|
|
|
|
International - Basel Convention |
|
|
|
|
|
Basel Convention |
|
|
1. An introduction to Basel Convention
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is the most comprehensive global environmental agreement on hazardous and other wastes.
The Convention has currently 169 Parties and aims to protect human health and the environment against the adverse effects resulting from the generation, management, transboundary movements and disposal of hazardous and other wastes. The Basel Convention came into force in 1992.
In the late 1980s, a tightening of environmental regulations in industrialized countries led to a dramatic rise in the cost of hazardous waste disposal. Searching for cheaper ways to get rid of the wastes, “toxic traders” began shipping hazardous waste to developing countries and to Eastern Europe. When this activity was revealed, international outrage led to the drafting and adoption of the Basel Convention.
The Basel Convention is the most comprehensive global environmental agreement on hazardous and other wastes. Its aim is to protect human health and the environment against the adverse effects resulting from the generation, management, transboundary movements and disposal of hazardous and other wastes.
The Basel Convention regulates the transboundary movements of hazardous and other wastes and obliges its Parties to ensure that such wastes are managed and disposed of in an environmentally sound manner.
The Convention covers toxic, poisonous, explosive, corrosive, flammable, ecotoxic and infectious wastes. Parties are also expected to minimize the quantities that are moved across borders, to treat and dispose of wastes as close as possible to their place of generation and to prevent or minimize the generation of wastes at source.
The Basel Convention is part of the United Nations Environment Programme (UNEP).
- Entry into force: 5 May 1992, in accordance with article 25 (1) of the Convention. Registration: 5 May 1992, No. 28911.
- Ratified by several member countries and the European Union, for addressing the problems and challenges posed by hazardous waste.
The Basel Convention is closely involved with all the aspects of the transboundary movements of hazardous wastes and other wastes as well as their environmentally sound management. Nevertheless there are some issues that might be considered as relevants on account of their importance to the implementation of the Convention or how they affect the human health and the environment.
Main issues:
Ban amendment: at COP2 and COP3 Parties agreed to ban hazardous wastes exports for final disposal and recycling from what are known as Annex VII countries (Basel Convention Parties that are members of the EU, OECD, Liechtenstein) to non-Annex VII countries (all other Parties to the Convention). At COP3 it was proposed that the ban be formally incorporated in the Basel Convention as an amendment. The Ban Amendment has to be ratified by three-fourths of the Parties who accepted it in order to enter into force.
The Basel Protocol on Liability and Compensation was adopted at COP5. The Protocol talks began in 1993 in response to the concerns of developing countries about their lack of funds and technologies for coping with illegal dumping or accidental spills.
The objective of the Protocol is to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring because of illegal traffic in those wastes.
The Protocol addresses who is financially responsible in the event of an incident. Each phase of a transboundary movement, from the point at which the wastes are loaded on the means of transport to their export, international transit, import, and final disposal, is considered.
Dismantling of ships The benefits and risks currently presented by the ship dismantling industry are heatedly debated. The issue has become a priority on the international agenda. Much work is being carried out in many international and regional fora to come to a sustainable ship dismantling industry that safeguards those employed in it and protects the environment, while recognizing the vital role the industry plays in the economies of certain States.
Abandonment of ships: Some Parties to the Basel Convention have expressed concern with regard to abandoned ships on land or in ports and their potential effects on human health and on the environment. Consequently, the Conference of the Parties and the Open-ended Working Group have taken up this issue.
Illegal traffic: Preventing, detecting and acting against illegal transboundary movements of hazardous and other wastes (“illegal traffic”) is a crucial element in the global waste challenge. Illegal traffic of hazardous waste is unfortunately still very common in all corners of the world (e.g. a press release of IMPEL of 8 November 2005 noted that a joint enforcement operation of European environmental authorities in 17 European seaports had shown that 48% of waste shipments were illegal under EU regulations.)
Trade and Environment: The international regulation of trade is of particular significance to the BC, given that establishes a mechanism to govern transboundary movements of hazardous wastes, including the monitoring of international trade and prevention of illegal trade of hazardous wastes and export and import licensing systems for hazardous wastes. The BC seeks to cooperate with international bodies that are engaged in the development of laws and procedures to regulate international trade.
Compliance Mechanism: The objective of the mechanism is to assist Parties to comply with their obligations under the Convention and to facilitate, promote, monitor and aim to secure the implementation of and compliance with the obligations under the Convention.
A Committee for administrating this mechanism (the “Compliance Committee”) has been established. It consists of 15 Members nominated by the Parties based on equitable geographical representation of the five regional groups of the United Nations, elected by the Conference of the Parties.
Cooperation and coordination: with other organizations and sister conventions dealing with toxic chemicals. In addition to the Basel Convention, two major UNEP conventions tackle key aspects of the chemicals lifecycle: the Stockholm Convention on Persistent Organic Pollutants and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
2. Read the Convention Text
To download the Convention Text here.
If you want some general information about the negotiation at International Level of the Multilateral Environmental Agreements, you can have a look at International Meetings in the section What can I do?, and you can go a look at the official website http://www.basel.int/
|
3. Governing bodies and structure
-
Governing bodies:
- The Conference of the Parties (COP)
- The Expanded Bureau
- The Open-ended Working Group (OEWG)
-
The Conference of the Parties (COP) is the main governing body of the Basel Convention and is composed of all governments that have ratified or acceded to it. The COP realizes its mandate throuh tthe meetings of the Conference of the Parties which take place periodically at two year intervals.
-
The mandate of the Open-ended Working Group (OEWG) is to assist the Conference of the Parties in developing and keeping under continuous review the implementation of the Convention's work plan, specific operational policies and decisions taken by the Conference of the Parties for the implementation of the Convention. The meetings of the OEWG take place during the intervals between COPs.
-
The Bureau provides administrative and general operational directions to the secretariat between the meetings of the Conference of the Parties; performs functions requested by the Conference of the Parties or the Open-ended Working Group, especially administrative tasks, taking into account the approved budget.
-
Compliance Committee - The Committee that is entrusted with administering the mechanism for promoting the implementation of and compliance with the obligations set out under the Basel Convention. The Committee is comprised of 15 members: three from each of the five UN regional groups. Although the members are nominated by Governments, they serve objectively and in the best interest of the Basel Convention.
-
Competent Authority means one governmental authority designated by a Party to be responsible within such geographical area 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.
-
Focal Point designated by each Party as a contact point for the transmission of information, through the secretariat, to the COP or to other Parties as required.
-
The Secretariat facilitates the implementation of the Convention and related agreements. It also provides assistance and guidelines on legal and technical issues, gathers statistical data, and conducts training on the proper management of hazardous waste.
-
14 Basel Convention Regional and Coordinating Centres in the following locations: Argentina, China, Egypt, El Salvador, Indonesia, Islamic Republic of Iran, Nigeria, Russian Federation, Senegal, Slovak Republic, South Pacific Regional Environment Programme (Samoa), South Africa, Trinidad and Tobago and Uruguay. The Centres develop and undertake regional projects, and deliver training and technology transfer for the implementation of the Convention under the direction of the Conference of the Parties and of the Secretariat of the Convention. The Secretariat, in Geneva, Switzerland, facilitates the implementation of the Convention and related agreements. It also provides assistance and guidelines on legal and technical issues, gathers statistical data, and conducts training on the proper management of hazardous waste. The Secretariat is administered by UNEP.
4. Regional Centres
The role of the Centres is to assist developing countries and countries with economies in transition to achieve the fulfilment of the objectives of the Convention.
An integral part of implementing the Basel Convention is the effort to build the capability to manage and dispose of hazardous waste...
Through training and technology transfer, developing countries and countries with economies in transition gain the skills and tools necessary to properly manage their hazardous wastes.
The core functions of the BCRCs are:
- Training: conducting training programmes, workshops, seminars and associated projects in the field of the environmentally sound management of hazardous waste.
- Technology transfer: transfer of technology in the field of ESM of hazardous wastes and their minimization in the region.
- Information management: gathering, collecting, exchange.
- Consulting: Organizing meetings, symposiums and missions in the field; providing assistance and advice to the Parties and non-parties of the region at their request.
- Awareness-raising: promoting public awareness; encouraging the best approaches, practices and methodologies for environmentally sound management and minimization of the generation of hazardous wastes and other waste.
5. Definition and annexes
"Waste" according to the Basel Convention
According to the Article 1 of the Basel Convention
-
The following wastes that are subject to transboundary movement shall be “hazardous wastes” for the purposes of this Convention:
- Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and
- 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.
-
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.
-
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.
-
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.
Annexes to the Basel Convention
This section is the full text of the Convention and its Annexes.
The Annexes to the Basel Convention contain a series of definitions, categories, list of wastes, operations on wastes, etc. which deserve special attention.
-
Annex I: Categories of wastes to be controlled (waste streams, Y - wastes, categories Y1 - Y45).
-
Annex II: Categories of wastes requiring special consideration (categories Y46 and Y47).
-
Annex III: List of hazardous characteristics (H - codes).
-
Annex IV: Disposal operations:
- Operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternative uses (D - codes).
- Operations which may lead to resource recovery, recycling reclamation, direct re-use or alternative uses (R - codes).
-
Annex V:
- Information to be provided on notification.
- Information to be provided on the movement document.
-
Annex VI: Arbitration.
-
Annex VII: The ban amendment (not yet entered into force).
-
Annex VIII:
- List A: wastes ontained in this Annex are characterized as hazardous under Article 1, Paragraph 1 (a), of this convention, and their designation on this Annex does not preclude the use of Annex III to demonstrate that a waste is not hazardous.
- List B: wastes contained in the Annex will not be wastes covered by Article 1, Paragraph 1 (a), of this convention unless they contain Annex I material to an extent causing them to exhibit an Annex III characteristic.
6. Priority Waste Streams
Priority waste streams (PWS) are some categories of wastes which are central to achieving the principle of Environmentally Sound Management (ESM) of hazardous wastes due to the danger their represent to the human health and the environment. They have been identified as priorities on account of their volume of generation, volume of traffic, hazardous nature or disposal characteristics.
The Basel Convention has identified the following PWS:
- Electrical and electronic wastes.
- Used lead-acid batteries.
- Used oils.
- Persistent organic pollutant wastes including obsolete stocks of pesticides, PCBs, and dioxins and furans.
- Biomedical and health-care wastes.
- Household wastes mixed with hazardous wastes.
- By-products from the dismantling of ships.
Several projects has been carried out or are currently going on, specially in developing countries or regions with economies in transition, addressing issues related to the generation, transport or disposal of PWS.
Some key hazardous waste
-
Arsenic: Used as an alloy in lead shot and electrical circuits, as a pesticide, and as a preservative for wood. Highly toxic and carcinogenic.
-
Asbestos: Once widely employed in construction primarily for insulation. Still used in gaskets, brakes, roofing and other materials. When inhaled can cause lung cancer and mesothelioma.
-
Cadmium: Used in batteries, pigments, metal coatings, and plastics. Exposure risks include workplace activities, cigarette smoke and contaminated foods. Damages the lungs, causes kidney disease, and irritates the digestive tract.
-
Chromium: Combines easily with other metals to form alloys such as stainless steel. Used as a rust-resistant coating on other metals, a pigment in paint, and in wood preservatives and liquids for tanning hides.
-
Clinical wastes: Hospitals must dispose of large quantities of syringes, medication bottles and other materials that can be infectious and spread pathogens and harmful micro-organisms.
-
Cyanide: A poison that in large doses can cause paralysis, convulsions and respiratory arrest. Chronic exposure to low doses can cause fatigue and weakness. Compressed hydrogen cyanide gas is used to exterminate rodents and insects on ships and to kill insects on trees.
-
Lead: Used in the production of batteries, ammunition, paints, metal products such as solder and pipes, and devices to shield X-rays. If ingested or inhaled can harm the nervous system, kidneys, and reproductive system.
-
Mercury: Used to produce chlorine gas, caustic soda, thermometers, dental fi llings, and batteries. Exposure occurs through contaminated air, water and food and through dental and medical treatments. High levels may damage the brain, kidneys, and developing foetuses.
-
PCBs: Compounds used in industry as heat exchange fluids, in electric transformers and capacitors, and as additives in paint, carbonless copy paper, sealants and plastics. Pose risks to nervous systems, reproductive systems, immune systems, and livers.
-
POPS: Persistent organic pollutants are a class of chemicals and pesticides that persist for many years in the environment, are transported great distances from their point of release, bio-accumulate (thus threatening humans and animals at the top of the food chain), and cause a range of health effects.
-
Strong acids & alkalis: Highly corrosive liquids used in industry that can corrode metals and destroy tissues of living organisms.
7. Contact
Secretariat of the Basel Convention
International Environment House
13 - 15 Chemin des Anemones
CH - 1219 Chatelaine
Geneva, Switzerland
Fax +41 22 797 3454
e-mail:
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Website http://www.basel.int/
|
|
|
|
|
|
