Basel Convention on the Control of Transboundary Movements

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INTRODUCTION The management of hazardous wastes has been on the international environmental agenda from the early 1980s, when it was included as one of three priority areas in the United Nations Environment Programme’s (UNEP) first Montevideo Programme on Environmental Law in 1981. The <strong>Basel</strong> <strong>Convention</strong> on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted on 22 March 1989 by the Conference of Plenipotentiaries in <strong>Basel</strong>, Switzerland, in response to a public outcry following the discovery, in the 1980s, in Africa and other parts of the developing world of deposits of toxic wastes imported from abroad. The <strong>Convention</strong> entered into force on 5 May 1992 and, as of 1 January 2011, there are 175 Parties to the <strong>Convention</strong>. The overarching objective of the <strong>Basel</strong> <strong>Convention</strong> is to protect human health and the environment against the adverse effects of hazardous wastes. Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin and/or composition and their characteristics (article 1 and annexes I, III, VIII and IX), as well as two types of wastes defined as “other wastes” (household waste and incinerator ash; article 1 and annex II). The provisions of the <strong>Convention</strong> center around the following principal aims: (i) the reduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes, wherever the place of disposal; (ii) the restriction of transboundary movements of hazardous wastes except where it is perceived to be in accordance with the principles of environmentally sound management; and (iii) a regulatory system applying to cases where transboundary movements are permissible. Since its adoption, the <strong>Convention</strong> has seen a number of significant developments. The Amendment to the <strong>Convention</strong> on the Con trol of Transboundary Movements of Hazardous Wastes and their Disposal | 5
(“the Ban Amendment”) was adopted by the third meeting of the Conference of the Parties (COP) in 1995. The Ban Amendment provides for the prohibition of ex ports of all hazardous wastes covered by the <strong>Convention</strong> that are intended for final disposal, reuse, recycling and recovery from countries listed in annex VII to the <strong>Convention</strong> (Parties and other States which are members of the OECD, EC, Liechtenstein) to all oth er countries. As at 1 January 2011, the Ban Amendment has not yet entered into force. The challenge of protecting vulnerable countries from unwanted hazardous waste imports, while not precluding the import of wastes considered valuable secondary raw materials to countries in a position to manage them in an environmentally sound manner has therefore gained importance. Informal discussions were initiated at COP 9 in 2008 to identify a way to enable the entry into force of the Ban Amendment while addressing the concerns and needs of all countries in this context. Annexes VIII and IX to the <strong>Convention</strong>, which provide further elaboration as to the wastes regulated by the <strong>Convention</strong> as listed in Annexes I and III were adopted by COP 4 in 1998. The <strong>Basel</strong> Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal was adopted by COP 5 in 1999. The <strong>Basel</strong> Protocol regulates civil liability for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring as a result of illegal traffic. As at 1 January 2011, the <strong>Basel</strong> Protocol has not yet entered into force. Delegates at COP 5 also agreed on an interim arrangement to cover emergency situations until the Protocol en ters into force. COP 6 in 2002 approved the Interim Guidelines for the Implementa tion of decision V/32 on the Enlargement of the scope of the Technical Cooperation Trust Fund. | 6
Page 1 and 2: BASEL CONVENTION ON THE CONTROL OF
Page 4: TABLE OF CONTENTS Introduction 5 <s
Page 9 and 10: COP 6 also established a partnershi
Page 11 and 12: Waste minimization undoubtedly lead
Page 13 and 14: eduction of their generation to a m
Page 15 and 16: Recognizing that in the case of a m
Page 17 and 18: 4. Wastes which derive from the nor
Page 19 and 20: 13. “States concerned” means Pa
Page 21 and 22: ARTICLE 43 ARTICLE 4 GENERAL OBLIGA
Page 23 and 24: (f) Require that information about
Page 25 and 26: (b) The wastes in question are requ
Page 27 and 28: the movement, or requesting additio
Page 29 and 30: 9. The Parties shall require that e
Page 31 and 32: (e) that results in deliberate disp
Page 33 and 34: low-waste technologies and the impr
Page 35 and 36: ARTICLE 13 TRANSMISSION OF INFORMAT
Page 37 and 38: (f) Information on accidents occurr
Page 39 and 40: 5. The Conference of the Parties sh
Page 41 and 42: (e) To communicate with focal point
Page 43 and 44: ARTICLE 17 AMENDMENT OF THE CONVENT
Page 45 and 46: (a) Annexes to this Convent
Page 47 and 48: Party accepting the same obligation
Page 49 and 50: ARTICLE 24 RIGHT TO VOTE 1. Except
Page 51 and 52: ARTICLE 29 AUTHENTIC TEXTS The orig
Page 53 and 54: ANNEX I CATEGORIES OF WASTES TO BE
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| 54 Y38 Organic cyanides Y39 Pheno
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ANNEX III LIST OF HAZARDOUS CHARACT
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UN Class 5 Code Characteristics 6.1
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ANNEX IV DISPOSAL OPERATIONS A. OPE
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R12 Exchange of wastes for submissi
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13. Designation and physical descri
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ANNEX V B INFORMATION TO BE PROVIDE
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ANNEX VI ARBITRATION ARTICLE 1 Unle
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ARTICLE 7 The tribunal may hear and
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ANNEX VIII 7 LIST A Wastes containe
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A1120 Waste sludges, excluding anod
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A3060 Waste nitrocellulose A3070 Wa
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| 78 A4040 Wastes from the manufact
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ANNEX IX 16 LIST B Wastes contained
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| 82 B1060 Waste selenium and tellu
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| 84 B1120 Spent catalysts excludin
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| 86 B2020 Glass waste in non-dispe
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B3 WASTES CONTAINING PRINCIPALLY OR
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| 90 B3030 Textile wastes The follo
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| 92 B3060 Wastes arising from agro
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PROTOCOL ON LIABILITY AND COMPENSAT
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compensation is available for damag
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the same origin that causes damage
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(d) Notwithstanding subparagraph (a
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shall notify the Secretariat of the
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(d) Wholly the result of the wrongf
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ARTICLE 9 Contributory fault Compen
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for amounts not less than the minim
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(c) The defendant has his habitual
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(d) Where the judgement is contrary
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(d) To consider and undertake any a
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3. In their instruments of formal c
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ARTICLE 31 Withdrawal 1. At any tim
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28. Samoa 29. Sao Tome and Principe
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3. The amounts referred to in parag
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Basel Convention on the Control of Transboundary Movements

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