Updated: Wednesday May 15, 2013/AlArbia’a
Rajab 06, 1434/Budhavara
Vaisakha 25, 1935, at 06:35:01 AM
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Articles |
Contents |
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Preamble |
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1 |
Scope Of The Convention |
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2 |
Definitions |
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3 |
National Definitions Of Hazardous Wastes |
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4 |
General Obligations |
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5 |
Designation Of Competent Authorities And Focal Point |
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6 |
Transboundary Movement Between Parties |
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7 |
Transboundary Movement From A Party Through States Which Are Not Parties |
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8 |
Duty To Re-Import |
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9 |
Illegal Traffic |
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10 |
International Co-Operation |
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11 |
Bilateral, Multilateral And Regional Agreements |
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12 |
Consultations On Liability |
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13 |
Transmission Of Information |
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14 |
Financial Aspects |
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15 |
Conference Of The Parties |
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16 |
Secretariat |
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17 |
Amendment Of The Convention |
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18 |
Adoption And Amendment Of Annexes |
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19 |
Verification |
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20 |
Settlement Of Disputes |
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21 |
Signature |
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22 |
Ratification, Acceptance, Formal Confirmation Or Approval |
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23 |
Accession |
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24 |
Right To Vote |
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25 |
Entry Into Force |
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26 |
Reservations And Declarations |
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27 |
Withdrawal |
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28 |
Depository |
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29 |
Authentic Texts |
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Annextures |
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Annex I Categories Of Wastes To Be Controlled |
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Annex II Categories Of Wastes Requiring Special Consideration |
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Annex III List Of Hazardous Characteristics Annex Iv Disposal
Operations |
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Annex IV Information To Be Provided On Notification |
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Annex V Information To Be Provided On The Movement Document |
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Annex VI Arbitration
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5th May, 1992
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 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.
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 tit, 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 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.
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 degrees 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
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
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 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 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 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
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
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 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 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 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
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
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 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 organizations, 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
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 frorn 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 phosphorous 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).
Annex II
CATEGORIES
OF WASTES REQUIRING SPECIAL CONSIDERATION
Y46 Wastes collected from households
Y47 Residues arising from the incineration of household
Annex III
LIST
OF HAZARDOUS CHARACTERISTICS
Class
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 a
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 deg. C, closed-cup test, or not more than 65.6 deg C,
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.
1.3 H4.2 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
human 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
1, in order to decide if these materials exhibit any of the characteristics
listed in this Annex.
Corresponds to the hazard classification system included in the United Nations
Recommendations on the Transport of Dangerous Goods (ST/SG/AC.10/1/Rev.5,
United Nations, New York, 1988).
Annex IV A
DISPOSAL
OPERATIONS
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 or 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, neutralisation, 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
Annex IV 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
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 compositions/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 III, classifications from Annex II: 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, telex 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 is 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, telex 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 the Secretary-General of the United Nations, who shall make this
appointment within a further two months’ period.
Article
5
1. The arbitral tribunal shall render its decision in accordance with
international law and in accordance with the provisions of this Convention.
2. Any arbitral tribunal constituted under the provisions of this Annex shall
draw up its own rules of procedure.
Article
6
1. The decisions of the arbitral tribunal both on procedure and on substance,
shall be taken by majority vote of its members.
2. The tribunal may take all appropriate measures in order to establish the facts.
It may, at the request of one or the parties, recommend essential interim
measures of protection.
3. The parties to the dispute shall provide all facilities necessary for the
effective conduct of the proceedings.
4. The absence or default of a party in the dispute shall not constitute an
impediment to the proceedings.
Article 7
The tribunal may hear and determine counter-claims arising directly out of the
subject-matter of the dispute.
Article
8
Unless the arbitral tribunal determines otherwise because of the particular
circumstances of the case, the expenses of the tribunal, including the
remuneration of its members, shall be borne by the parties to the dispute in
equal shares. The tribunal shall keep a record of all its expenses, and shall
furnish a final statement thereof to the parties.
Article
9
Any Party that has an interest of a legal nature in the subject-matter of the
dispute which may be affected by the decision in the case, may intervene in the
proceedings with the consent of the tribunal.
Article
10
1.
The tribunal shall render its award within five months of the date on which it
is established unless it finds it necessary to extend the time-limit for a
period which should not exceed five months.
2.
The award of the arbitral tribunal shall be accompanied by a statement of
reasons. It shall be final and binding upon the parties to the dispute.
3. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another tribunal constituted for this purpose in the same manner as the first.
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