a legal medical autopsy, pursuant to the procedures set
forth by the Institute of Legal Medicine and Forensic Sciences.Annex 50

END OF THE RECORD
PUBLIC HEALTH PROGRAM

CONTINGENCY PLAN
RECORD # 8

INTRODUCTION

Given the fact that the Program for the Eradication of Illicit Crops sprays using
Glyphosate, a broad spectrum herbicide, and, although the environmental risk
evaluation reported the high degradability of Glyphosate in the different environmental
surroundings, the operation of the program itself is subjected to several risk factors
(outlawed armed groups, aircraft mechanical failures, environmental aspects, to name a

few), which endanger human lives and the natural environment when, due to these facts,
it is necessary to immediately dump all of spraying product.

The Contingency Plan (CP) is a document that provides response strategies to attend the
emergencies that may arise during the different stages of Glyphosate handling, for the
purpose of illicit crop eradication (transportation, storage, handling and spraying).

Among the possible events that may occur, we include dumping (immediately dumping
all of the Glyphosate from the aircraft), which action, in the oil sector, would
correspond to spillage. For all events analyzed, we have established the responsible
parties to be in charge of the CP operation as well as the mechanisms to supply basic
information on the possibly affected areas. Likewise, we have established action
procedures that must be followed when facing each type of situation, the parties to
whom to request support, the equipment and production factors that would be required

for each action.

By creating the Program for the Eradication of Illicit Crops contingency plan, the Anti-
Narcotics Police aims not only to respond in a timely manner to the contingencies that
arise from the operation, but also to follow the National Total Emergency Attention
Policy, with the support and participation of the different government entities and

institutions, each one handling its portion, based on its mission and objectives.

1. GENERAL CONSIDERATIONS

The Contingency Plan (CP) is a set of activities and operations that must be planned and
carried out, in order to anticipate, prevent and / or correct any eventuality that may arise

due to operating, natural or exogenous failures, and that may cause some type of
negative impact on people, their assets or on the environment.

198END OF THE RECORD
PUBLIC HEALTH PROGRAM
•

•
CONTINGENCY PLAN
RECORD # 8
•
INTRODUCTION

•
Given the fact that the Program for the Eradication of Illicit Crops sprays using
Glyphosate, a broad spectrum herbicide, and, although the environmental risk
evaluation reported the high degradability of Glyphosate in the different environmental •
surroundings, the operation of the program itself is subjected to several risk factors
(outlawed armed groups, aircraft mechanical failures, environmental aspects, to name a

few), which endanger human lives and the natural environment when, due to these facts,
it is necessary to immediately dump all of spraying product.

for each action.

institutions, each one handling its portion, based on its mission and objectives. •
•
1. GENERAL CONSIDERATIONS
•
The Contingency Plan (CP) is a set of activities and operations that must be planned and
carried out, in order to anticipate, prevent and / or correct any eventuality that may arise

due to operating, natural or exogenous failures, and that may cause some type of
negative impact on people, their assets or on the environment.Annex 50

The CP structure is mainly based on the creation of a Permanent Emergency Committee
(PCE is the Colombian acronym) for each base, responsible for the following activities:

• Planning the actions to follow in the case of any eventuality
• Establishing and organizing reactions in order of importance
• Assigning pertinent functions
• Directing and coordinating the actions to be followed
• Evaluating the CP application results

BASE PERMANENT EMERGENCY COMMITTEE (PEC)

Emergency Groups Internal Support Group External Support Entities

Base Operations Spraying Mobile Fire Department
Commander Group Commander National Army
Spraying Farming chemical Red Cross
Operations Commander and Fuel Blending Colombian Civil
Spraying Group Technicians Defense
Coordinator Environmental Corresponding

Environmental Management Plan National Police Department
Management Plan Technician DNE
Technician Communications Ministry of the Interior
Chief Disaster Attention Office, if
so required.

2.2 OPERATING PLAN

This is the part of the CP where emergency procedures are established to enable rapid

mobilization of human and technical resources, to start up the immediate response
actions established.

The Coordination Centers for activating the Contingency Plan will be the National
Police Anti-Narcotics Direction spraying bases, where the required equipment is
available for communication between the disaster attention team and the operations

center.

The purpose of this plan is to establish the basic procedures of the Contingency Plan
operation. It also defines notification, organization and operation principles and
mechanisms.

200 The CP structure is mainly based on the creation of a Permanent Emergency Committee
(PCE is the Colombian acronym) for each base, responsible for the following activities:

BASE PERMANENT EMERGENCY COMMITTEE (PEC)

Emergency Groups Internal Support Group External Support Entities

Base Operations Spraying Mobile Fire Department
Commander Group Commander National Army
Spraying Farming chemical Red Cross

Operations Commander and Fuel Blending Colombian Civil
Spraying Group Technicians Defense
Coordinator Environmental Corresponding
Environmental Management Plan National Police Department
Management Plan Technician DNE
Technician Communications Ministry of the Interior

Chief Disaster Attention Office, if
so required.

2.2 OPERATING PLAN

This is the part of the CP where emergency procedures are established to enable rapid
mobilization of human and technical resources, to start up the immediate response
actions established.

The purpose of this plan is to establish the basic procedures of the Contingency Plan
operation. It also defines notification, organization and operation principles and
mechanisms.Annex 50

• The Spraying Group Coordinator will develop simulacrums to verify the
procedures for handling spills, fires and explosions caused by fuels in the corresponding
areas.

2.2.2 Communication with the Internal Support Group

The existing communication systems must be used to inform all personnel on the base
of the emergency at hand for them to immediately arrive and give the pertinent
recommendations.

2.2.3 Communication with External Support Entities

When the internal groups cannot control the contingency, the Spraying Operations
Commander will contact the existing external entities specialized in emergency
attention to inform them of the type of emergency at hand, and to request their

immediate arrival and support.

The Spraying Operations Commander will coordinate the actions with the internal and
external support groups to respond to the emergency.

In the case of dumping, the Spraying Operations Commander will report and coordinate

the necessary support with the different pertinent entities.

The Spraying Operations Commander will prepare an initial dumping report that will
contain the basic information regarding the specific circumstances (where, when, and
how), in order to preliminary estimate the magnitude and severity of the event.

For initial notification purposes, Form # 1 INITIAL REPORT will be used, (see
Annex), taken from the National Contingency Plan and customized to the spraying
program operation conditions.

2.2.4 Alarm Activation

In case of emergency, the Spraying Operations Commander must trigger the emergency
alarm.

If there is any other person in the emergency room, this person must immediately
inform the Spraying Operations Commander for him / her to trigger the alarm.

Once the corrective actions are initiated, the Spraying Operations Commander may
order the alarm deactivation.

202• The Spraying Group Coordinator will develop simulacrums to verify the
procedures for handling spills, fires and explosions caused by fuels in the corresponding
areas.

2.2.2 Communication with the Internal Support Group

The existing communication systems must be used to inform all personnel on the base
of the emergency at hand for them to immediately arrive and give the pertinent
recommendations.

2.2.3 Communication with External Support Entities

immediate arrival and support.

The Spraying Operations Commander will coordinate the actions with the internal and
external support groups to respond to the emergency.

In the case of dumping, the Spraying Operations Commander will report and coordinate

the necessary support with the different pertinent entities.

For initial notification purposes, Form # 1 INITIAL REPORT will be used, (see
Annex), taken from the National Contingency Plan and customized to the spraying
program operation conditions.

2.2.4 Alarm Activation

In case of emergency, the Spraying Operations Commander must trigger the emergency
alarm.

If there is any other person in the emergency room, this person must immediately
inform the Spraying Operations Commander for him / her to trigger the alarm.

Once the corrective actions are initiated, the Spraying Operations Commander may
order the alarm deactivation.Annex 50

LEVEL

HIGH VALUE
This occurs in zones of N3
human settlements,
National Natural Park
System zones, water
supply sources

MEDIUM VALUE N2
It is developed in wooded

zones with high drainage
density.
LOW VALUE N1

Partial or total dumping
on pastures or legal crops,
in areas far from sensitive
ecosystems
IMMEDIATE LOCAL REGIONAL

Level 3: Instantaneous Total CP Activation. Disaster Highest Volume and
Severity, within the Local CP Coverage Area

The event is totally out of the program operation area control, and exceeds the capacity

of the requested local or regional assistance systems. National level agencies are
required to organize the actions. This level will be developed if the event exceeds the
level 2 operations capacities 48 hours after its occurrence, for which it will have the
support of national level agencies.

2.2.6 Priority Criteria in the Response Operations

The highest priority is to protect and preserve the lives of persons threatened by the
incident.

When there are resource and time limitations, it will be necessary to first protect the
resources that are most valuable and important for the security and welfare of the base
personnel and of the population in the surrounding area. Next, we will protect resources
with a high ecological value and the greatest sensitivity, such as primary and secondary

woodlands with native vegetation, in order to ensure sustainability of the ecosystems.

204 LEVEL

HIGH VALUE
This occurs in zones of N3
human settlements,
National Natural Park
System zones, water

supply sources

MEDIUM VALUE N2
It is developed in wooded
zones with high drainage
density.

LOW VALUE N1
Partial or total dumping
on pastures or legal crops,
in areas far from sensitive
ecosystems

IMMEDIATE LOCAL REGIONAL

Level 3: Instantaneous Total CP Activation. Disaster Highest Volume and
Severity, within the Local CP Coverage Area
•
The event is totally out of the program operation area control, and exceeds the capacity
of the requested local or regional assistance systems. National level agencies are
required to organize the actions. This level will be developed if the event exceeds the

level 2 operations capacities 48 hours after its occurrence, for which it will have the •
support of national level agencies.

2.2.6 Priority Criteria in the Response Operations

The highest priority is to protect and preserve the lives of persons threatened by the •

incident.

When there are resource and time limitations, it will be necessary to first protect the
resources that are most valuable and important for the security and welfare of the base
personnel and of the population in the surrounding area. Next, we will protect resources •
with a high ecological value and the greatest sensitivity, such as primary and secondary
woodlands with native vegetation, in order to ensure sustainability of the ecosystems.Annex 50

• The Spraying Operations Commander will make sure that personnel only return

to their work sites after the risk has been mitigated.

2.2.7.2 Fuel and Glyphosate Spills

a. Spills for Tank Truck Turn Over during Transportation

The following procedure will be delivered to the transportation entity contracted for
transporting farming chemicals.

• Verify the condition of the driver and of other accompanying personnel, in order

to protect human lives, providing first aid services to those who so require, staying
away from the vehicle in case of a possible fire or explosion

• Isolate the area by digging ditches so that the liquid does not reach bodies of
water and / or intakes sources or areas with wildlife

• Inform local authorities for them to report the emergency

• Quantify the amount of product spilled

• Isolate the area with security bands

• Proceed to do cleaning if the security conditions so permit

• Isolate existing sewers or drains so that the affected area does not expand

• When the spillage has occurred in bodies of water, the company must inform
such situation as soon as possible to the personnel who operate intakes downstream;
absorbent barriers must be installed around the intakes located downstream once the
emergency has been declared. It is necessary to go along the edge of the affected body

of water to identify the spots affected, and proceed to isolating and cleaning them; then,
inform the local authorities and experienced external groups, if the spill exceeds the
transportation company’s possibility to clean it.

• When the spillage has occurred on the ground, the transportation company will

isolate the area with security bands, will proceed to do the cleaning, and will isolate the
existing sewers or drains so that the affected area does not expand.

b. Glyphosate and Fuel Spilling on the Base

206• The Spraying Operations Commander will make sure that personnel only return

to their work sites after the risk has been mitigated.

2.2.7.2 Fuel and Glyphosate Spills

a. Spills for Tank Truck Turn Over during Transportation

The following procedure will be delivered to the transportation entity contracted for
transporting farming chemicals.

• Verify the condition of the driver and of other accompanying personnel, in order

to protect human lives, providing first aid services to those who so require, staying
away from the vehicle in case of a possible fire or explosion

• Isolate the area by digging ditches so that the liquid does not reach bodies of
water and / or intakes sources or areas with wildlife

• Inform local authorities for them to report the emergency

• Quantify the amount of product spilled

• Isolate the area with security bands

• Proceed to do cleaning if the security conditions so permit

• Isolate existing sewers or drains so that the affected area does not expand

• When the spillage has occurred on the ground, the transportation company will

isolate the area with security bands, will proceed to do the cleaning, and will isolate the
existing sewers or drains so that the affected area does not expand.

b. Glyphosate and Fuel Spilling on the BaseAnnex 50

• The Spraying Operations Commander must have the personnel available and

must notify them to activate the defense plan for the facilities.

• The Spraying Operations Commander will notify the civilian personnel on the
base, for them to occupy their assigned places in order to ensure their safety; if security
conditions so permit, civilian personnel must be evacuated immediately.

• The Spraying Operations Commander will request military support if required.

• All base personnel will prepare to defend the most vulnerable areas on the base
that represent the greatest risk if there is a threat of explosion or fire, such as storage

system areas.

2.2.7.6 Response Procedure for Attending Disasters during Spraying

a. Primary Incident Report. The aircraft pilot must report the events right after they

occur.

It is possible that the pilot not report the incident immediately after the event occurs,
due to damages that may affect the aircraft communication systems or to the pilot’s not
detecting the incident in a timely manner or if the incident ended up in a fatality

(aircraft accident).

When the incident is detected and the communication systems have not been affected,
the pilot must immediately report to the base, specifically to the Spraying Operations
Commander, who verifies the pilot’s integrity and, along with him/her, makes a primary

or initial evaluation of the damage.

When the aircraft has suffered an incident, no matter if the incident is of low, medium
or high severity, it must return to the base. Prior to returning to the base, the pilot and
the Spraying Operations Commander, after having evaluated the incident, establish the

need to dump the product, based on the following order of importance:

• Illicit crop zones

• Pasture zones

• Secondary woodlands or high brush zones

• Primary woodland zones

208• The Spraying Operations Commander must have the personnel available and
must notify them to activate the defense plan for the facilities.

• The Spraying Operations Commander will request military support if required.

• All base personnel will prepare to defend the most vulnerable areas on the base
that represent the greatest risk if there is a threat of explosion or fire, such as storage
system areas.

2.2.7.6 Response Procedure for Attending Disasters during Spraying

a. Primary Incident Report. The aircraft pilot must report the events right after they
occur.

When the incident is detected and the communication systems have not been affected,

the pilot must immediately report to the base, specifically to the Spraying Operations
Commander, who verifies the pilot’s integrity and, along with him/her, makes a primary
or initial evaluation of the damage.

When the aircraft has suffered an incident, no matter if the incident is of low, medium

or high severity, it must return to the base. Prior to returning to the base, the pilot and
the Spraying Operations Commander, after having evaluated the incident, establish the
need to dump the product, based on the following order of importance:

• Illicit crop zones

• Pasture zones

• Secondary woodlands or high brush zones

• Primary woodland zonesAnnex 50

aircraft is shot at, obstacles on the parcels, etc.), aircraft technical failures,
environmental conditions or human failure.

Due to the need of performing the contingency action in the same zone where the
incident occurred, the priority lies in verifying the security conditions in the product
dumping area, in order to avoid the incident from reoccurring before the Response
Team can arrive and work. The security study is obtained from the intelligence reports
supplied in due fashion by the Military in the area and from the information obtained by
the technicians who do the technical study of the incident.

When the security conditions are not adequate for the Emergency Attention group to
arrive, it is necessary to notify the Eradication Area in order to apply environmental
monitoring measures. Meanwhile, the spraying operations will continue in other zones.

RESPONSE GROUP ACTIVATION

210aircraft is shot at, obstacles on the parcels, etc.), aircraft technical failures,
environmental conditions or human failure.

Due to the need of performing the contingency action in the same zone where the

incident occurred, the priority lies in verifying the security conditions in the product
dumping area, in order to avoid the incident from reoccurring before the Response
Team can arrive and work. The security study is obtained from the intelligence reports
supplied in due fashion by the Military in the area and from the information obtained by
the technicians who do the technical study of the incident.

When the security conditions are not adequate for the Emergency Attention group to

arrive, it is necessary to notify the Eradication Area in order to apply environmental
monitoring measures. Meanwhile, the spraying operations will continue in other zones.

RESPONSE GROUP ACTIVATIONAnnex 50

addressed to the Eradication Area, in order for the latter to submit it to the National

Narcotics Agency maximum 20 days after the date on which the dumping occurred, in
order to obtain detailed knowledge of the circumstances of the event, its attention and
control.

The final written report on the event must contain the following:

• Event date and time
• Emergency end date and time
• Dumping location: The cartography used in the program will be presented, with
the exact dumping location shown through satellite imagery.

• Dumping cause
• Dumping volume
• Determination of affected zones (Terrains, Natural Resources, Facilities)
• Determination of possible communities affected
• Operating Plan developed and response times used for controlling the event

• Description of prevention, mitigation, correction and monitoring measures
• Support required (requested / obtained)

In addition to the above information, a dumping evaluation will be made using technical
criteria to evaluate the capacity of attention given and, in turn, to identify immediate

risks in upcoming spraying operations. The aspects to be considered in evaluating the
dumping are:

• Origin of the dumping.
• Determination of possible risks to the personnel involved in the emergency, both

community members and operations personnel.
• Approximate estimate of the maximum potential dumping volume.
• Evaluation of the prevalent environmental and weather conditions.
• Expected dumping path.
• Identification of threatened resources.

• Equipment available: Evaluate equipment resource availability for controlling
the dumping.

J. Filing a Criminal Claim. The Spraying Operations Commander and the pilot
involved in the emergency will file a criminal claim with the corresponding authorities,

to investigate the responsible parties, for the damage caused to the aircraft and damages
caused by the incident.

2.2.8 Contingency Plan Evaluation

212 addressed to the Eradication Area, in order for the latter to submit it to the National