BASEL CONVENTION
ON THE CONTROL OF
TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES
AND THEIR DISPOSAL ADOPTED BY THE CONFERENCE
OF THE PLENIPOTENTIARIES ON 22 MARCH 1989
ENTRY INTO FORCE
5 MAY 1992
130 PARTIES
AS OF JULY
1999
PREAMBLE
The Parties to this Convention,
Aware of the risk of damage to human health and the environment
caused by hazardous wastes and other wastes and the transboundary
movement thereof,
Mindful of the growing threat to human health and the environment
posed by the increased generation and complexity, and transboundary
movement of hazardous wastes and other wastes,
Mindful also that the most effective way of protecting human
health and the environment from the dangers posed by such wastes
is the reduction of their generation to a minimum in terms of quantity
and/or hazard potential,
Convinced that States should take necessary measures to ensure
that the management of hazardous wastes and other wastes including
their transboundary movement and disposal is consistent with the
protection of human health and the environment whatever the place
of disposal,
Noting that States should ensure that the generator should
carry out duties with regards to the transport and disposal of hazardous
wastes and other wastes in a manner that is consistent with the
protection of the environment, whatever the place of disposal.
Fully recognizing that any State has the sovereign right to ban the
entry or disposal of foreign hazardous wastes and other wastes in
its territory,
Recognizing also the increasing desire for the prohibition of transboundary
movements of hazardous wastes and their disposal in other States,
especially developing countries,
Convinced that hazardous wastes and other wastes should, as
far as is compatible with environmentally sound and efficient management,
be disposed of in the State where they were generated,
Aware also that transboundary movements of such wastes from
the State of their generation to any other State should be permitted
only when conducted under conditions which do not endanger human
health and the environment, and under conditions in conformity with
the provisions of this Convention,
Considering that enhanced control of transboundary movement
of hazardous wastes and other wastes will act as an incentive for
their environmentally sound management and for the reduction of
the volume of such transboundary movement,
Convinced that States should take measures for the proper
exchange of information on and control of the transboundary movement
of hazardous wastes and other wastes from and to those States,
Noting that a number of international and regional agreements
have addressed the issue of protection and preservation of the environment
with regard to the transit of dangerous goods,
Taking into account the Declaration of the United Nations Conference
on the Human Environment (Stockholm, 1972), the Cairo Guidelines
and Principles for the Environmentally Sound Management of Hazardous
Wastes adopted by the Governing Council of the United Nations Environment
Programme (UNEP) by decision 14/30 of 17 June 1987, the Recommendations
of the United Nations Committee of Experts on the Transport of Dangerous
Goods (formulated in 1957 and updated biennially), relevant recommendations,
declarations, instruments and regulations adopted within the United
Nations system and the work and studies done within other international
and regional organizations,
Mindful of the spirit, principles, aims and functions of
the World Charter for Nature adopted by the General Assembly of
the United Nations at its thirty-seventh session (1982) as the rule
of ethics in respect of the protection of the human environment
and the conservation of natural resources,
Affirming that States are responsible for the fulfilment of
their international obligations concerning the protection of human
health and protection and preservation of the environment, and are
liable in accordance with international law,
Recognizing that in the case of a material breach of the provisions
of this Convention or any protocol thereto the relevant international
law of treaties shall apply,
Aware of the need to continue the development and implementation
of environmentally sound low-waste technologies, recycling options,
good house-keeping and management systems with a view to reducing
to a minimum the generation of hazardous wastes and other wastes,
Aware also of the growing international concern about the need
for stringent control of transboundary movement of hazardous wastes
and other wastes, and of the need as far as possible to reduce such
movement to a minimum,
Concerned about the problem of illegal transboundary traffic
in hazardous wastes and other wastes,
Taking into account also the limited capabilities of the developing countries
to manage hazardous wastes and other wastes,
Recognizing the need to promote the transfer of technology for
the sound management of hazardous wastes and other wastes produced
locally, particularly to the developing countries in accordance
with the spirit of the Cairo Guidelines and decision 14/16 of the
Governing Council of UNEP on Promotion of the transfer of environmental
protection technology,
Recognizing also that hazardous wastes and other wastes should be
transported in accordance with relevant international conventions
and recommendations,
Convinced also that the transboundary movement of hazardous wastes
and other wastes should be permitted only when the transport and
the ultimate disposal of such wastes is environmentally sound, and
Determined to protect, by strict control, human health and
the environment against the adverse effects which may result from
the generation and management of hazardous wastes and other wastes,
HAVE AGREED AS FOLLOWS:
Article
1
Scope
of the Convention
1. The following wastes that are
subject to transboundary movement shall be "hazardous wastes"
for the purposes of this Convention:
(a) Wastes that belong to any category
contained in Annex I, unless they do not possess any of the characteristics
contained in Annex III; and
(b) Wastes that are not covered
under paragraph (a) but are defined as, or are considered to be,
hazardous wastes by the domestic legislation of the Party of export,
import or transit.
2. Wastes that belong to any category
contained in Annex II that are subject to transboundary movement
shall be "other wastes" for the purposes of this Convention.
3. Wastes which, as a result of
being radioactive, are subject to other international control systems,
including international instruments, applying specifically to radioactive
materials, are excluded from the scope of this Convention.
4. Wastes which derive from the
normal operations of a ship, the discharge of which is covered by
another international instrument, are excluded from the scope of
this Convention.
Article
2
Definitions
For the purposes of this Convention:
1. "Wastes" are substances
or objects which are disposed of or are intended to be disposed
of or are required to be disposed of by the provisions of national
law;
2. "Management" means
the collection, transport and disposal of hazardous wastes or other
wastes, including after-care of disposal sites;
3. "Transboundary movement"
means any movement of hazardous wastes or other wastes from an area
under the national jurisdiction of one State to or through an area
under the national jurisdiction of another State or to or through
an area not under the national jurisdiction of any State, provided
at least two States are involved in the movement;
4. "Disposal" means any
operation specified in Annex IV to this Convention;
5. "Approved site or facility"
means a site or facility for the disposal of hazardous wastes or
other wastes which is authorized or permitted to operate for this
purpose by a relevant authority of the State where the site or facility
is located;
6. "Competent authority"
means one governmental authority designated by a Party to be responsible,
within such geographical areas as the Party may think fit, for receiving
the notification of a transboundary movement of hazardous wastes
or other wastes, and any information related to it, and for responding
to such a notification, as provided in Article 6;
7. "Focal point" means
the entity of a Party referred to in Article 5 responsible for receiving
and submitting information as provided for in Articles 13 and 16;
8. "Environmentally sound management
of hazardous wastes or other wastes" means taking all practicable
steps to ensure that hazardous wastes or other wastes are managed
in a manner which will protect human health and the environment
against the adverse effects which may result from such wastes;
9. "Area under the national
jurisdiction of a State" means any land, marine area or air
space within which a State exercises administrative and regulatory
responsibility in accordance with international law in regard to
the protection of human health or the environment;
10. "State of export"
means a Party from which a transboundary movement of hazardous wastes
or other wastes is planned to be initiated or is initiated;
11. "State of import"
means a Party to which a transboundary movement of hazardous wastes
or other wastes is planned or takes place for the purpose of disposal
therein or for the purpose of loading prior to disposal in an area
not under the national jurisdiction of any State;
12. "State of transit"
means any State, other than the State of export or import, through
which a movement of hazardous wastes or other wastes is planned
or takes place;
13. "States concerned"
means Parties which are States of export or import, or transit States,
whether or not Parties;
14. "Person" means any
natural or legal person;
15. "Exporter" means any
person under the jurisdiction of the State of export who arranges
for hazardous wastes or other wastes to be exported;
16. "Importer" means any
person under the jurisdiction of the State of import who arranges
for hazardous wastes or other wastes to be imported;
17. "Carrier" means any
person who carries out the transport of hazardous wastes or other
wastes;
18. "Generator" means
any person whose activity produces hazardous wastes or other wastes
or, if that person is not known, the person who is in possession
and/or control of those wastes;
19. "Disposer" means any
person to whom hazardous wastes or other wastes are shipped and
who carries out the disposal of such wastes;
20. "Political and/or economic
integration organization" means an organization constituted
by sovereign States to which its member States have transferred
competence in respect of matters governed by this Convention and
which has been duly authorized, in accordance with its internal
procedures, to sign, ratify, accept, approve, formally confirm or
accede to it;
21. "Illegal traffic"
means any transboundary movement of hazardous wastes or other wastes
as specified in Article 9.
Article
3
National
Definitions of Hazardous Wastes
1. Each Party shall, within six
months of becoming a Party to this Convention, inform the Secretariat
of the Convention of the wastes, other than those listed in Annexes
I and II, considered or defined as hazardous under its national
legislation and of any requirements concerning transboundary movement
procedures applicable to such wastes.
2. Each Party shall subsequently
inform the Secretariat of any significant changes to the information
it has provided pursuant to paragraph 1.
3. The Secretariat shall forthwith
inform all Parties of the information it has received pursuant to
paragraphs 1 and 2.
4. Parties shall be responsible
for making the information transmitted to them by the Secretariat
under paragraph 3 available to their exporters.
Article
4
General
Obligations
1. (a) Parties exercising their
right to prohibit the import of hazardous wastes or other wastes
for disposal shall inform the other Parties of their decision pursuant
to Article 13.
(b) Parties shall prohibit or shall
not permit the export of hazardous wastes and other wastes to the
Parties which have prohibited the import of such wastes, when notified
pursuant to subparagraph (a) above.
(c) Parties shall prohibit or shall
not permit the export of hazardous wastes and other wastes if the
State of import does not consent in writing to the specific import,
in the case where that State of import has not prohibited the import
of such wastes.
2. Each Party shall take the appropriate
measures to:
(a) Ensure that the generation of
hazardous wastes and other wastes within it is reduced to a minimum,
taking into account social, technological and economic aspects;
(b) Ensure the availability of adequate
disposal facilities, for the environmentally sound management of
hazardous wastes and other wastes, that shall be located, to the
extent possible, within it, whatever the place of their disposal;
(c) Ensure that persons involved
in the management of hazardous wastes or other wastes within it
take such steps as are necessary to prevent pollution due to hazardous
wastes and other wastes arising from such management and, if such
pollution occurs, to minimize the consequences thereof for human
health and the environment;
(d) Ensure that the transboundary
movement of hazardous wastes and other wastes is reduced to the
minimum consistent with the environmentally sound and efficient
management of such wastes, and is conducted in a manner which will
protect human health and the environment against the adverse effects
which may result from such movement;
(e) Not allow the export of hazardous
wastes or other wastes to a State or group of States belonging to
an economic and/or political integration organization that are Parties,
particularly developing countries, which have prohibited by their
legislation all imports, or if it has reason to believe that the
wastes in question will not be managed in an environmentally sound
manner, according to criteria to be decided on by the Parties at
their first meeting.
(f) Require that information about
a proposed transboundary movement of hazardous wastes and other
wastes be provided to the States concerned, according to Annex V
A, to state clearly the effects of the proposed movement on human
health and the environment;
(g) Prevent the import of hazardous
wastes and other wastes if it has reason to believe that the wastes
in question will not be managed in an environmentally sound manner;
(h) Co-operate in activities with
other Parties and interested organizations, directly and through
the Secretariat, including the dissemination of information on the
transboundary movement of hazardous wastes and other wastes, in
order to improve the environmentally sound management of such wastes
and to achieve the prevention of illegal traffic.
3. The Parties consider that illegal
traffic in hazardous wastes or other wastes is criminal.
4. Each Party shall take appropriate
legal, administrative and other measures to implement and enforce
the provisions of this Convention, including measures to prevent
and punish conduct in contravention of the Convention.
5. A Party shall not permit hazardous
wastes or other wastes to be exported to a non-Party or to be imported
from a non-Party.
6. The Parties agree not to allow
the export of hazardous wastes or other wastes for disposal within
the area south of 60?South latitude, whether or not such wastes
are subject to transboundary movement.
7. Furthermore, each Party shall:
(a) Prohibit all persons under its
national jurisdiction from transporting or disposing of hazardous
wastes or other wastes unless such persons are authorized or allowed
to perform such types of operations;
(b) Require that hazardous wastes
and other wastes that are to be the subject of a transboundary movement
be packaged, labelled, and transported in conformity with generally
accepted and recognized international rules and standards in the
field of packaging, labelling, and transport, and that due account
is taken of relevant internationally recognized practices;
(c) Require that hazardous wastes
and other wastes be accompanied by a movement document from the
point at which a transboundary movement commences to the point of
disposal.
8. Each Party shall require that
hazardous wastes or other wastes, to be exported, are managed in
an environmentally sound manner in the State of import or elsewhere.
Technical guidelines for the environmentally sound management of
wastes subject to this Convention shall be decided by the Parties
at their first meeting.
9. Parties shall take the appropriate
measures to ensure that the transboundary movement of hazardous
wastes and other wastes only be allowed if:
(a) The State of export does not
have the technical capacity and the necessary facilities, capacity
or suitable disposal sites in order to dispose of the wastes in
question in an environmentally sound and efficient manner; or
(b) The wastes in question are required
as a raw material for recycling or recovery industries in the State
of import; or
(c) The transboundary movement in
question is in accordance with other criteria to be decided by the
Parties, provided those criteria do not differ from the objectives
of this Convention.
10. The obligation under this Convention
of States in which hazardous wastes and other wastes are generated
to require that those wastes are managed in an environmentally sound
manner may not under any circumstances be transferred to the States
of import or transit.
11. Nothing in this Convention shall
prevent a Party from imposing additional requirements that are consistent
with the provisions of this Convention, and are in accordance with
the rules of international law, in order better to protect human
health and the environment.
12. Nothing in this Convention shall
affect in any way the sovereignty of States over their territorial
sea established in accordance with international law, and the sovereign
rights and the jurisdiction which States have in their exclusive
economic zones and their continental shelves in accordance with
international law, and the exercise by ships and aircraft of all
States of navigational rights and freedoms as provided for in international
law and as reflected in relevant international instruments.
13. Parties shall undertake to review
periodically the possibilities for the reduction of the amount and/or
the pollution potential of hazardous wastes and other wastes which
are exported to other States, in particular to developing countries.
Article
5
Designation
of Competent Authorities and Focal Point
To facilitate the implementation
of this Convention, the Parties shall:
1. Designate or establish one or
more competent authorities and one focal point. One competent authority
shall be designated to receive the notification in case of a State
of transit.
2. Inform the Secretariat, within
three months of the date of the entry into force of this Convention
for them, which agencies they have designated as their focal point
and their competent authorities.
3. Inform the Secretariat, within
one month of the date of decision, of any changes regarding the
designation made by them under paragraph 2 above.
Article
6
Transboundary
Movement between Parties
1. The State of export shall notify,
or shall require the generator or exporter to notify, in writing,
through the channel of the competent authority of the State of export,
the competent authority of the States concerned of any proposed
transboundary movement of hazardous wastes or other wastes. Such
notification shall contain the declarations and information specified
in Annex V A, written in a language acceptable to the State of import.
Only one notification needs to be sent to each State concerned.
2. The State of import shall respond
to the notifier in writing, consenting to the movement with or without
conditions, denying permission for the movement, or requesting additional
information. A copy of the final response of the State of import
shall be sent to the competent authorities of the States concerned
which are Parties.
3. The State of export shall not
allow the generator or exporter to commence the transboundary movement
until it has received written confirmation that:
(a) The notifier has received the
written consent of the State of import; and
(b) The notifier has received from
the State of import confirmation of the existence of a contract
between the exporter and the disposer specifying environmentally
sound management of the wastes in question.
4. Each State of transit which is
a Party shall promptly acknowledge to the notifier receipt of the
notification. It may subsequently respond to the notifier in writing,
within 60 days, consenting to the movement with or without conditions,
denying permission for the movement, or requesting additional information.
The State of export shall not allow the transboundary movement to
commence until it has received the written consent of the State
of transit. However, if at any time a Party decides not to require
prior written consent, either generally or under specific conditions,
for transit transboundary movements of hazardous wastes or other
wastes, or modifies its requirements in this respect, it shall forthwith
inform the other Parties of its decision pursuant to Article 13.
In this latter case, if no response is received by the State of
export within 60 days of the receipt of a given notification by
the State of transit, the State of export may allow the export to
proceed through the State of transit.
5. In the case of a transboundary
movement of wastes where the wastes are legally defined as or considered
to be hazardous wastes only:
(a) By the State of export, the
requirements of paragraph 9 of this Article that apply to the importer
or disposer and the State of import shall apply mutatis mutandis
to the exporter and State of export, respectively;
(b) By the State of import, or by
the States of import and transit which are Parties, the requirements
of paragraphs 1, 3, 4 and 6 of this Article that apply to the exporter
and State of export shall apply mutatis mutandis to the importer
or disposer and State of import, respectively; or
(c) By any State of transit which
is a Party, the provisions of paragraph 4 shall apply to such State.
6. The State of export may, subject
to the written consent of the States concerned, allow the generator
or the exporter to use a general notification where hazardous wastes
or other wastes having the same physical and chemical characteristics
are shipped regularly to the same disposer via the same customs
office of exit of the State of export via the same customs office
of entry of the State of import, and, in the case of transit, via
the same customs office of entry and exit of the State or States
of transit.
7. The States concerned may make
their written consent to the use of the general notification referred
to in paragraph 6 subject to the supply of certain information,
such as the exact quantities or periodical lists of hazardous wastes
or other wastes to be shipped.
8. The general notification and
written consent referred to in paragraphs 6 and 7 may cover multiple
shipments of hazardous wastes or other wastes during a maximum period
of 12 months.
9. The Parties shall require that
each person who takes charge of a transboundary movement of hazardous
wastes or other wastes sign the movement document either upon delivery
or receipt of the wastes in question. They shall also require that
the disposer inform both the exporter and the competent authority
of the State of export of receipt by the disposer of the wastes
in question and, in due course, of the completion of disposal as
specified in the notification. If no such information is received
within the State of export, the competent authority of the State
of export or the exporter shall so notify the State of import.
10. The notification and response
required by this Article shall be transmitted to the competent authority
of the Parties concerned or to such governmental authority as may
be appropriate in the case of non-Parties.
11. Any transboundary movement of
hazardous wastes or other wastes shall be covered by insurance,
bond or other guarantee as may be required by the State of import
or any State of transit which is a Party.
Article
7
Transboundary
Movement from a Party through
States
which are not Parties
Paragraph 1 of Article 6 of the
Convention shall apply mutatis mutandis to transboundary
movement of hazardous wastes or other wastes from a Party through
a State or States which are not Parties.
Article
8
Duty to
Re-import
When a transboundary movement of
hazardous wastes or other wastes to which the consent of the States
concerned has been given, subject to the provisions of this Convention,
cannot be completed in accordance with the terms of the contract,
the State of export shall ensure that the wastes in question are
taken back into the State of export, by the exporter, if alternative
arrangements cannot be made for their disposal in an environmentally
sound manner, within 90 days from the time that the importing State
informed the State of export and the Secretariat, or such other
period of time as the States concerned agree. To this end, the State
of export and any Party of transit shall not oppose, hinder or prevent
the return of those wastes to the State of export.
Article
9
Illegal
Traffic
1. For the purpose of this Convention,
any transboundary movement of hazardous wastes or other wastes:
(a) without notification pursuant
to the provisions of this Convention to all States concerned; or
(b) without the consent pursuant
to the provisions of this Convention of a State concerned; or
(c) with consent obtained from States
concerned through falsification, misrepresentation or fraud; or
(d) that does not conform in a material
way with the documents; or
(e) that results in deliberate disposal
(e.g. dumping) of hazardous wastes or other wastes in contravention
of this Convention and of general principles of international law,
shall be deemed to be illegal traffic.
2. In case of a transboundary movement
of hazardous wastes or other wastes deemed to be illegal traffic
as the result of conduct on the part of the exporter or generator,
the State of export shall ensure that the wastes in question are:
(a) taken back by the exporter or
the generator or, if necessary, by itself into the State of export,
or, if impracticable,
(b) are otherwise disposed of in
accordance with the provisions of this Convention,
within 30 days from the time the
State of export has been informed about the illegal traffic or such
other period of time as States concerned may agree. To this end
the Parties concerned shall not oppose, hinder or prevent the return
of those wastes to the State of export.
3. In the case of a transboundary
movement of hazardous wastes or other wastes deemed to be illegal
traffic as the result of conduct on the part of the importer or
disposer, the State of import shall ensure that the wastes in question
are disposed of in an environmentally sound manner by the importer
or disposer or, if necessary, by itself within 30 days from the
time the illegal traffic has come to the attention of the State
of import or such other period of time as the States concerned may
agree. To this end, the Parties concerned shall co-operate, as necessary,
in the disposal of the wastes in an environmentally sound manner.
4. In cases where the responsibility
for the illegal traffic cannot be assigned either to the exporter
or generator or to the importer or disposer, the Parties concerned
or other Parties, as appropriate, shall ensure, through co-operation,
that the wastes in question are disposed of as soon as possible
in an environmentally sound manner either in the State of export
or the State of import or elsewhere as appropriate.
5. Each Party shall introduce appropriate
national/domestic legislation to prevent and punish illegal traffic.
The Parties shall co-operate with a view to achieving the objects
of this Article.
Article
10
International
Co-operation
1. The Parties shall co-operate
with each other in order to improve and achieve environmentally
sound management of hazardous wastes and other wastes.
2. To this end, the Parties shall:
(a) Upon request, make available
information, whether on a bilateral or multilateral basis, with
a view to promoting the environmentally sound management of hazardous
wastes and other wastes, including harmonization of technical standards
and practices for the adequate management of hazardous wastes and
other wastes;
(b) Co-operate in monitoring the
effects of the management of hazardous wastes on human health and
the environment;
(c) Co-operate, subject to their
national laws, regulations and policies, in the development and
implementation of new environmentally sound low-waste technologies
and the improvement of existing technologies with a view to eliminating,
as far as practicable, the generation of hazardous wastes and other
wastes and achieving more effective and efficient methods of ensuring
their management in an environmentally sound manner, including the
study of the economic, social and environmental effects of the adoption
of such new or improved technologies;
(d) Co-operate actively, subject
to their national laws, regulations and policies, in the transfer
of technology and management systems related to the environmentally
sound management of hazardous wastes and other wastes. They shall
also co-operate in developing the technical capacity among Parties,
especially those which may need and request technical assistance
in this field;
(e) Co-operate in developing appropriate
technical guidelines and/or codes of practice.
3. The Parties shall employ appropriate
means to co-operate in order to assist developing countries in the
implementation of subparagraphs a, b, c and d of paragraph 2 of
Article 4.
4. Taking into account the needs
of developing countries, co-operation between Parties and the competent
international organizations is encouraged to promote, inter alia,
public awareness, the development of sound management of hazardous
wastes and other wastes and the adoption of new low-waste technologies.
Article
11
Bilateral,
Multilateral and Regional Agreements
1. Notwithstanding the provisions
of Article 4 paragraph 5, Parties may enter into bilateral, multilateral,
or regional agreements or arrangements regarding transboundary movement
of hazardous wastes or other wastes with Parties or non-Parties
provided that such agreements or arrangements do not derogate from
the environmentally sound management of hazardous wastes and other
wastes as required by this Convention. These agreements or arrangements
shall stipulate provisions which are not less environmentally sound
than those provided for by this Convention in particular taking
into account the interests of developing countries.
2. Parties shall notify the Secretariat
of any bilateral, multilateral or regional agreements or arrangements
referred to in paragraph 1 and those which they have entered into
prior to the entry into force of this Convention for them, for the
purpose of controlling transboundary movements of hazardous wastes
and other wastes which take place entirely among the Parties to
such agreements. The provisions of this Convention shall not affect
transboundary movements which take place pursuant to such agreements
provided that such agreements are compatible with the environmentally
sound management of hazardous wastes and other wastes as required
by this Convention.
Article
12
Consultations
on Liability
The Parties shall co-operate with
a view to adopting, as soon as practicable, a protocol setting out
appropriate rules and procedures in the field of liability and compensation
for damage resulting from the transboundary movement and disposal
of hazardous wastes and other wastes.
Article
13
Transmission
of Information
1. The Parties shall, whenever it
comes to their knowledge, ensure that, in the case of an accident
occurring during the transboundary movement of hazardous wastes
or other wastes or their disposal, which are likely to present risks
to human health and the environment in other States, those states
are immediately informed.
2. The Parties shall inform each
other, through the Secretariat, of:
(a) Changes regarding the designation
of competent authorities and/or focal points, pursuant to Article
5;
(b) Changes in their national definition
of hazardous wastes, pursuant to Article 3;
and, as soon as possible,
(c) Decisions made by them not to
consent totally or partially to the import of hazardous wastes or
other wastes for disposal within the area under their national jurisdiction;
(d) Decisions taken by them to limit
or ban the export of hazardous wastes or other wastes;
(e) Any other information required
pursuant to paragraph 4 of this Article.
3. The Parties, consistent with
national laws and regulations, shall transmit, through the Secretariat,
to the Conference of the Parties established under Article 15, before
the end of each calendar year, a report on the previous calendar
year, containing the following information:
(a) Competent authorities and focal
points that have been designated by them pursuant to Article 5;
(b) Information regarding transboundary
movements of hazardous wastes or other wastes in which they have
been involved, including:
(i) The amount of hazardous wastes
and other wastes exported, their category, characteristics, destination,
any transit country and disposal method as stated on the response
to notification;
(ii) The amount of hazardous wastes
and other wastes imported, their category, characteristics, origin,
and disposal methods;
(iii) Disposals which did not proceed
as intended;
(iv) Efforts to achieve a reduction
of the amount of hazardous wastes or other wastes subject to transboundary
movement;
(c) Information on the measures
adopted by them in implementation of this Convention;
(d) Information on available qualified
statistics which have been compiled by them on the effects on human
health and the environment of the generation, transportation and
disposal of hazardous wastes or other wastes;
(e) Information concerning bilateral,
multilateral and regional agreements and arrangements entered into
pursuant to Article 11 of this Convention;
(f) Information on accidents occurring
during the transboundary movement and disposal of hazardous wastes
and other wastes and on the measures undertaken to deal with them;
(g) Information on disposal options
operated within the area of their national jurisdiction;
(h) Information on measures undertaken
for development of technologies for the reduction and/or elimination
of production of hazardous wastes and other wastes; and
(i) Such other matters as the Conference
of the Parties shall deem relevant.
4. The Parties, consistent with
national laws and regulations, shall ensure that copies of each
notification concerning any given transboundary movement of hazardous
wastes or other wastes, and the response to it, are sent to the
Secretariat when a Party considers that its environment may be affected
by that transboundary movement has requested that this should be
done.
Article 14
Financial Aspects
1. The Parties agree that, according
to the specific needs of different regions and subregions, regional
or sub-regional centres for training and technology transfers regarding
the management of hazardous wastes and other wastes and the minimization
of their generation should be established. The Parties shall decide
on the establishment of appropriate funding mechanisms of a voluntary
nature.
2. The Parties shall consider the
establishment of a revolving fund to assist on an interim basis
in case of emergency situations to minimize damage from accidents
arising from transboundary movements of hazardous wastes and other
wastes or during the disposal of those wastes.
Article 15
Conference of the Parties
1. A Conference of the Parties is
hereby established. The first meeting of the Conference of the Parties
shall be convened by the Executive Director of UNEP not later than
one year after the entry into force of this Convention. Thereafter,
ordinary meetings of the Conference of the Parties shall be held
at regular intervals to be determined by the Conference at its first
meeting.
2. Extraordinary meetings of the
Conference of the Parties shall be held at such other times as may
be deemed necessary by the Conference, or at the written request
of any Party, provided that, within six months of the request being
communicated to them by the Secretariat, it is supported by at least
one third of the Parties.
3. The Conference of the Parties
shall by consensus agree upon and adopt rules of procedure for itself
and for any subsidiary body it may establish, as well as financial
rules to determine in particular the financial participation of
the Parties under this Convention.
4. The Parties at their first meeting
shall consider any additional measures needed to assist them in
fulfilling their responsibilities with respect to the protection
and the preservation of the marine environment in the context of
this Convention.
5. The Conference of the Parties
shall keep under continuous review and evaluation the effective
implementation of this Convention, and, in addition, shall:
(a) Promote the harmonization of
appropriate policies, strategies and measures for minimizing harm
to human health and the environment by hazardous wastes and other
wastes;
(b) Consider and adopt, as required,
amendments to this Convention and its annexes, taking into consideration,
inter alia, available scientific, technical, economic
and environmental information;
(c) Consider and undertake any additional
action that may be required for the achievement of the purposes
of this Convention in the light of experience gained in its operation
and in the operation of the agreements and arrangements envisaged
in Article 11;
(d) Consider and adopt protocols
as required; and
(e) Establish such subsidiary bodies
as are deemed necessary for the implementation of this Convention.
6. The United Nations, its specialized
agencies, as well as any State not Party to this Convention, may
be represented as observers at meetings of the Conference of the
Parties. Any other body or agency, whether national or international,
governmental or non-governmental, qualified in fields relating to
hazardous wastes or other wastes which has informed the Secretariat
of its wish to be represented as an observer at a meeting of the
Conference of Parties, may be admitted unless at least one third
of the Parties present object. The admission and participation of
observers shall be subject to the rules of procedure adopted by
the Conference of the Parties.
7. The Conference of the Parties
shall undertake three years after the entry into force of this Convention,
and at least every six years thereafter, an evaluation of its effectiveness
and, if deemed necessary, to consider the adoption of a complete
or partial ban of transboundary movements of hazardous wastes and
other wastes in light of the latest scientific, environmental, technical
and economic information.
Article 16
Secretariat
1. The functions of the Secretariat
shall be:
(a) To arrange for and service meetings
provided for in Articles 15 and 17;
(b) To prepare and transmit reports
based upon information received in accordance with Articles 3, 4,
6, 11 and 13 as well as upon information derived from meetings of
subsidiary bodies established under Article 15 as well as upon,
as appropriate, information provided by relevant intergovernmental
and non-governmental entities;
(c) To prepare reports on its activities
carried out in implementation of its functions under this Convention
and present them to the Conference of the Parties;
(d) To ensure the necessary coordination
with relevant international bodies, and in particular to enter into
such administrative and contractual arrangements as may be required
for the effective discharge of its function;
(e) To communicate with Focal Points
and Competent Authorities established by the Parties in accordance
with Article 5 of this Convention;
(f) To compile information concerning
authorized national sites and facilities of Parties available for
the disposal of their hazardous wastes and other wastes and to circulate
this information among Parties;
(g) To receive and convey information
from and to Parties on:
- sources of technical assistance
and training;
- available technical and scientific
know-how;
- sources of advice and expertise;
and
- availability of resources
with a view to assisting them, upon
request, in such areas as:
- the handling of the notification
system of this Convention;
- the management of hazardous wastes
and other wastes;
- environmentally sound technologies
relating to hazardous wastes and other wastes; such as low- and
non-waste technology;
- the assessment of disposal capabilities
and sites;
- the monitoring of hazardous wastes
and other wastes; and
- emergency responses;
(h) To provide Parties, upon request,
with information on consultants or consulting firms having the necessary
technical competence in the field, which can assist them to examine
a notification for a transboundary movement, the concurrence of
a shipment of hazardous wastes or other wastes with the relevant
notification, and/or the fact that the proposed disposal facilities
for hazardous wastes or other wastes are environmentally sound,
when they have reason to believe that the wastes in question will
not be managed in an environmentally sound manner. Any such examination
would not be at the expense of the Secretariat;
(i) To assist Parties upon request
in their identification of cases of illegal traffic and to circulate
immediately to the Parties concerned any information it has received
regarding illegal traffic;
(j) To co-operate with Parties and
with relevant and competent international organizations and agencies
in the provision of experts and equipment for the purpose of rapid
assistance to States in the event of an emergency situation; and
(k) To perform such other functions
relevant to the purposes of this Convention as may be determined
by the Conference of the Parties.
2. The Secretariat functions will
be carried out on an interim basis by UNEP until the completion
of the first meeting of the Conference of the Parties held pursuant
to Article 15.
3. At its first meeting, the Conference
of the Parties shall designate the Secretariat from among those
existing competent intergovernmental organizations which have signified
their willingness to carry out the Secretariat functions under this
Convention. At this meeting, the Conference of the Parties shall
also evaluate the implementation by the interim Secretariat of the
functions assigned to it, in particular under paragraph 1 above,
and decide upon the structures appropriate for those functions.
Article 17
Amendment of the Convention
1. Any Party may propose amendments
to this Convention and any Party to a protocol may propose amendments
to that protocol. Such amendments shall take due account, inter
alia, of relevant scientific and technical considerations.
2. Amendments to this Convention
shall be adopted at a meeting of the Conference of the Parties.
Amendments to any protocol shall be adopted at a meeting of the
Parties to the protocol in question. The text of any proposed amendment
to this Convention or to any protocol, except as may otherwise be
provided in such protocol, shall be communicated to the Parties
by the Secretariat at least six months before the meeting at which
it is proposed for adoption. The Secretariat shall also communicate
proposed amendments to the Signatories to this Convention for information.
3. The Parties shall make every
effort to reach agreement on any proposed amendment to this Convention
by consensus. If all efforts at consensus have been exhausted, and
no agreement reached, the amendment shall as a last resort be adopted
by a three-fourths majority of the Parties present and voting at
the meeting, and shall be submitted by the Depositary to all Parties
for ratification, approval, formal confirmation or acceptance.
4. The procedure mentioned in paragraph
3 above shall apply to amendments to any protocol, except that a
two-thirds majority of the Parties to that protocol present and
voting at the meeting shall suffice for their adoption.
5. Instruments of ratification,
approval, formal confirmation or acceptance of amendments shall
be deposited with the Depositary. Amendments adopted in accordance
with paragraphs 3 or 4 above shall enter into force between Parties
having accepted them on the ninetieth day after the receipt by the
Depositary of their instrument of ratification, approval, formal
confirmation or acceptance by at least three-fourths of the Parties
who accepted them or by at least two thirds of the Parties to the
protocol concerned who accepted them, except as may otherwise be
provided in such protocol. The amendments shall enter into force
for any other Party on the ninetieth day after that Party deposits
its instrument of ratification, approval, formal confirmation or
acceptance of the amendments.
6. For the purpose of this Article,
"Parties present and voting" means Parties present and
casting an affirmative or negative vote.
Article 18
Adoption and Amendment
of Annexes
1. The annexes to this Convention
or to any protocol shall form an integral part of this Convention
or of such protocol, as the case may be and, unless expressly provided
otherwise, a reference to this Convention or its protocols constitutes
at the same time a reference to any annexes thereto. Such annexes
shall be restricted to scientific, technical and administrative
matters.
2. Except as may be otherwise provided
in any protocol with respect to its annexes, the following procedure
shall apply to the proposal, adoption and entry into force of additional
annexes to this Convention or of annexes to a protocol:
(a) Annexes to this Convention and
its protocols shall be proposed and adopted according to the procedure
laid down in Article 17, paragraphs 2, 3 and 4;
(b) Any Party that is unable to
accept an additional annex to this Convention or an annex to any
protocol to which it is party shall so notify the Depositary, in
writing, within six months from the date of the communication of
the adoption by the Depositary. The Depositary shall without delay
notify all Parties of any such notification received. A Party may
at any time substitute an acceptance for a previous declaration
of objection and the annexes shall thereupon enter into force for
that Party;
(c) On the expiry of six months
from the date of the circulation of the communication by the Depositary,
the annex shall become effective for all Parties to this Convention
or to any protocol concerned, which have not submitted a notification
in accordance with the provision of subparagraph (b) above.
3. The proposal, adoption and entry
into force of amendments to annexes to this Convention or to any
protocol shall be subject to the same procedure as for the proposal,
adoption and entry into force of annexes to the Convention or annexes
to a protocol. Annexes and amendments thereto shall take due account,
inter alia, of relevant scientific and technical considerations.
4. If an additional annex or an
amendment to an annex involves an amendment to this Convention or
to any protocol, the additional annex or amended annex shall not
enter into force until such time the amendment to this Convention
or to the protocol enters into force.
Article 19
Verification
Any Party which has reason to believe
that another Party is acting or has acted in breach of its obligations
under this Convention may inform the Secretariat thereof, and in
such an event, shall simultaneously and immediately inform, directly
or through the Secretariat, the Party against whom the allegations
are made. All relevant information should be submitted by the Secretariat
to the Parties.
Article 20
Settlement of Disputes
1. In case of a dispute between
Parties as to the interpretation or application of, or compliance
with, this Convention or any protocol thereto, they shall seek a
settlement of the dispute through negotiation or any other peaceful
means of their own choice.
2. If the Parties concerned cannot
settle their dispute through the means mentioned in the preceding
paragraph, the dispute, if the Parties to the dispute agree, shall
be submitted to the International Court of Justice or to arbitration
under the conditions set out in Annex VI on Arbitration. However,
failure to reach common agreement on submission of the dispute to
the International Court of Justice or to arbitration shall not absolve
the Parties from the responsibility of continuing to seek to resolve
it by the means referred to in paragraph 1.
3. When ratifying, accepting, approving,
formally confirming or acceding to this Convention, or at any time
thereafter, a State or political and/or economic integration organization
may declare that it recognizes as compulsory ipso facto and
without special agreement, in relation to any Party accepting the
same obligation:
(a) submission of the dispute to
the International Court of Justice; and/or
(b) arbitration in accordance with
the procedures set out in Annex VI.
Such declaration shall be notified
in writing to the Secretariat which shall communicate it to the
Parties.
Article 21
Signature
This Convention shall be open for
signature by States, by Namibia, represented by the United Nations
Council for Namibia, and by political and/or economic integration
organizations, in Basel on 22 March 1989, at the Federal Department
of Foreign Affairs of Switzerland in Berne from 23 March 1989 to
30 June 1989 and at United Nations Headquarters in New York from
1 July 1989 to 22 March 1990.
Article 22
Ratification, Acceptance,
Formal Confirmation or Approval
1. This Convention shall be subject
to ratification, acceptance or approval by States and by Namibia,
represented by the United Nations Council for Namibia, and to formal
confirmation or approval by political and/or economic integration
organizations. Instruments of ratification, acceptance, formal confirmation,
or approval shall be deposited with the Depositary.
2. Any organization referred to
in paragraph 1 above which becomes a Party to this Convention without
any of its members States being a Party shall be bound by all the
obligations under the Convention. In the case of such organizations,
one or more of whose member States is a Party to the Convention,
the organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under
the Convention. In such cases, the organization and the member States
shall not be entitled to exercise rights under the Convention concurrently.
3. In their instruments of formal
confirmation or approval, the organizations referred to in paragraph
1 above shall declare the extent of their competence with respect
to the matters governed by the Convention. These organizations shall
also inform the Depositary, who will inform the Parties of any substantial
modification in the extent of their competence.
Article 23
Accession
1. This Convention shall be open
for accession by States, by Namibia, represented by the United Nations
Council for Namibia, and by political and/or economic integration
organizations from the day after the date on which the Convention
is closed for signature. The instruments of accession shall be deposited
with the Depositary.
2. In their instruments of accession,
the organizations referred to in paragraph 1 above shall declare
the extent of their competence with respect to the matters governed
by the Convention. These organizations shall also inform the Depositary
of any substantial modification in the extent of their competence.
3. The provisions of Article 22,
paragraph 2, shall apply to political and/or economic integration
organizations which accede to this Convention.
Article 24
Right to Vote
1. Except as provided for in paragraph
2 below, each Contracting Party to this Convention shall have one
vote.
2. Political and/or economic integration
organizations, in matters within their competence, in accordance
with Article 22, paragraph 3, and Article 23, paragraph 2, shall
exercise their right to vote with a number of votes equal to the
number of their member States which are Parties to the Convention
or the relevant protocol. Such organizations shall not exercise
their right to vote if their member States exercise theirs, and
vice versa.
Article 25
Entry into Force
1. This Convention shall enter into
force on the ninetieth day after the day of deposit of the twentieth
instrument of ratification, acceptance, formal confirmation, approval
or accession.
2. For each State or political and/or
economic integration organization which ratifies, accepts, approves
or formally confirms this Convention or accedes thereto after the
date of the deposit of the twentieth instrument of ratification,
acceptance, approval, formal confirmation or accession, it shall
enter into force on the ninetieth day after the date of deposit
by such State or political and/or economic integration organization
of its instrument of ratification, acceptance, approval, formal
confirmation or accession.
3. For the purpose of paragraphs
1 and 2 above, any instrument deposited by a political and/or economic
integration organization shall not be counted as additional to those
deposited by member States of such organization.
Article 26
Reservations and Declarations
1. No reservation or exception may
be made to this Convention.
2. Paragraph 1 of this Article does
not preclude a State or political and/or economic integration organization,
when signing, ratifying, accepting, approving, formally confirming
or acceding to this Convention, from making declarations or statements,
however phrased or named, with a view, inter alia, to the
harmonization of its laws and regulations with the provisions of
this Convention, provided that such declarations or statements do
not purport to exclude or to modify the legal effects of the provisions
of the Convention in their application to that State.
Article 27
Withdrawal
1. At any time after three years
from the date on which this Convention has entered into force for
a Party, that Party may withdraw from the Convention by giving written
notification to the Depositary.
2. Withdrawal shall be effective
one year from receipt of notification by the Depositary, or on such
later date as may be specified in the notification.
Article 28
Depository
The Secretary-General of the United
Nations shall be the Depository of this Convention and of any protocol
thereto.
Article 29
Authentic texts
The original Arabic, Chinese, English,
French, Russian and Spanish texts of this Convention are equally
authentic.
IN WITNESS WHEREOF the undersigned,
being duly authorized to that effect, have signed this Convention.
Done at...................................on
the..............day of....................................1989
Annex
I
CATEGORIES
OF WASTES TO BE CONTROLLED
Waste Streams
Y1 Clinical wastes from medical care in hospitals,
medical centers and clinics
Y2 Wastes from the production and preparation of pharmaceutical
products
Y3 Waste pharmaceuticals, drugs and medicines
Y4 Wastes from the production, formulation and use
of biocides and phytopharmaceuticals
Y5 Wastes from the manufacture, formulation and use
of wood preserving chemicals
Y6 Wastes from the production, formulation and use
of organic solvents
Y7 Wastes from heat treatment and tempering operations
containing cyanides
Y8 Waste mineral oils unfit for their originally intended
use
Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions
Y10 Waste substances and articles containing or contaminated
with polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls
(PCTs) and/or polybrominated biphenyls (PBBs)
Y11 Waste tarry residues arising from refining, distillation
and any pyrolytic treatment
Y12 Wastes from production, formulation and use of inks,
dyes, pigments, paints, lacquers, varnish
Y13 Wastes from production, formulation and use of resins,
latex, plasticizers, glues/adhesives
Y14 Waste chemical substances arising from research
and development or teaching activities which are not identified
and/or are new and whose effects on man and/or the environment are
not known
Y15 Wastes of an explosive nature not subject to other
legislation
Y16 Wastes from production, formulation and use of photographic
chemicals and processing materials
Y17 Wastes resulting from surface treatment of metals
and plastics
Y18 Residues arising from industrial waste disposal
operations
Wastes having as constituents:
Y19 Metal carbonyls
Y20 Beryllium; beryllium compounds
Y21 Hexavalent chromium compounds
Y22 Copper compounds
Y23 Zinc compounds
Y24 Arsenic; arsenic compounds
Y25 Selenium; selenium compounds
Y26 Cadmium; cadmium compounds
Y27 Antimony; antimony compounds
Y28 Tellurium; tellurium compounds
Y29 Mercury; mercury compounds
Y30 Thallium; thallium compounds
Y31 Lead; lead compounds
Y32 Inorganic fluorine compounds excluding calcium fluoride
Y33 Inorganic cyanides
Y34 Acidic solutions or acids in solid form
Y35 Basic solutions or bases in solid form
Y36 Asbestos (dust and fibres)
Y37 Organic phosphorus compounds
Y38 Organic cyanides
Y39 Phenols; phenol compounds including chlorophenols
Y40 Ethers
Y41 Halogenated organic solvents
Y42 Organic solvents excluding halogenated solvents
Y43 Any congenor of polychlorinated dibenzo-furan
Y44 Any congenor of polychlorinated dibenzo-p-dioxin
Y45 Organohalogen compounds other than substances referred
to in this Annex (e.g. Y39, Y41, Y42, Y43, Y44)
(a) To facilitate the application
of this Convention, and subject to paragraphs (b), (c) and (d),
wastes listed in Annex VIII are characterized as hazardous pursuant
to Article 1, paragraph 1 (a), of this Convention, and wastes listed
in Annex IX are not covered by Article 1, paragraph 1 (a), of this
Convention.
(b) Designation of a waste on Annex
VIII does not preclude, in a particular case, the use of Annex III
to demonstrate that a waste is not hazardous pursuant to Article
1, paragraph 1 (a), of this Convention.
(c) Designation of a waste on Annex
IX does not preclude, in a particular case, characterization of
such a waste as hazardous pursuant to Article 1, paragraph 1 (a),
of this Convention if it contains Annex I material to an extent
causing it to exhibit an Annex III characteristic.
(d) Annexes VIII and IX do not affect
the application of Article 1, paragraph 1 (a), of this Convention
for the purpose of characterization of wastes.(1)
Annex
II
CATEGORIES
OF WASTES REQUIRING SPECIAL CONSIDERATION
Y46 - Wastes collected from households
Y47 - Residues arising from the incineration of household
wastes
Annex
III
LIST OF HAZARDOUS
CHARACTERISTICS
UN Class(2) Code Characteristics
1 H1 Explosive
An explosive substance or waste
is a solid or liquid substance or waste (or mixture of substances
or wastes) which is in itself capable by chemical reaction of producing
gas at such a temperature and pressure and at such speed as to cause
damage to the surroundings.
3 H3 Flammable liquids
The word "flammable" has
the same meaning as "inflammable." Flammable liquids are
liquids, or mixtures of liquids, or liquids containing solids in
solution or suspension (for example, paints, varnishes, lacquers,
etc., but not including substances or wastes otherwise classified
on account of their dangerous characteristics) which give off a
flammable vapour at temperatures of not more than 60.5 C, closed-cup
test, or not more than 65.6C, open-cup test. (Since the results
of open-cup tests and of closed-cup tests are not strictly comparable
and even individual results by the same test are often variable,
regulations varying from the above figures to make allowance for
such differences would be within the spirit of this definition.)
4.1 H4.1 Flammable solids
Solids, or waste solids, other than
those classed as explosives, which under conditions encountered
in transport are readily combustible, or may cause or contribute
to fire through friction.
4.2 H4.2 Substances or wastes liable
to spontaneous combustion
Substances or wastes which are liable
to spontaneous heating under normal conditions encountered in transport,
or to heating up on contact with air, and being then liable to catch
fire.
4.3 H4.3 Substances or wastes which,
in contact with water emit flammable gases
Substances or wastes which, by interaction
with water, are liable to become spontaneously flammable or to give
off flammable gases in dangerous quantities.
5.1 H5.1 Oxidizing
Substances or wastes which, while
in themselves not necessarily combustible, may, generally by yielding
oxygen cause, or contribute to, the combustion of other materials.
5.2 H5.2 Organic Peroxides
Organic substances or wastes which
contain the bivalent-O-O- structure are thermally unstable substances
which may undergo exothermic self-accelerating decomposition.
6.1 H6.1 Poisonous (Acute)
Substances or wastes liable either
to cause death or serious injury or to harm health if swallowed
or inhaled or by skin contact.
6.2 H6.2 Infectious substances
Substances or wastes containing
viable micro organisms or their toxins which are known or suspected
to cause disease in animals or humans.
8 H8 Corrosives
Substances or wastes which, by chemical
action, will cause severe damage when in contact with living tissue,
or, in the case of leakage, will materially damage, or even destroy,
other goods or the means of transport; they may also cause other
hazards.
9 H10 Liberation of toxic gases
in contact with air or water
Substances or wastes which, by interaction
with air or water, are liable to give off toxic gases in dangerous
quantities.
9 H11 Toxic (Delayed or chronic)
Substances or wastes which, if they
are inhaled or ingested or if they penetrate the skin, may involve
delayed or chronic effects, including carcinogenicity.
9 H12 Ecotoxic
Substances or wastes which if released
present or may present immediate or delayed adverse impacts to the
environment by means of bioaccumulation and/or toxic effects upon
biotic systems.
9 H13 Capable, by any means, after
disposal, of yielding another material, e.g., leachate, which possesses
any of the characteristics listed above.
Tests
The potential hazards posed by certain
types of wastes are not yet fully documented; tests to define quantitatively
these hazards do not exist. Further research is necessary in order
to develop means to characterize potential hazards posed to man
and/or the environment by these wastes. Standardized tests have
been derived with respect to pure substances and materials. Many
countries have developed national tests which can be applied to
materials listed in Annex I, in order to decide if these materials
exhibit any of the characteristics listed in this Annex.
Annex
IV
DISPOSAL
OPERATIONS
A. OPERATIONS WHICH DO NOT LEAD
TO THE POSSIBILITY OF RESOURCE
RECOVERY, RECYCLING, RECLAMATION,
DIRECT RE-USE OR
ALTERNATIVE USES
Section A encompasses all such disposal
operations which occur in practice.
D1 Deposit into or onto land, (e.g.,
landfill, etc.)
D2 Land treatment, (e.g., biodegradation
of liquid or sludgy discards in soils, etc.)
D3 Deep injection, (e.g., injection
of pumpable discards into wells, salt domes of naturally occurring
repositories, etc.)
D4 Surface impoundment, (e.g., placement
of liquid or sludge discards into pits, ponds or lagoons, etc.)
D5 Specially engineered landfill,
(e.g., placement into lined discrete cells which are capped and
isolated from one another and the environment, etc.)
D6 Release into a water body except
seas/oceans
D7 Release into seas/oceans including
sea-bed insertion
D8 Biological treatment not specified
elsewhere in this Annex which results in final compounds or mixtures
which are discarded by means of any of the operations in Section
A
D9 Physico chemical treatment not
specified elsewhere in this Annex which results in final compounds
or mixtures which are discarded by means of any of the operations
in Section A, (e.g., evaporation, drying, calcination, neutralization,
precipitation, etc.)
D10 Incineration on land
D11 Incineration at sea
D12 Permanent storage (e.g., emplacement
of containers in a mine, etc.)
D13 Blending or mixing prior to
submission to any of the operations in Section A
D14 Repackaging prior to submission
to any of the operations in Section A
D15 Storage pending any of the operations
in Section A
B. OPERATIONS WHICH MAY LEAD TO
RESOURCE RECOVERY, RECYCLING
RECLAMATION, DIRECT RE-USE OR ALTERNATIVE
USES
Section B encompasses all such operations
with respect to materials
legally defined as or considered
to be hazardous wastes and which
otherwise would have been destined
for operations included in Section A
R1 Use as a fuel (other than in
direct incineration) or other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic
substances which are not used as solvents
R4 Recycling/reclamation of metals
and metal compounds
R5 Recycling/reclamation of other
inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for
pollution abatement
R8 Recovery of components from catalysts
R9 Used oil re-refining or other
reuses of previously used oil
R10 Land treatment resulting in
benefit to agriculture or ecological improvement
R11 Uses of residual materials obtained
from any of the operations numbered R1-R10
R12 Exchange of wastes for submission
to any of the operations numbered R1-R11
R13 Accumulation of material intended
for any operation in Section B
Annex
V A
INFORMATION
TO BE PROVIDED ON NOTIFICATION
1. Reason for waste export
2. Exporter of the waste 1/
3. Generator(s) of the waste and
site of generation 1/
4. Disposer of the waste and actual
site of disposal 1/
5. Intended carrier(s) of the waste
or their agents, if known 1/
6. Country of export of the waste
Competent authority 2/
7. Expected countries of transit
Competent authority 2/
8. Country of import of the waste
Competent authority 2/
9. General or single notification
10. Projected date(s) of shipment(s)
and period of time over which waste is to be exported and proposed
itinerary (including point of entry and exit) 3/
11. Means of transport envisaged
(road, rail, sea, air, inland waters)
12. Information relating to insurance
4/
13. Designation and physical description
of the waste including Y number and UN number and its composition
5/ and information on any special handling requirements including
emergency provisions in case of accidents
14. Type of packaging envisaged
(e.g. bulk, drummed, tanker)
15. Estimated quantity in weight/volume
6/
16. Process by which the waste is
generated 7/
17. For wastes listed in Annex I,
classifications from Annex III: hazardous characteristic, H number,
and UN class
18. Method of disposal as per Annex
IV
19. Declaration by the generator
and exporter that the information is correct
20. Information transmitted (including
technical description of the plant) to the exporter or generator
from the disposer of the waste upon which the latter has based his
assessment that there was no reason to believe that the wastes will
not be managed in an environmentally sound manner in accordance
with the laws and regulations of the country of import.
21. Information concerning the contract
between the exporter and disposer.
Notes
1/ Full name and address, telephone or telefax number and the name,
address, telephone, telex or telefax number of the person to be
contacted.
2/ Full name and address, telephone, telex or telefax number.
3/ In the case of a general notification covering several shipments,
either the expected dates of each shipment or, if this is not known,
the expected frequency of the shipments will be required.
4/ Information to be provided on relevant insurance requirements and
how they are met by exporter, carrier and disposer.
5/ The nature and the concentration of the most hazardous components,
in terms of toxicity and other dangers presented by the waste both
in handling and in relation to the proposed disposal method.
6/ In the case of a general notification covering several shipments,
both the estimated total quantity and the estimated quantities for
each individual shipment will be required.
7/ Insofar as this is necessary to assess the hazard and determine
the appropriateness of the proposed disposal operation.
Annex
V B
INFORMATION
TO BE PROVIDED ON THE MOVEMENT DOCUMENT
1. Exporter of the waste 1/
2. Generator(s) of the waste and
site of generation 1/
3. Disposer of the waste and actual
site of disposal 1/
4. Carrier(s) of the waste 1/
or his agent(s)
5. Subject of general or single
notification
6. The date the transboundary movement
started and date(s) and signature on receipt by each person who
takes charge of the waste
7. Means of transport (road, rail,
inland waterway, sea, air) including countries of export, transit
and import, also point of entry and exit where these have been designated
8. General description of the waste
(physical state, proper UN shipping name and class, UN number, Y
number and H number as applicable)
9. Information on special handling
requirements including emergency provision in case of accidents
10. Type and number of packages
11. Quantity in weight/volume
12. Declaration by the generator
or exporter that the information is correct
13. Declaration by the generator
or exporter indicating no objection from the competent authorities
of all States concerned which are Parties
14. Certification by disposer of
receipt at designated disposal facility and indication of method
of disposal and of the approximate date of disposal.
Notes
The information required on the
movement document shall where possible be integrated in one document
with that required under transport rules. Where this is not possible
the information should complement rather than duplicate that required
under the transport rules. The movement document shall carry instructions
as to who is to provide information and fill-out any form.
1/ Full name and address, telephone
or telefax number and the name, address, telephone, telex or telefax
number of the person to be contacted in case of emergency.
Annex
VI
ARBITRATION
Article 1
Unless the agreement referred to
in Article 20 of the Convention provides otherwise, the arbitration
procedure shall be conducted in accordance with Articles 2 to 10
below.
Article 2
The claimant party shall notify
the Secretariat that the Parties have agreed to submit the dispute
to arbitration pursuant to paragraph 2 or paragraph 3 of Article
20 and include, in particular, the Articles of the Convention the
interpretation or application of which are at issue. The Secretariat
shall forward the information thus received to all Parties to the
Convention.
Article 3
The arbitral tribunal shall consist
of three members. Each of the Parties to the dispute shall appoint
an arbitrator, and the two arbitrators so appointed shall designate
by common agreement the third arbitrator, who shall be the chairman
of the tribunal. The latter shall not be a national of one of the
Parties to the dispute, nor have his usual place of residence in
the territory of one of these Parties, nor be employed by any of
them, nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral
tribunal has not been designated within two months of the appointment
of the second arbitrator, the Secretary-General of the United Nations
shall, at the request of either Party, designate him within a further
two months period.
2. If one of the Parties to the
dispute does not appoint an arbitrator within two months of the
receipt of the request, the other Party may inform the Secretary-General
of the United Nations who shall designate the chairman of the arbitral
tribunal within a further two months' period. Upon designation,
the chairman of the arbitral tribunal shall request the Party which
has not appointed an arbitrator to do so within two months. After
such period, he shall inform th |