1989 UNEP CONVENTION
ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR
DISPOSAL
Basel, Switzerland
This Document
contains amendments made by the following:
PREAMBLE
The Parties to this Convention,
Aware of the risk of damage to human
health and the environment caused by hazardous wastes and other wastes and the transboundary movement thereof,
Mindful of the growing threat to human
health and the environment posed by the increased generation and complexity,
and transboundary movement of hazardous wastes and
other wastes,
Mindful also that the most effective
way of protecting human health and the environment from the dangers posed by
such wastes is the reduction of their generation to a minimum in terms of
quantity and/or hazard potential,
Convinced that States should take necessary
measures to ensure that the management of hazardous wastes and other wastes
including their transboundary movement and disposal
is consistent with the protection of human health and the environment whatever
the place of disposal,
Noting that States should ensure that the
generator should carry out duties with regards to the transport and disposal of
hazardous wastes and other wastes in a manner that is consistent with the
protection of the environment, whatever the place of disposal.
Fully recognizing that any State has the
sovereign right to ban the entry or disposal of foreign hazardous wastes and
other wastes in its territory,
Recognizing that transboundary
movements of hazardous wastes, especially to developing countries, have a high
risk of not constituting an environmentally sound management of hazardous
wastes as required by this Convention; (inserted by Decision III/1)3
Recognizing also the increasing desire
for the prohibition of transboundary movements of
hazardous wastes and their disposal in other States, especially developing
countries,
Convinced that
hazardous wastes and other wastes should, as far as is compatible with
environmentally sound and efficient management, be disposed of in the State
where they were generated,
Aware also that transboundary movements of such wastes from the State of
their generation to any other State should be permitted only when conducted
under conditions which do not endanger human health and the environment, and
under conditions in conformity with the provisions of this Convention,
Considering that enhanced control
of transboundary movement of hazardous wastes and other
wastes will act as an incentive for their environmentally sound management and
for the reduction of the volume of such transboundary
movement,
Convinced that States should take measures
for the proper exchange of information on and control of the transboundary movement of hazardous wastes and other wastes
from and to those States,
Noting that a number of international and
regional agreements have addressed the issue of protection and preservation of
the environment with regard to the transit of dangerous goods,
Taking into account the Declaration of the
United Nations Conference on the Human Environment (Stockholm, 1972), the Cairo
Guidelines and Principles for the Environmentally Sound Management of Hazardous
Wastes adopted by the Governing Council of the United Nations Environment
Programme (UNEP) by decision 14/30 of 17 June 1987, the Recommendations of the
United Nations Committee of Experts on the Transport of Dangerous Goods
(formulated in 1957 and updated biennially), relevant recommendations,
declarations, instruments and regulations adopted within the United Nations
system and the work and studies done within other international and regional
organizations,
Mindful of the spirit, principles, aims and
functions of the World Charter for Nature adopted by the General Assembly of
the United Nations at its thirty-seventh session (1982) as the rule of ethics
in respect of the protection of the human environment and the conservation of
natural resources,
Affirming that States are responsible for the
fulfilment of their international obligations concerning the protection of
human health and protection and preservation of the environment, and are liable
in accordance with international law,
Recognizing that in the case of a
material breach of the provisions of this Convention or any protocol thereto
the relevant international law of treaties shall apply,
Aware of the need to continue the
development and implementation of environmentally sound low-waste technologies,
recycling options, good house-keeping and management systems with a view to
reducing to a minimum the generation of hazardous wastes and other wastes,
Aware also of the growing
international concern about the need for stringent control of transboundary movement of hazardous wastes and other
wastes, and of the need as far as possible to reduce such movement to a
minimum,
Concerned about the problem of illegal transboundary traffic in hazardous wastes and other wastes,
Taking into account also the limited
capabilities of the developing countries to manage hazardous wastes and other
wastes,
Recognizing the need to promote the
transfer of technology for the sound management of hazardous wastes and other
wastes produced locally, particularly to the developing countries in accordance
with the spirit of the Cairo Guidelines and decision 14/16 of the Governing
Council of UNEP on Promotion of the transfer of environmental protection
technology,
Recognizing also that
hazardous wastes and other wastes should be transported in accordance with
relevant international conventions and recommendations,
Convinced also that the transboundary movement of hazardous wastes and other wastes
should be permitted only when the transport and the ultimate disposal of such
wastes is environmentally sound, and
Determined to protect, by strict
control, human health and the environment against the adverse effects which may
result from the generation and management of hazardous wastes and other wastes,
HAVE AGREED AS FOLLOWS:
Article 1: Scope of the Convention
1. The following wastes that are subject to transboundary
movement shall be "hazardous wastes" for the purposes of this
Convention:
(a) Wastes that belong to any category contained in Annex I, unless they
do not possess any of the characteristics contained in Annex III; and
(b) Wastes that are not covered under paragraph (a) but are defined as,
or are considered to be, hazardous wastes by the domestic legislation of the
Party of export, import or transit.
2. Wastes that belong to any category contained in Annex II that are
subject to transboundary movement shall be
"other wastes" for the purposes of this Convention.
3. Wastes which, as a result of being radioactive, are subject to other
international control systems, including international instruments, applying
specifically to radioactive materials, are excluded from the scope of this
Convention.
4. Wastes which derive from the normal operations of a ship, the
discharge of which is covered by another international instrument, are excluded
from the scope of this Convention.
Article 2: Definitions
For the purposes of this Convention:
1. "Wastes" are substances or objects which are disposed of or
are intended to be disposed of or are required to be disposed of by the
provisions of national law;
2. "Management" means the collection, transport and disposal
of hazardous wastes or other wastes, including after-care of disposal sites;
3. "Transboundary movement" means
any movement of hazardous wastes or other wastes from an area under the
national jurisdiction of one State to or through an area under the national
jurisdiction of another State or to or through an area not under the national
jurisdiction of any State, provided at least two States are involved in the
movement;
4. "Disposal" means any operation specified in Annex IV to
this Convention;
5. "Approved site or facility" means a site or facility for
the disposal of hazardous wastes or other wastes which is authorized or
permitted to operate for this purpose by a relevant authority of the State where
the site or facility is located;
6. "Competent authority" means one governmental authority
designated by a Party to be responsible, within such geographical areas as the
Party may think fit, for receiving the notification of a transboundary
movement of hazardous wastes or other wastes, and any information related to
it, and for responding to such a notification, as provided in Article 6;
7. "Focal point" means the entity of a Party referred to in
Article 5 responsible for receiving and submitting information as provided for
in Articles 13 and 16;
8. "Environmentally sound management of hazardous wastes or other
wastes" means taking all practicable steps to ensure that hazardous wastes
or other wastes are managed in a manner which will protect human health and the
environment against the adverse effects which may result from such wastes;
9. "Area under the national jurisdiction of a State" means any
land, marine area or air space within which a State exercises administrative
and regulatory responsibility in accordance with international law in regard to
the protection of human health or the environment;
10. "State of export" means a Party from which a transboundary movement of hazardous wastes or other wastes
is planned to be initiated or is initiated;
11. "State of import" means a Party to which a transboundary movement of hazardous wastes or other wastes
is planned or takes place for the purpose of disposal therein or for the
purpose of loading prior to disposal in an area not under the national jurisdiction
of any State;
12. "State of transit" means any State, other than the State
of export or import, through which a movement of hazardous wastes or other
wastes is planned or takes place;
13. "States concerned" means Parties which are States of export
or import, or transit States, whether or not Parties;
14. "Person" means any natural or legal person;
15. "Exporter" means any person under the jurisdiction of the
State of export who arranges for hazardous wastes or other wastes to be
exported;
16. "Importer" means any person under the jurisdiction of the
State of import who arranges for hazardous wastes or other wastes to be
imported;
17. "Carrier" means any person who carries out the transport
of hazardous wastes or other wastes;
18. "Generator" means any person whose activity produces
hazardous wastes or other wastes or, if that person is not known, the person
who is in possession and/or control of those wastes;
19. "Disposer" means any person to whom hazardous wastes or
other wastes are shipped and who carries out the disposal of such wastes;
20. "Political and/or economic integration organization" means
an organization constituted by sovereign States to which its member States have
transferred competence in respect of matters governed by this Convention and
which has been duly authorized, in accordance with its internal procedures, to
sign, ratify, accept, approve, formally confirm or accede to it;
21. "Illegal traffic" means any transboundary
movement of hazardous wastes or other wastes as specified in Article 9.
Article 3: National Definitions of Hazardous Wastes
1. Each Party shall, within six months of becoming a Party to this
Convention, inform the Secretariat of the Convention of the wastes, other than
those listed in Annexes I and II, considered or defined as hazardous under its
national legislation and of any requirements concerning transboundary
movement procedures applicable to such wastes.
2. Each Party shall subsequently inform the Secretariat of any
significant changes to the information it has provided pursuant to paragraph 1.
3. The Secretariat shall forthwith inform all Parties of the information
it has received pursuant to paragraphs 1 and 2.
4. Parties shall be responsible for making the information transmitted
to them by the Secretariat under paragraph 3 available to their exporters.
Article 4: General Obligations
1. (a) Parties exercising their right to prohibit the import of
hazardous wastes or other wastes for disposal shall inform the other Parties of
their decision pursuant to Article 13.
(b) Parties shall prohibit or shall not permit the export of hazardous
wastes and other wastes to the Parties which have prohibited the import of such
wastes, when notified pursuant to subparagraph (a) above.
(c) Parties shall prohibit or shall not permit the export of hazardous
wastes and other wastes if the State of import does not consent in writing to
the specific import, in the case where that State of import has not prohibited
the import of such wastes.
2. Each Party shall take the appropriate measures to:
(a) Ensure that the generation of hazardous wastes and other wastes
within it is reduced to a minimum, taking into account social, technological
and economic aspects;
(b) Ensure the availability of adequate disposal facilities, for the
environmentally sound management of hazardous wastes and other wastes, that
shall be located, to the extent possible, within it, whatever the place of
their disposal;
(c) Ensure that persons involved in the management of hazardous wastes
or other wastes within it take such steps as are necessary to prevent pollution
due to hazardous wastes and other wastes arising from such management and, if
such pollution occurs, to minimize the consequences thereof for human health
and the environment;
(d) Ensure that the transboundary movement of
hazardous wastes and other wastes is reduced to the minimum consistent with the
environmentally sound and efficient management of such wastes, and is conducted
in a manner which will protect human health and the environment against the
adverse effects which may result from such movement;
(e) Not allow the export of hazardous wastes or other wastes to a State
or group of States belonging to an economic and/or political integration
organization that are Parties, particularly developing countries, which have
prohibited by their legislation all imports, or if it has reason to believe
that the wastes in question will not be managed in an environmentally sound
manner, according to criteria to be decided on by the Parties at their first
meeting.
(f) Require that information about a proposed transboundary
movement of hazardous wastes and other wastes be provided to the States
concerned, according to Annex V A, to state clearly the effects of the proposed
movement on human health and the environment;
(g) Prevent the import of hazardous wastes and other wastes if it has
reason to believe that the wastes in question will not be managed in an
environmentally sound manner;
(h) Co-operate in activities with other Parties and interested
organizations, directly and through the Secretariat, including the
dissemination of information on the transboundary
movement of hazardous wastes and other wastes, in order to improve the
environmentally sound management of such wastes and to achieve the prevention
of illegal traffic.
3. The Parties consider that illegal traffic in hazardous wastes or
other wastes is criminal.
4. Each Party shall take appropriate legal, administrative and other
measures to implement and enforce the provisions of this Convention, including
measures to prevent and punish conduct in contravention of the Convention.
5. A Party shall not permit hazardous wastes or other wastes to be
exported to a non-Party or to be imported from a non-Party.
6. The Parties agree not to allow the export of hazardous wastes or
other wastes for disposal within the area south of 60° South latitude, whether
or not such wastes are subject to transboundary
movement.
7. Furthermore, each Party shall:
(a) Prohibit all persons under its national jurisdiction from
transporting or disposing of hazardous wastes or other wastes unless such
persons are authorized or allowed to perform such types of operations;
(b) Require that hazardous wastes and other wastes that are to be the
subject of a transboundary movement be packaged,
labelled, and transported in conformity with generally accepted and recognized
international rules and standards in the field of packaging, labelling, and
transport, and that due account is taken of relevant internationally recognized
practices;
(c) Require that hazardous wastes and other wastes be accompanied by a
movement document from the point at which a transboundary
movement commences to the point of disposal.
8. Each Party shall require that hazardous wastes or other wastes, to be
exported, are managed in an environmentally sound manner in the State of import
or elsewhere. Technical guidelines for the environmentally sound management of
wastes subject to this Convention shall be decided by the Parties at their
first meeting.
9. Parties shall take the appropriate measures to ensure that the transboundary movement of hazardous wastes and other wastes
only be allowed if:
(a) The State of export does not have the technical capacity and the
necessary facilities, capacity or suitable disposal sites in order to dispose
of the wastes in question in an environmentally sound and efficient manner; or
(b) The wastes in question are required as a raw material for recycling
or recovery industries in the State of import; or
(c) The transboundary movement in question is
in accordance with other criteria to be decided by the Parties, provided those
criteria do not differ from the objectives of this Convention.
10. The obligation under this Convention of States in which hazardous
wastes and other wastes are generated to require that those wastes are managed
in an environmentally sound manner may not under any circumstances be
transferred to the States of import or transit.
11. Nothing in this Convention shall prevent a Party from imposing
additional requirements that are consistent with the provisions of this
Convention, and are in accordance with the rules of international law, in order
better to protect human health and the environment.
12. Nothing in this Convention shall affect in any way the sovereignty
of States over their territorial sea established in accordance with
international law, and the sovereign rights and the jurisdiction which States
have in their exclusive economic zones and their continental shelves in
accordance with international law, and the exercise by ships and aircraft of
all States of navigational rights and freedoms as provided for in international
law and as reflected in relevant international instruments.
13. Parties shall undertake to review periodically the possibilities for
the reduction of the amount and/or the pollution potential of hazardous wastes
and other wastes which are exported to other States, in particular to
developing countries.
Article 4A (inserted by Decision
III/1)3
1. Each Party listed in Annex VII shall prohibit all transboundary
movements of hazardous wastes which are destined for operations according to
Annex IV A, to States not listed in Annex VII.
2. Each Party listed in Annex VII shall phase out by 31 December 1997,
and prohibit as of that date, all transboundary
movements of hazardous wastes under Article 1, paragraph 1 (a) of the
Convention which are destined for operations according to Annex IV B to States
not listed in Annex VII. Such transboundary movements
shall not be prohibited unless the wastes in question are characterized as
hazardous under the Convention.
Article 5: Designation of Competent
Authorities and Focal Point
To facilitate the implementation of this Convention, the Parties shall:
1. Designate or establish one or more competent authorities and one
focal point. One competent authority shall be designated to receive the
notification in case of a State of transit.
2. Inform the Secretariat, within three months of the date of the entry
into force of this Convention for them, which agencies they have designated as
their focal point and their competent authorities.
3. Inform the Secretariat, within one month of the date of decision, of
any changes regarding the designation made by them under paragraph 2 above.
Article 6: Transboundary Movement between
Parties
1. The State of export shall notify, or shall require the generator or
exporter to notify, in writing, through the channel of the competent authority
of the State of export, the competent authority of the States concerned of any
proposed transboundary movement of hazardous wastes
or other wastes. Such notification shall contain the declarations and
information specified in Annex V A, written in a language acceptable to the
State of import. Only one notification needs to be sent to each State
concerned.
2. The State of import shall respond to the notifier
in writing, consenting to the movement with or without conditions, denying
permission for the movement, or requesting additional information. A copy of
the final response of the State of import shall be sent to the competent
authorities of the States concerned which are Parties.
3. The State of export shall not allow the generator or exporter to
commence the transboundary movement until it has
received written confirmation that:
(a) The notifier has received the written
consent of the State of import; and
(b) The notifier has received from the State
of import confirmation of the existence of a contract between the exporter and
the disposer specifying environmentally sound management of the wastes in
question.
4. Each State of transit which is a Party shall promptly acknowledge to
the notifier receipt of the notification. It may
subsequently respond to the notifier in writing,
within 60 days, consenting to the movement with or without conditions, denying
permission for the movement, or requesting additional information. The State of
export shall not allow the transboundary movement to
commence until it has received the written consent of the State of transit.
However, if at any time a Party decides not to require prior written consent,
either generally or under specific conditions, for transit transboundary
movements of hazardous wastes or other wastes, or modifies its requirements in
this respect, it shall forthwith inform the other Parties of its decision
pursuant to Article 13. In this latter case, if no response is received by the
State of export within 60 days of the receipt of a given notification by the
State of transit, the State of export may allow the export to proceed through
the State of transit.
5. In the case of a transboundary movement of
wastes where the wastes are legally defined as or considered to be hazardous
wastes only:
(a) By the State of export, the requirements of paragraph 9 of this
Article that apply to the importer or disposer and the State of import shall
apply mutatis mutandis to the exporter and State of export,
respectively;
(b) By the State of import, or by the States of import and transit which
are Parties, the requirements of paragraphs 1, 3, 4 and 6 of this Article that
apply to the exporter and State of export shall apply mutatis mutandis
to the importer or disposer and State of import, respectively; or
(c) By any State of transit which is a Party, the provisions of
paragraph 4 shall apply to such State.
6. The State of export may, subject to the written consent of the States
concerned, allow the generator or the exporter to use a general notification
where hazardous wastes or other wastes having the same physical and chemical
characteristics are shipped regularly to the same disposer via the same customs
office of exit of the State of export via the same customs office of entry of
the State of import, and, in the case of transit, via the same customs office
of entry and exit of the State or States of transit.
7. The States concerned may make their written consent to the use of the
general notification referred to in paragraph 6 subject to the supply of
certain information, such as the exact quantities or periodical lists of
hazardous wastes or other wastes to be shipped.
8. The general notification and written consent referred to in
paragraphs 6 and 7 may cover multiple shipments of hazardous wastes or other
wastes during a maximum period of 12 months.
9. The Parties shall require that each person who takes charge of a transboundary movement of hazardous wastes or other wastes
sign the movement document either upon delivery or receipt of the wastes in
question. They shall also require that the disposer inform both the exporter
and the competent authority of the State of export of receipt by the disposer
of the wastes in question and, in due course, of the completion of disposal as
specified in the notification. If no such information is received within the
State of export, the competent authority of the State of export or the exporter
shall so notify the State of import.
10. The notification and response required by this Article shall be
transmitted to the competent authority of the Parties concerned or to such
governmental authority as may be appropriate in the case of non-Parties.
11. Any transboundary movement of hazardous
wastes or other wastes shall be covered by insurance, bond or other guarantee
as may be required by the State of import or any State of transit which is a
Party.
Article 7: Transboundary
Movement from a Party through States which are not
Parties
Paragraph 1 of Article 6 of the Convention shall apply mutatis
mutandis to transboundary movement of hazardous
wastes or other wastes from a Party through a State or States which are not
Parties.
Article 8: Duty to Re-import
When a transboundary movement of hazardous
wastes or other wastes to which the consent of the States concerned has been
given, subject to the provisions of this Convention, cannot be completed in
accordance with the terms of the contract, the State of export shall ensure
that the wastes in question are taken back into the State of export, by the
exporter, if alternative arrangements cannot be made for their disposal in an
environmentally sound manner, within 90 days from the time that the importing
State informed the State of export and the Secretariat, or such other period of
time as the States concerned agree. To this end, the State of export and any
Party of transit shall not oppose, hinder or prevent the return of those wastes
to the State of export.
Article 9: Illegal Traffic
1. For the purpose of this Convention, any transboundary
movement of hazardous wastes or other wastes:
(a) without notification pursuant to the provisions of this Convention
to all States concerned; or
(b) without the consent pursuant to the provisions of this Convention of
a State concerned; or
(c) with consent obtained from States concerned through falsification,
misrepresentation or fraud; or
(d) that does not conform in a material way with the documents; or
(e) that results in deliberate disposal (e.g. dumping) of hazardous
wastes or other wastes in contravention of this Convention and of general
principles of international law, shall be deemed to be illegal traffic.
2. In case of a transboundary movement of
hazardous wastes or other wastes deemed to be illegal traffic as the result of
conduct on the part of the exporter or generator, the State of export shall
ensure that the wastes in question are:
(a) taken back by the exporter or the generator or, if necessary, by
itself into the State of export, or, if impracticable,
(b) are otherwise disposed of in accordance with the provisions of this
Convention, within 30 days from the time
the State of export has been informed about the illegal traffic or such other
period of time as States concerned may agree. To this end the Parties concerned
shall not oppose, hinder or prevent the return of those wastes to the State of
export.
3. In the case of a transboundary movement of
hazardous wastes or other wastes deemed to be illegal traffic as the result of
conduct on the part of the importer or disposer, the State of import shall
ensure that the wastes in question are disposed of in an environmentally sound
manner by the importer or disposer or, if necessary, by itself within 30 days
from the time the illegal traffic has come to the attention of the State of
import or such other period of time as the States concerned may agree. To this
end, the Parties concerned shall co-operate, as necessary, in the disposal of
the wastes in an environmentally sound manner.
4. In cases where the responsibility for the illegal traffic cannot be
assigned either to the exporter or generator or to the importer or disposer,
the Parties concerned or other Parties, as appropriate, shall ensure, through
co-operation, that the wastes in question are disposed of as soon as possible
in an environmentally sound manner either in the State of export or the State
of import or elsewhere as appropriate.
5. Each Party shall introduce appropriate national/domestic legislation
to prevent and punish illegal traffic. The Parties shall co-operate with a view
to achieving the objects of this Article.
Article 10: International Co-operation
1. The Parties shall co-operate with each other in order to improve and
achieve environmentally sound management of hazardous wastes and other wastes.
2. To this end, the Parties shall:
(a) Upon request, make available information, whether on a bilateral or
multilateral basis, with a view to promoting the environmentally sound
management of hazardous wastes and other wastes, including harmonization of
technical standards and practices for the adequate management of hazardous
wastes and other wastes;
(b) Co-operate in monitoring the effects of the management of hazardous
wastes on human health and the environment;
(c) Co-operate, subject to their national laws, regulations and
policies, in the development and implementation of new environmentally sound
low-waste technologies and the improvement of existing technologies with a view
to eliminating, as far as practicable, the generation of hazardous wastes and
other wastes and achieving more effective and efficient methods of ensuring
their management in an environmentally sound manner, including the study of the
economic, social and environmental effects of the adoption of such new or
improved technologies;
(d) Co-operate actively, subject to their national laws, regulations and
policies, in the transfer of technology and management systems related to the
environmentally sound management of hazardous wastes and other wastes. They
shall also co-operate in developing the technical capacity among Parties,
especially those which may need and request technical assistance in this field;
(e) Co-operate in developing appropriate technical guidelines and/or
codes of practice.
3. The Parties shall employ appropriate means to co-operate in order to
assist developing countries in the implementation of subparagraphs a, b, c and
d of paragraph 2 of Article 4.
4. Taking into account the needs of developing countries, co-operation
between Parties and the competent international organizations is encouraged to
promote, inter alia, public awareness, the
development of sound management of hazardous wastes and other wastes and the
adoption of new low-waste technologies.
Article 11: Bilateral, Multilateral and
Regional Agreements
1. Notwithstanding the provisions of Article 4 paragraph 5, Parties may
enter into bilateral, multilateral, or regional agreements or arrangements
regarding transboundary movement of hazardous wastes
or other wastes with Parties or non-Parties provided that such agreements or
arrangements do not derogate from the environmentally sound management of
hazardous wastes and other wastes as required by this Convention. These
agreements or arrangements shall stipulate provisions which are not less
environmentally sound than those provided for by this Convention in particular
taking into account the interests of developing countries.
2. Parties shall notify the Secretariat of any bilateral, multilateral
or regional agreements or arrangements referred to in paragraph 1 and those
which they have entered into prior to the entry into force of this Convention
for them, for the purpose of controlling transboundary
movements of hazardous wastes and other wastes which take place entirely among
the Parties to such agreements. The provisions of this Convention shall not
affect transboundary movements which take place
pursuant to such agreements provided that such agreements are compatible with
the environmentally sound management of hazardous wastes and other wastes as
required by this Convention.
Article 12: Consultations on Liability
The Parties shall co-operate with a view to adopting, as soon as
practicable, a protocol setting out appropriate rules and procedures in the
field of liability and compensation for damage resulting from the transboundary movement and disposal of hazardous wastes and
other wastes.
Article 13: Transmission of
Information
1. The Parties shall, whenever it comes to their knowledge, ensure that,
in the case of an accident occurring during the transboundary
movement of hazardous wastes or other wastes or their disposal, which are
likely to present risks to human health and the environment in other States,
those states are immediately informed.
2. The Parties shall inform each other, through the Secretariat, of:
(a) Changes regarding the designation of competent authorities and/or
focal points, pursuant to Article 5;
(b) Changes in their national definition of hazardous wastes, pursuant
to Article 3; and, as soon as possible,
(c) Decisions made by them not to consent totally or partially to the
import of hazardous wastes or other wastes for disposal within the area under
their national jurisdiction;
(d) Decisions taken by them to limit or ban the export of hazardous
wastes or other wastes;
(e) Any other information required pursuant to paragraph 4 of this
Article.
3. The Parties, consistent with national laws and regulations, shall
transmit, through the Secretariat, to the Conference of the Parties established
under Article 15, before the end of each calendar year, a report on the
previous calendar year, containing the following information:
(a) Competent authorities and focal points that have been designated by
them pursuant to Article 5;
(b) Information regarding transboundary
movements of hazardous wastes or other wastes in which they have been involved,
including:
(i) The amount of hazardous wastes and other
wastes exported, their category, characteristics, destination, any transit
country and disposal method as stated on the response to notification;
(ii) The amount of hazardous wastes and other wastes imported, their
category, characteristics, origin, and disposal methods;
(iii) Disposals which did not proceed as intended;
(iv) Efforts to achieve a reduction of the amount of hazardous wastes or
other wastes subject to transboundary movement;
(c) Information on the measures adopted by them in implementation of this
Convention;
(d) Information on available qualified statistics which have been
compiled by them on the effects on human health and the environment of the
generation, transportation and disposal of hazardous wastes or other wastes;
(e) Information concerning bilateral, multilateral and regional
agreements and arrangements entered into pursuant to Article 11 of this
Convention;
(f) Information on accidents occurring during the transboundary
movement and disposal of hazardous wastes and other wastes and on the measures
undertaken to deal with them;
(g) Information on disposal options operated within the area of their
national jurisdiction;
(h) Information on measures undertaken for development of technologies
for the reduction and/or elimination of production of hazardous wastes and
other wastes; and
(i) Such other matters as the Conference of
the Parties shall deem relevant.
4. The Parties, consistent with national laws and regulations, shall
ensure that copies of each notification concerning any given transboundary movement of hazardous wastes or other wastes,
and the response to it, are sent to the Secretariat when a Party considers that
its environment may be affected by that transboundary
movement has requested that this should be done.
Article 14: Financial Aspects
1. The Parties agree that, according to the specific needs of different
regions and subregions, regional or sub-regional
centres for training and technology transfers regarding the management of
hazardous wastes and other wastes and the minimization of their generation
should be established. The Parties shall decide on the establishment of
appropriate funding mechanisms of a voluntary nature.
2. The Parties shall consider the establishment of a revolving fund to
assist on an interim basis in case of emergency situations to minimize damage
from accidents arising from transboundary movements
of hazardous wastes and other wastes or during the disposal of those wastes.
Article 15: Conference of the Parties
1. A Conference of the Parties is hereby established. The first meeting
of the Conference of the Parties shall be convened by the Executive Director of
UNEP not later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the Conference of the Parties shall be held at
regular intervals to be determined by the Conference at its first meeting.
2. Extraordinary meetings of the Conference of the Parties shall be held
at such other times as may be deemed necessary by the Conference, or at the
written request of any Party, provided that, within six months of the request
being communicated to them by the Secretariat, it is supported by at least one
third of the Parties.
3. The Conference of the Parties shall by consensus agree upon and adopt
rules of procedure for itself and for any subsidiary body it may establish, as
well as financial rules to determine in particular the financial participation
of the Parties under this Convention.
4. The Parties at their first meeting shall consider any additional
measures needed to assist them in fulfilling their responsibilities with
respect to the protection and the preservation of the marine environment in the
context of this Convention.
5. The Conference of the Parties shall keep under continuous review and
evaluation the effective implementation of this Convention, and, in addition,
shall:
(a) Promote the harmonization of appropriate policies, strategies and
measures for minimizing harm to human health and the environment by hazardous
wastes and other wastes;
(b) Consider and adopt, as required, amendments to this Convention and
its annexes, taking into consideration, inter alia,
available scientific, technical, economic and environmental information;
(c) Consider and undertake any additional action that may be required
for the achievement of the purposes of this Convention in the light of
experience gained in its operation and in the operation of the agreements and
arrangements envisaged in Article 11;