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CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF
HAZARDOUS WASTES AND THEIR DISPOSAL Disclaimer
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 their disposal,
Noting
that States should ensure that the generator should carry out duties with regard
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 tran sboundary 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 fulfillment 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 redu cing 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 haz ardous 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 airspace 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 accord ance 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 transmit ted 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 hazard ous 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
hazard ous 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 wa stes, 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 poli tical integration organization that are Parties,
particularly de veloping 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 mo
vement 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) Cooperate 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 contra- vention 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, labeled, and transported
in conformity with generally accepted and recognized international rules and
standards in the field of packaging, labeling, 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.
ll. 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.
ll. 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 2 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 cooperate, 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 cooperation,
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 Cooperation
1. The Parties shall cooperate
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)
Cooperate in monitoring the effects of the management of hazardous wastes on
human health and the environment;
(c) Cooperate, 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)
Cooperate 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 cooperate
in developing the technical capacity among Parties, especially those which may
need and request technical assistance in this field;
(e) Cooperate in developing appropriate technical
guidelines and/or codes of practice.
3. The Parties shall employ appropriate means to cooperate 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 cooperate 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 maybe 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 the 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 Article 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 internatio nal bodies, and in
particular to enter into such administrative and contractual arrangements as may
be required for the effec tive discharge of its functions;
(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 haz ardous wastes and other wastes
and to circulate this informa tion 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 concer ned any information it has received regarding illegal
traffic;
(j) To cooperate 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 rea ched, the amendment shall as a last resort be adopted by a
three-fourths majority vote 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
the amendments to the protocol concerned, 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 as 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 the 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 member 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 organization 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 date 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 purposes
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.
Annex I - Categories of Wastes to Be Controlled
Annex II - Categories of Wastes
Requiring Special Consideration
Annex III - List of Hazardous Characteristics
Annex IV - Disposal Operations
Annex V A - Information to Be Provided on Notification
Annex V B - Information to Be Provided
on the Movement Document omissis
Annex VI - Arbitration
Mediterranean Academy of Diplomatic Studies, 1994-1996
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