BASEL
CONVENTION ON THE CONTROL OF
TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES
AND THEIR DISPOSAL ADOPTED BY THE CONFERENCE
OF THE PLENIPOTENTIARIES ON 22 MARCH 1989
ENTRY INTO FORCE | 5
MAY 1992 | 130
PARTIES | AS OF JULY 1999
PREAMBLE
The Parties to this Convention,
Aware of the risk of damage to
human health and the environment caused by hazardous wastes and
other wastes and the transboundary movement thereof,
Mindful of the growing threat
to human health and the environment posed by the increased
generation and complexity, and transboundary movement of hazardous
wastes and other wastes,
Mindful also that the most
effective way of protecting human health and the environment from
the dangers posed by such wastes is the reduction of their
generation to a minimum in terms of quantity and/or hazard
potential,
Convinced that States should
take necessary measures to ensure that the management of hazardous
wastes and other wastes including their transboundary movement and
disposal is consistent with the protection of human health and the
environment whatever the place of disposal,
Noting that States should
ensure that the generator should carry out duties with regards to
the transport and disposal of hazardous wastes and other wastes in a
manner that is consistent with the protection of the environment,
whatever the place of disposal.
Fully recognizing that any
State has the sovereign right to ban the entry or disposal of
foreign hazardous wastes and other wastes in its territory,
Recognizing also the
increasing desire for the prohibition of transboundary movements of
hazardous wastes and their disposal in other States, especially
developing countries,
Convinced that hazardous
wastes and other wastes should, as far as is compatible with
environmentally sound and efficient management, be disposed of in
the State where they were generated,
Aware also that transboundary
movements of such wastes from the State of their generation to any
other State should be permitted only when conducted under conditions
which do not endanger human health and the environment, and under
conditions in conformity with the provisions of this Convention,
Considering that enhanced
control of transboundary movement of hazardous wastes and other
wastes will act as an incentive for their environmentally sound
management and for the reduction of the volume of such transboundary
movement,
Convinced that States should
take measures for the proper exchange of information on and control
of the transboundary movement of hazardous wastes and other wastes
from and to those States,
Noting that a number of
international and regional agreements have addressed the issue of
protection and preservation of the environment with regard to the
transit of dangerous goods,
Taking into account the
Declaration of the United Nations Conference on the Human
Environment (Stockholm, 1972), the Cairo Guidelines and Principles
for the Environmentally Sound Management of Hazardous Wastes adopted
by the Governing Council of the United Nations Environment Programme
(UNEP) by decision 14/30 of 17 June 1987, the Recommendations of the
United Nations Committee of Experts on the Transport of Dangerous
Goods (formulated in 1957 and updated biennially), relevant
recommendations, declarations, instruments and regulations adopted
within the United Nations system and the work and studies done
within other international and regional organizations,
Mindful of the spirit,
principles, aims and functions of the World Charter for Nature
adopted by the General Assembly of the United Nations at its
thirty-seventh session (1982) as the rule of ethics in respect of
the protection of the human environment and the conservation of
natural resources,
Affirming that States are
responsible for the fulfilment of their international obligations
concerning the protection of human health and protection and
preservation of the environment, and are liable in accordance with
international law,
Recognizing that in the case
of a material breach of the provisions of this Convention or any
protocol thereto the relevant international law of treaties shall
apply,
Aware of the need to continue
the development and implementation of environmentally sound
low-waste technologies, recycling options, good house-keeping and
management systems with a view to reducing to a minimum the
generation of hazardous wastes and other wastes,
Aware also of the growing
international concern about the need for stringent control of
transboundary movement of hazardous wastes and other wastes, and of
the need as far as possible to reduce such movement to a minimum,
Concerned about the problem of
illegal transboundary traffic in hazardous wastes and other wastes,
Taking into account also the
limited capabilities of the developing countries to manage hazardous
wastes and other wastes,
Recognizing the need to
promote the transfer of technology for the sound management of
hazardous wastes and other wastes produced locally, particularly to
the developing countries in accordance with the spirit of the Cairo
Guidelines and decision 14/16 of the Governing Council of UNEP on
Promotion of the transfer of environmental protection technology,
Recognizing also that
hazardous wastes and other wastes should be transported in
accordance with relevant international conventions and
recommendations,
Convinced also that the
transboundary movement of hazardous wastes and other wastes should
be permitted only when the transport and the ultimate disposal of
such wastes is environmentally sound, and
Determined to protect, by
strict control, human health and the environment against the adverse
effects which may result from the generation and management of
hazardous wastes and other wastes,
HAVE AGREED AS FOLLOWS:
Article 1
Scope of
the Convention
1. The following wastes that are
subject to transboundary movement shall be "hazardous
wastes" for the purposes of this Convention:
(a) Wastes that belong to any
category contained in Annex I, unless they do not possess any of the
characteristics contained in Annex III; and
(b) Wastes that are not covered under
paragraph (a) but are defined as, or are considered to be, hazardous
wastes by the domestic legislation of the Party of export, import or
transit.
2. Wastes that belong to any category
contained in Annex II that are subject to transboundary movement
shall be "other wastes" for the purposes of this
Convention.
3. Wastes which, as a result of being
radioactive, are subject to other international control systems,
including international instruments, applying specifically to
radioactive materials, are excluded from the scope of this
Convention.
4. Wastes which derive from the
normal operations of a ship, the discharge of which is covered by
another international instrument, are excluded from the scope of
this Convention.
Article 2
Definitions
For the purposes of this Convention:
1. "Wastes" are substances
or objects which are disposed of or are intended to be disposed of
or are required to be disposed of by the provisions of national law;
2. "Management" means the
collection, transport and disposal of hazardous wastes or other
wastes, including after-care of disposal sites;
3. "Transboundary movement"
means any movement of hazardous wastes or other wastes from an area
under the national jurisdiction of one State to or through an area
under the national jurisdiction of another State or to or through an
area not under the national jurisdiction of any State, provided at
least two States are involved in the movement;
4. "Disposal" means any
operation specified in Annex IV to this Convention;
5. "Approved site or
facility" means a site or facility for the disposal of
hazardous wastes or other wastes which is authorized or permitted to
operate for this purpose by a relevant authority of the State where
the site or facility is located;
6. "Competent authority"
means one governmental authority designated by a Party to be
responsible, within such geographical areas as the Party may think
fit, for receiving the notification of a transboundary movement of
hazardous wastes or other wastes, and any information related to it,
and for responding to such a notification, as provided in Article 6;
7. "Focal point" means the
entity of a Party referred to in Article 5 responsible for receiving
and submitting information as provided for in Articles 13 and 16;
8. "Environmentally sound
management of hazardous wastes or other wastes" means taking
all practicable steps to ensure that hazardous wastes or other
wastes are managed in a manner which will protect human health and
the environment against the adverse effects which may result from
such wastes;
9. "Area under the national
jurisdiction of a State" means any land, marine area or air
space within which a State exercises administrative and regulatory
responsibility in accordance with international law in regard to the
protection of human health or the environment;
10. "State of export" means
a Party from which a transboundary movement of hazardous wastes or
other wastes is planned to be initiated or is initiated;
11. "State of import" means
a Party to which a transboundary movement of hazardous wastes or
other wastes is planned or takes place for the purpose of disposal
therein or for the purpose of loading prior to disposal in an area
not under the national jurisdiction of any State;
12. "State of transit"
means any State, other than the State of export or import, through
which a movement of hazardous wastes or other wastes is planned or
takes place;
13. "States concerned"
means Parties which are States of export or import, or transit
States, whether or not Parties;
14. "Person" means any
natural or legal person;
15. "Exporter" means any
person under the jurisdiction of the State of export who arranges
for hazardous wastes or other wastes to be exported;
16. "Importer" means any
person under the jurisdiction of the State of import who arranges
for hazardous wastes or other wastes to be imported;
17. "Carrier" means any
person who carries out the transport of hazardous wastes or other
wastes;
18. "Generator" means any
person whose activity produces hazardous wastes or other wastes or,
if that person is not known, the person who is in possession and/or
control of those wastes;
19. "Disposer" means any
person to whom hazardous wastes or other wastes are shipped and who
carries out the disposal of such wastes;
20. "Political and/or economic
integration organization" means an organization constituted by
sovereign States to which its member States have transferred
competence in respect of matters governed by this Convention and
which has been duly authorized, in accordance with its internal
procedures, to sign, ratify, accept, approve, formally confirm or
accede to it;
21. "Illegal traffic" means
any transboundary movement of hazardous wastes or other wastes as
specified in Article 9.
Article 3
National
Definitions of Hazardous Wastes
1. Each Party shall, within six
months of becoming a Party to this Convention, inform the
Secretariat of the Convention of the wastes, other than those listed
in Annexes I and II, considered or defined as hazardous under its
national legislation and of any requirements concerning
transboundary movement procedures applicable to such wastes.
2. Each Party shall subsequently
inform the Secretariat of any significant changes to the information
it has provided pursuant to paragraph 1.
3. The Secretariat shall forthwith
inform all Parties of the information it has received pursuant to
paragraphs 1 and 2.
4. Parties shall be responsible for
making the information transmitted to them by the Secretariat under
paragraph 3 available to their exporters.
Article 4
General
Obligations
1. (a) Parties exercising their right
to prohibit the import of hazardous wastes or other wastes for
disposal shall inform the other Parties of their decision pursuant
to Article 13.
(b) Parties shall prohibit or shall
not permit the export of hazardous wastes and other wastes to the
Parties which have prohibited the import of such wastes, when
notified pursuant to subparagraph (a) above.
(c) Parties shall prohibit or shall
not permit the export of hazardous wastes and other wastes if the
State of import does not consent in writing to the specific import,
in the case where that State of import has not prohibited the import
of such wastes.
2. Each Party shall take the
appropriate measures to:
(a) Ensure that the generation of
hazardous wastes and other wastes within it is reduced to a minimum,
taking into account social, technological and economic aspects;
(b) Ensure the availability of
adequate disposal facilities, for the environmentally sound
management of hazardous wastes and other wastes, that shall be
located, to the extent possible, within it, whatever the place of
their disposal;
(c) Ensure that persons involved in
the management of hazardous wastes or other wastes within it take
such steps as are necessary to prevent pollution due to hazardous
wastes and other wastes arising from such management and, if such
pollution occurs, to minimize the consequences thereof for human
health and the environment;
(d) Ensure that the transboundary
movement of hazardous wastes and other wastes is reduced to the
minimum consistent with the environmentally sound and efficient
management of such wastes, and is conducted in a manner which will
protect human health and the environment against the adverse effects
which may result from such movement;
(e) Not allow the export of hazardous
wastes or other wastes to a State or group of States belonging to an
economic and/or political integration organization that are Parties,
particularly developing countries, which have prohibited by their
legislation all imports, or if it has reason to believe that the
wastes in question will not be managed in an environmentally sound
manner, according to criteria to be decided on by the Parties at
their first meeting.
(f) Require that information about a
proposed transboundary movement of hazardous wastes and other wastes
be provided to the States concerned, according to Annex V A, to
state clearly the effects of the proposed movement on human health
and the environment;
(g) Prevent the import of hazardous
wastes and other wastes if it has reason to believe that the wastes
in question will not be managed in an environmentally sound manner;
(h) Co-operate in activities with
other Parties and interested organizations, directly and through the
Secretariat, including the dissemination of information on the
transboundary movement of hazardous wastes and other wastes, in
order to improve the environmentally sound management of such wastes
and to achieve the prevention of illegal traffic.
3. The Parties consider that illegal
traffic in hazardous wastes or other wastes is criminal.
4. Each Party shall take appropriate
legal, administrative and other measures to implement and enforce
the provisions of this Convention, including measures to prevent and
punish conduct in contravention of the Convention.
5. A Party shall not permit hazardous
wastes or other wastes to be exported to a non-Party or to be
imported from a non-Party.
6. The Parties agree not to allow the
export of hazardous wastes or other wastes for disposal within the
area south of 60° South latitude, whether or not such wastes are
subject to transboundary movement.
7. Furthermore, each Party shall:
(a) Prohibit all persons under its
national jurisdiction from transporting or disposing of hazardous
wastes or other wastes unless such persons are authorized or allowed
to perform such types of operations;
(b) Require that hazardous wastes and
other wastes that are to be the subject of a transboundary movement
be packaged, labelled, and transported in conformity with generally
accepted and recognized international rules and standards in the
field of packaging, labelling, and transport, and that due account
is taken of relevant internationally recognized practices;
(c) Require that hazardous wastes and
other wastes be accompanied by a movement document from the point at
which a transboundary movement commences to the point of disposal.
8. Each Party shall require that
hazardous wastes or other wastes, to be exported, are managed in an
environmentally sound manner in the State of import or elsewhere.
Technical guidelines for the environmentally sound management of
wastes subject to this Convention shall be decided by the Parties at
their first meeting.
9. Parties shall take the appropriate
measures to ensure that the transboundary movement of hazardous
wastes and other wastes only be allowed if:
(a) The State of export does not have
the technical capacity and the necessary facilities, capacity or
suitable disposal sites in order to dispose of the wastes in
question in an environmentally sound and efficient manner; or
(b) The wastes in question are
required as a raw material for recycling or recovery industries in
the State of import; or
(c) The transboundary movement in
question is in accordance with other criteria to be decided by the
Parties, provided those criteria do not differ from the objectives
of this Convention.
10. The obligation under this
Convention of States in which hazardous wastes and other wastes are
generated to require that those wastes are managed in an
environmentally sound manner may not under any circumstances be
transferred to the States of import or transit.
11. Nothing in this Convention shall
prevent a Party from imposing additional requirements that are
consistent with the provisions of this Convention, and are in
accordance with the rules of international law, in order better to
protect human health and the environment.
12. Nothing in this Convention shall
affect in any way the sovereignty of States over their territorial
sea established in accordance with international law, and the
sovereign rights and the jurisdiction which States have in their
exclusive economic zones and their continental shelves in accordance
with international law, and the exercise by ships and aircraft of
all States of navigational rights and freedoms as provided for in
international law and as reflected in relevant international
instruments.
13. Parties shall undertake to review
periodically the possibilities for the reduction of the amount
and/or the pollution potential of hazardous wastes and other wastes
which are exported to other States, in particular to developing
countries.
Article 5
Designation
of Competent Authorities and Focal Point
To facilitate the implementation of
this Convention, the Parties shall:
1. Designate or establish one or more
competent authorities and one focal point. One competent authority
shall be designated to receive the notification in case of a State
of transit.
2. Inform the Secretariat, within
three months of the date of the entry into force of this Convention
for them, which agencies they have designated as their focal point
and their competent authorities.
3. Inform the Secretariat, within one
month of the date of decision, of any changes regarding the
designation made by them under paragraph 2 above.
Article 6
Transboundary
Movement between Parties
1. The State of export shall notify,
or shall require the generator or exporter to notify, in writing,
through the channel of the competent authority of the State of
export, the competent authority of the States concerned of any
proposed transboundary movement of hazardous wastes or other wastes.
Such notification shall contain the declarations and information
specified in Annex V A, written in a language acceptable to the
State of import. Only one notification needs to be sent to each
State concerned.
2. The State of import shall respond
to the notifier in writing, consenting to the movement with or
without conditions, denying permission for the movement, or
requesting additional information. A copy of the final response of
the State of import shall be sent to the competent authorities of
the States concerned which are Parties.
3. The State of export shall not
allow the generator or exporter to commence the transboundary
movement until it has received written confirmation that:
(a) The notifier has received the
written consent of the State of import; and
(b) The notifier has received from
the State of import confirmation of the existence of a contract
between the exporter and the disposer specifying environmentally
sound management of the wastes in question.
4. Each State of transit which is a
Party shall promptly acknowledge to the notifier receipt of the
notification. It may subsequently respond to the notifier in
writing, within 60 days, consenting to the movement with or without
conditions, denying permission for the movement, or requesting
additional information. The State of export shall not allow the
transboundary movement to commence until it has received the written
consent of the State of transit. However, if at any time a Party
decides not to require prior written consent, either generally or
under specific conditions, for transit transboundary movements of
hazardous wastes or other wastes, or modifies its requirements in
this respect, it shall forthwith inform the other Parties of its
decision pursuant to Article 13. In this latter case, if no response
is received by the State of export within 60 days of the receipt of
a given notification by the State of transit, the State of export
may allow the export to proceed through the State of transit.
5. In the case of a transboundary
movement of wastes where the wastes are legally defined as or
considered to be hazardous wastes only:
(a) By the State of export, the
requirements of paragraph 9 of this Article that apply to the
importer or disposer and the State of import shall apply mutatis
mutandis to the exporter and State of export, respectively;
(b) By the State of import, or by the
States of import and transit which are Parties, the requirements of
paragraphs 1, 3, 4 and 6 of this Article that apply to the exporter
and State of export shall apply mutatis mutandis to the
importer or disposer and State of import, respectively; or
(c) By any State of transit which is
a Party, the provisions of paragraph 4 shall apply to such State.
6. The State of export may, subject
to the written consent of the States concerned, allow the generator
or the exporter to use a general notification where hazardous wastes
or other wastes having the same physical and chemical
characteristics are shipped regularly to the same disposer via the
same customs office of exit of the State of export via the same
customs office of entry of the State of import, and, in the case of
transit, via the same customs office of entry and exit of the State
or States of transit.
7. The States concerned may make
their written consent to the use of the general notification
referred to in paragraph 6 subject to the supply of certain
information, such as the exact quantities or periodical lists of
hazardous wastes or other wastes to be shipped.
8. The general notification and
written consent referred to in paragraphs 6 and 7 may cover multiple
shipments of hazardous wastes or other wastes during a maximum
period of 12 months.
9. The Parties shall require that
each person who takes charge of a transboundary movement of
hazardous wastes or other wastes sign the movement document either
upon delivery or receipt of the wastes in question. They shall also
require that the disposer inform both the exporter and the competent
authority of the State of export of receipt by the disposer of the
wastes in question and, in due course, of the completion of disposal
as specified in the notification. If no such information is received
within the State of export, the competent authority of the State of
export or the exporter shall so notify the State of import.
10. The notification and response
required by this Article shall be transmitted to the competent
authority of the Parties concerned or to such governmental authority
as may be appropriate in the case of non-Parties.
11. Any transboundary movement of
hazardous wastes or other wastes shall be covered by insurance, bond
or other guarantee as may be required by the State of import or any
State of transit which is a Party.
Article 7
Transboundary
Movement from a Party through
States
which are not Parties
Paragraph 1 of Article 6 of the
Convention shall apply mutatis mutandis to transboundary
movement of hazardous wastes or other wastes from a Party through a
State or States which are not Parties.
Article 8
Duty to
Re-import
When a transboundary movement of
hazardous wastes or other wastes to which the consent of the States
concerned has been given, subject to the provisions of this
Convention, cannot be completed in accordance with the terms of the
contract, the State of export shall ensure that the wastes in
question are taken back into the State of export, by the exporter,
if alternative arrangements cannot be made for their disposal in an
environmentally sound manner, within 90 days from the time that the
importing State informed the State of export and the Secretariat, or
such other period of time as the States concerned agree. To this
end, the State of export and any Party of transit shall not oppose,
hinder or prevent the return of those wastes to the State of export.
Article 9
Illegal
Traffic
1. For the purpose of this
Convention, any transboundary movement of hazardous wastes or other
wastes:
(a) without notification pursuant to
the provisions of this Convention to all States concerned; or
(b) without the consent pursuant to
the provisions of this Convention of a State concerned; or
(c) with consent obtained from States
concerned through falsification, misrepresentation or fraud; or
(d) that does not conform in a
material way with the documents; or
(e) that results in deliberate
disposal (e.g. dumping) of hazardous wastes or other wastes in
contravention of this Convention and of general principles of
international law,
shall be deemed to be illegal
traffic.
2. In case of a transboundary
movement of hazardous wastes or other wastes deemed to be illegal
traffic as the result of conduct on the part of the exporter or
generator, the State of export shall ensure that the wastes in
question are:
(a) taken back by the exporter or the
generator or, if necessary, by itself into the State of export, or,
if impracticable,
(b) are otherwise disposed of in
accordance with the provisions of this Convention,
within 30 days from the time the
State of export has been informed about the illegal traffic or such
other period of time as States concerned may agree. To this end the
Parties concerned shall not oppose, hinder or prevent the return of
those wastes to the State of export.
3. In the case of a transboundary
movement of hazardous wastes or other wastes deemed to be illegal
traffic as the result of conduct on the part of the importer or
disposer, the State of import shall ensure that the wastes in
question are disposed of in an environmentally sound manner by the
importer or disposer or, if necessary, by itself within 30 days from
the time the illegal traffic has come to the attention of the State
of import or such other period of time as the States concerned may
agree. To this end, the Parties concerned shall co-operate, as
necessary, in the disposal of the wastes in an environmentally sound
manner.
4. In cases where the responsibility
for the illegal traffic cannot be assigned either to the exporter or
generator or to the importer or disposer, the Parties concerned or
other Parties, as appropriate, shall ensure, through co-operation,
that the wastes in question are disposed of as soon as possible in
an environmentally sound manner either in the State of export or the
State of import or elsewhere as appropriate.
5. Each Party shall introduce
appropriate national/domestic legislation to prevent and punish
illegal traffic. The Parties shall co-operate with a view to
achieving the objects of this Article.
Article 10
International
Co-operation
1. The Parties shall co-operate with
each other in order to improve and achieve environmentally sound
management of hazardous wastes and other wastes.
2. To this end, the Parties shall:
(a) Upon request, make available
information, whether on a bilateral or multilateral basis, with a
view to promoting the environmentally sound management of hazardous
wastes and other wastes, including harmonization of technical
standards and practices for the adequate management of hazardous
wastes and other wastes;
(b) Co-operate in monitoring the
effects of the management of hazardous wastes on human health and
the environment;
(c) Co-operate, subject to their
national laws, regulations and policies, in the development and
implementation of new environmentally sound low-waste technologies
and the improvement of existing technologies with a view to
eliminating, as far as practicable, the generation of hazardous
wastes and other wastes and achieving more effective and efficient
methods of ensuring their management in an environmentally sound
manner, including the study of the economic, social and
environmental effects of the adoption of such new or improved
technologies;
(d) Co-operate actively, subject to
their national laws, regulations and policies, in the transfer of
technology and management systems related to the environmentally
sound management of hazardous wastes and other wastes. They shall
also co-operate in developing the technical capacity among Parties,
especially those which may need and request technical assistance in
this field;
(e) Co-operate in developing
appropriate technical guidelines and/or codes of practice.
3. The Parties shall employ
appropriate means to co-operate in order to assist developing
countries in the implementation of subparagraphs a, b, c and d of
paragraph 2 of Article 4.
4. Taking into account the needs of
developing countries, co-operation between Parties and the competent
international organizations is encouraged to promote, inter alia,
public awareness, the development of sound management of hazardous
wastes and other wastes and the adoption of new low-waste
technologies.
Article 11
Bilateral,
Multilateral and Regional Agreements
1. Notwithstanding the provisions of
Article 4 paragraph 5, Parties may enter into bilateral,
multilateral, or regional agreements or arrangements regarding
transboundary movement of hazardous wastes or other wastes with
Parties or non-Parties provided that such agreements or arrangements
do not derogate from the environmentally sound management of
hazardous wastes and other wastes as required by this Convention.
These agreements or arrangements shall stipulate provisions which
are not less environmentally sound than those provided for by this
Convention in particular taking into account the interests of
developing countries.
2. Parties shall notify the
Secretariat of any bilateral, multilateral or regional agreements or
arrangements referred to in paragraph 1 and those which they have
entered into prior to the entry into force of this Convention for
them, for the purpose of controlling transboundary movements of
hazardous wastes and other wastes which take place entirely among
the Parties to such agreements. The provisions of this Convention
shall not affect transboundary movements which take place pursuant
to such agreements provided that such agreements are compatible with
the environmentally sound management of hazardous wastes and other
wastes as required by this Convention.
Article
12
Consultations
on Liability
The Parties shall co-operate with a
view to adopting, as soon as practicable, a protocol setting out
appropriate rules and procedures in the field of liability and
compensation for damage resulting from the transboundary movement
and disposal of hazardous wastes and other wastes.
Article 13
Transmission
of Information
1. The Parties shall, whenever it
comes to their knowledge, ensure that, in the case of an accident
occurring during the transboundary movement of hazardous wastes or
other wastes or their disposal, which are likely to present risks to
human health and the environment in other States, those states are
immediately informed.
2. The Parties shall inform each
other, through the Secretariat, of:
(a) Changes regarding the designation
of competent authorities and/or focal points, pursuant to Article 5;
(b) Changes in their national
definition of hazardous wastes, pursuant to Article 3;
and, as soon as possible,
(c) Decisions made by them not to
consent totally or partially to the import of hazardous wastes or
other wastes for disposal within the area under their national
jurisdiction;
(d) Decisions taken by them to limit
or ban the export of hazardous wastes or other wastes;
(e) Any other information required
pursuant to paragraph 4 of this Article.
3. The Parties, consistent with
national laws and regulations, shall transmit, through the
Secretariat, to the Conference of the Parties established under
Article 15, before the end of each calendar year, a report on the
previous calendar year, containing the following information:
(a) Competent authorities and focal
points that have been designated by them pursuant to Article 5;
(b) Information regarding
transboundary movements of hazardous wastes or other wastes in which
they have been involved, including:
(i) The amount of hazardous wastes
and other wastes exported, their category, characteristics,
destination, any transit country and disposal method as stated on
the response to notification;
(ii) The amount of hazardous wastes
and other wastes imported, their category, characteristics, origin,
and disposal methods;
(iii) Disposals which did not proceed
as intended;
(iv) Efforts to achieve a reduction
of the amount of hazardous wastes or other wastes subject to
transboundary movement;
(c) Information on the measures
adopted by them in implementation of this Convention;
(d) Information on available
qualified statistics which have been compiled by them on the effects
on human health and the environment of the generation,
transportation and disposal of hazardous wastes or other wastes;
(e) Information concerning bilateral,
multilateral and regional agreements and arrangements entered into
pursuant to Article 11 of this Convention;
(f) Information on accidents
occurring during the transboundary movement and disposal of
hazardous wastes and other wastes and on the measures undertaken to
deal with them;
(g) Information on disposal options
operated within the area of their national jurisdiction;
(h) Information on measures
undertaken for development of technologies for the reduction and/or
elimination of production of hazardous wastes and other wastes; and
(i) Such other matters as the
Conference of the Parties shall deem relevant.
4. The Parties, consistent with
national laws and regulations, shall ensure that copies of each
notification concerning any given transboundary movement of
hazardous wastes or other wastes, and the response to it, are sent
to the Secretariat when a Party considers that its environment may
be affected by that transboundary movement has requested that this
should be done.
Article 14
Financial Aspects
1. The Parties agree that, according
to the specific needs of different regions and subregions, regional
or sub-regional centres for training and technology transfers
regarding the management of hazardous wastes and other wastes and
the minimization of their generation should be established. The
Parties shall decide on the establishment of appropriate funding
mechanisms of a voluntary nature.
2. The Parties shall consider the
establishment of a revolving fund to assist on an interim basis in
case of emergency situations to minimize damage from accidents
arising from transboundary movements of hazardous wastes and other
wastes or during the disposal of those wastes.
Article 15
Conference of the Parties
1. A Conference of the Parties is
hereby established. The first meeting of the Conference of the
Parties shall be convened by the Executive Director of UNEP not
later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the Conference of the Parties shall
be held at regular intervals to be determined by the Conference at
its first meeting.
2. Extraordinary meetings of the
Conference of the Parties shall be held at such other times as may
be deemed necessary by the Conference, or at the written request of
any Party, provided that, within six months of the request being
communicated to them by the Secretariat, it is supported by at least
one third of the Parties.
3. The Conference of the Parties
shall by consensus agree upon and adopt rules of procedure for
itself and for any subsidiary body it may establish, as well as
financial rules to determine in particular the financial
participation of the Parties under this Convention.
4. The Parties at their first meeting
shall consider any additional measures needed to assist them in
fulfilling their responsibilities with respect to the protection and
the preservation of the marine environment in the context of this
Convention.
5. The Conference of the Parties
shall keep under continuous review and evaluation the effective
implementation of this Convention, and, in addition, shall:
(a) Promote the harmonization of
appropriate policies, strategies and measures for minimizing harm to
human health and the environment by hazardous wastes and other
wastes;
(b) Consider and adopt, as required,
amendments to this Convention and its annexes, taking into
consideration, inter alia, available scientific,
technical, economic and environmental information;
(c) Consider and undertake any
additional action that may be required for the achievement of the
purposes of this Convention in the light of experience gained in its
operation and in the operation of the agreements and arrangements
envisaged in Article 11;
(d) Consider and adopt protocols as
required; and
(e) Establish such subsidiary bodies
as are deemed necessary for the implementation of this Convention.
6. The United Nations, its
specialized agencies, as well as any State not Party to this
Convention, may be represented as observers at meetings of the
Conference of the Parties. Any other body or agency, whether
national or international, governmental or non-governmental,
qualified in fields relating to hazardous wastes or other wastes
which has informed the Secretariat of its wish to be represented as
an observer at a meeting of the Conference of Parties, may be
admitted unless at least one third of the Parties present object.
The admission and participation of observers shall be subject to the
rules of procedure adopted by the Conference of the Parties.
7. The Conference of the Parties
shall undertake three years after the entry into force of this
Convention, and at least every six years thereafter, an evaluation
of its effectiveness and, if deemed necessary, to consider the
adoption of a complete or partial ban of transboundary movements of
hazardous wastes and other wastes in light of the latest scientific,
environmental, technical and economic information.
Article 16
Secretariat
1. The functions of the Secretariat
shall be:
(a) To arrange for and service
meetings provided for in Articles 15 and 17;
(b) To prepare and transmit reports
based upon information received in accordance with Articles 3, 4, 6,
11 and 13 as well as upon information derived from meetings of
subsidiary bodies established under Article 15 as well as upon, as
appropriate, information provided by relevant intergovernmental and
non-governmental entities;
(c) To prepare reports on its
activities carried out in implementation of its functions under this
Convention and present them to the Conference of the Parties;
(d) To ensure the necessary
coordination with relevant international bodies, and in particular
to enter into such administrative and contractual arrangements as
may be required for the effective discharge of its function;
(e) To communicate with Focal Points
and Competent Authorities established by the Parties in accordance
with Article 5 of this Convention;
(f) To compile information concerning
authorized national sites and facilities of Parties available for
the disposal of their hazardous wastes and other wastes and to
circulate this information among Parties;
(g) To receive and convey information
from and to Parties on:
- sources of technical assistance and
training;
- available technical and scientific
know-how;
- sources of advice and expertise;
and
- availability of resources
with a view to assisting them, upon
request, in such areas as:
- the handling of the notification
system of this Convention;
- the management of hazardous wastes
and other wastes;
- environmentally sound technologies
relating to hazardous wastes and other wastes; such as low- and
non-waste technology;
- the assessment of disposal
capabilities and sites;
- the monitoring of hazardous wastes
and other wastes; and
- emergency responses;
(h) To provide Parties, upon request,
with information on consultants or consulting firms having the
necessary technical competence in the field, which can assist them
to examine a notification for a transboundary movement, the
concurrence of a shipment of hazardous wastes or other wastes with
the relevant notification, and/or the fact that the proposed
disposal facilities for hazardous wastes or other wastes are
environmentally sound, when they have reason to believe that the
wastes in question will not be managed in an environmentally sound
manner. Any such examination would not be at the expense of the
Secretariat;
(i) To assist Parties upon request in
their identification of cases of illegal traffic and to circulate
immediately to the Parties concerned any information it has received
regarding illegal traffic;
(j) To co-operate with Parties and
with relevant and competent international organizations and agencies
in the provision of experts and equipment for the purpose of rapid
assistance to States in the event of an emergency situation; and
(k) To perform such other functions
relevant to the purposes of this Convention as may be determined by
the Conference of the Parties.
2. The Secretariat functions will be
carried out on an interim basis by UNEP until the completion of the
first meeting of the Conference of the Parties held pursuant to
Article 15.
3. At its first meeting, the
Conference of the Parties shall designate the Secretariat from among
those existing competent intergovernmental organizations which have
signified their willingness to carry out the Secretariat functions
under this Convention. At this meeting, the Conference of the
Parties shall also evaluate the implementation by the interim
Secretariat of the functions assigned to it, in particular under
paragraph 1 above, and decide upon the structures appropriate for
those functions.
Article 17
Amendment of the
Convention
1. Any Party may propose amendments
to this Convention and any Party to a protocol may propose
amendments to that protocol. Such amendments shall take due account,
inter alia, of relevant scientific and technical
considerations.
2. Amendments to this Convention
shall be adopted at a meeting of the Conference of the Parties.
Amendments to any protocol shall be adopted at a meeting of the
Parties to the protocol in question. The text of any proposed
amendment to this Convention or to any protocol, except as may
otherwise be provided in such protocol, shall be communicated to the
Parties by the Secretariat at least six months before the meeting at
which it is proposed for adoption. The Secretariat shall also
communicate proposed amendments to the Signatories to this
Convention for information.
3. The Parties shall make every
effort to reach agreement on any proposed amendment to this
Convention by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the amendment shall as a last
resort be adopted by a three-fourths majority of the Parties present
and voting at the meeting, and shall be submitted by the Depositary
to all Parties for ratification, approval, formal confirmation or
acceptance.
4. The procedure mentioned in
paragraph 3 above shall apply to amendments to any protocol, except
that a two-thirds majority of the Parties to that protocol present
and voting at the meeting shall suffice for their adoption.
5. Instruments of ratification,
approval, formal confirmation or acceptance of amendments shall be
deposited with the Depositary. Amendments adopted in accordance with
paragraphs 3 or 4 above shall enter into force between Parties
having accepted them on the ninetieth day after the receipt by the
Depositary of their instrument of ratification, approval, formal
confirmation or acceptance by at least three-fourths of the Parties
who accepted them or by at least two thirds of the Parties to the
protocol concerned who accepted them, except as may otherwise be
provided in such protocol. The amendments shall enter into force for
any other Party on the ninetieth day after that Party deposits its
instrument of ratification, approval, formal confirmation or
acceptance of the amendments.
6. For the purpose of this Article,
"Parties present and voting" means Parties present and
casting an affirmative or negative vote.
Article 18
Adoption and Amendment of
Annexes
1. The annexes to this Convention or
to any protocol shall form an integral part of this Convention or of
such protocol, as the case may be and, unless expressly provided
otherwise, a reference to this Convention or its protocols
constitutes at the same time a reference to any annexes thereto.
Such annexes shall be restricted to scientific, technical and
administrative matters.
2. Except as may be otherwise
provided in any protocol with respect to its annexes, the following
procedure shall apply to the proposal, adoption and entry into force
of additional annexes to this Convention or of annexes to a
protocol:
(a) Annexes to this Convention and
its protocols shall be proposed and adopted according to the
procedure laid down in Article 17, paragraphs 2, 3 and 4;
(b) Any Party that is unable to
accept an additional annex to this Convention or an annex to any
protocol to which it is party shall so notify the Depositary, in
writing, within six months from the date of the communication of the
adoption by the Depositary. The Depositary shall without delay
notify all Parties of any such notification received. A Party may at
any time substitute an acceptance for a previous declaration of
objection and the annexes shall thereupon enter into force for that
Party;
(c) On the expiry of six months from
the date of the circulation of the communication by the Depositary,
the annex shall become effective for all Parties to this Convention
or to any protocol concerned, which have not submitted a
notification in accordance with the provision of subparagraph (b)
above.
3. The proposal, adoption and entry
into force of amendments to annexes to this Convention or to any
protocol shall be subject to the same procedure as for the proposal,
adoption and entry into force of annexes to the Convention or
annexes to a protocol. Annexes and amendments thereto shall take due
account, inter alia, of relevant scientific and technical
considerations.
4. If an additional annex or an
amendment to an annex involves an amendment to this Convention or to
any protocol, the additional annex or amended annex shall not enter
into force until such time the amendment to this Convention or to
the protocol enters into force.
Article 19
Verification
Any Party which has reason to believe
that another Party is acting or has acted in breach of its
obligations under this Convention may inform the Secretariat
thereof, and in such an event, shall simultaneously and immediately
inform, directly or through the Secretariat, the Party against whom
the allegations are made. All relevant information should be
submitted by the Secretariat to the Parties.
Article 20
Settlement of Disputes
1. In case of a dispute between
Parties as to the interpretation or application of, or compliance
with, this Convention or any protocol thereto, they shall seek a
settlement of the dispute through negotiation or any other peaceful
means of their own choice.
2. If the Parties concerned cannot
settle their dispute through the means mentioned in the preceding
paragraph, the dispute, if the Parties to the dispute agree, shall
be submitted to the International Court of Justice or to arbitration
under the conditions set out in Annex VI on Arbitration. However,
failure to reach common agreement on submission of the dispute to
the International Court of Justice or to arbitration shall not
absolve the Parties from the responsibility of continuing to seek to
resolve it by the means referred to in paragraph 1.
3. When ratifying, accepting,
approving, formally confirming or acceding to this Convention, or at
any time thereafter, a State or political and/or economic
integration organization may declare that it recognizes as
compulsory ipso facto and without special agreement, in
relation to any Party accepting the same obligation:
(a) submission of the dispute to the
International Court of Justice; and/or
(b) arbitration in accordance with
the procedures set out in Annex VI.
Such declaration shall be notified in
writing to the Secretariat which shall communicate it to the
Parties.
Article 21
Signature
This Convention shall be open for
signature by States, by Namibia, represented by the United Nations
Council for Namibia, and by political and/or economic integration
organizations, in Basel on 22 March 1989, at the Federal Department
of Foreign Affairs of Switzerland in Berne from 23 March 1989 to 30
June 1989 and at United Nations Headquarters in New York from 1 July
1989 to 22 March 1990.
Article 22
Ratification, Acceptance,
Formal Confirmation or Approval
1. This Convention shall be subject
to ratification, acceptance or approval by States and by Namibia,
represented by the United Nations Council for Namibia, and to formal
confirmation or approval by political and/or economic integration
organizations. Instruments of ratification, acceptance, formal
confirmation, or approval shall be deposited with the Depositary.
2. Any organization referred to in
paragraph 1 above which becomes a Party to this Convention without
any of its members States being a Party shall be bound by all the
obligations under the Convention. In the case of such organizations,
one or more of whose member States is a Party to the Convention, the
organization and its member States shall decide on their respective
responsibilities for the performance of their obligations under the
Convention. In such cases, the organization and the member States
shall not be entitled to exercise rights under the Convention
concurrently.
3. In their instruments of formal
confirmation or approval, the organizations referred to in paragraph
1 above shall declare the extent of their competence with respect to
the matters governed by the Convention. These organizations shall
also inform the Depositary, who will inform the Parties of any
substantial modification in the extent of their competence.
Article 23
Accession
1. This Convention shall be open for
accession by States, by Namibia, represented by the United Nations
Council for Namibia, and by political and/or economic integration
organizations from the day after the date on which the Convention is
closed for signature. The instruments of accession shall be
deposited with the Depositary.
2. In their instruments of accession,
the organizations referred to in paragraph 1 above shall declare the
extent of their competence with respect to the matters governed by
the Convention. These organizations shall also inform the Depositary
of any substantial modification in the extent of their competence.
3. The provisions of Article 22,
paragraph 2, shall apply to political and/or economic integration
organizations which accede to this Convention.
Article 24
Right to Vote
1. Except as provided for in
paragraph 2 below, each Contracting Party to this Convention shall
have one vote.
2. Political and/or economic
integration organizations, in matters within their competence, in
accordance with Article 22, paragraph 3, and Article 23, paragraph
2, shall exercise their right to vote with a number of votes equal
to the number of their member States which are Parties to the
Convention or the relevant protocol. Such organizations shall not
exercise their right to vote if their member States exercise theirs,
and vice versa.
Article 25
Entry into Force
1. This Convention shall enter into
force on the ninetieth day after the day of deposit of the twentieth
instrument of ratification, acceptance, formal confirmation,
approval or accession.
2. For each State or political and/or
economic integration organization which ratifies, accepts, approves
or formally confirms this Convention or accedes thereto after the
date of the deposit of the twentieth instrument of ratification,
acceptance, approval, formal confirmation or accession, it shall
enter into force on the ninetieth day after the date of deposit by
such State or political and/or economic integration organization of
its instrument of ratification, acceptance, approval, formal
confirmation or accession.
3. For the purpose of paragraphs 1
and 2 above, any instrument deposited by a political and/or economic
integration organization shall not be counted as additional to those
deposited by member States of such organization.
Article 26
Reservations and
Declarations
1. No reservation or exception may be
made to this Convention.
2. Paragraph 1 of this Article does
not preclude a State or political and/or economic integration
organization, when signing, ratifying, accepting, approving,
formally confirming or acceding to this Convention, from making
declarations or statements, however phrased or named, with a view, inter
alia, to the harmonization of its laws and regulations with the
provisions of this Convention, provided that such declarations or
statements do not purport to exclude or to modify the legal effects
of the provisions of the Convention in their application to that
State.
Article 27
Withdrawal
1. At any time after three years from
the date on which this Convention has entered into force for a
Party, that Party may withdraw from the Convention by giving written
notification to the Depositary.
2. Withdrawal shall be effective one
year from receipt of notification by the Depositary, or on such
later date as may be specified in the notification.
Article 28
Depository
The Secretary-General of the United
Nations shall be the Depository of this Convention and of any
protocol thereto.
Article 29
Authentic texts
The original Arabic, Chinese,
English, French, Russian and Spanish texts of this Convention are
equally authentic.
IN WITNESS WHEREOF the undersigned,
being duly authorized to that effect, have signed this Convention.
Done
at...................................on the..............day
of....................................1989
Annex I
CATEGORIES OF
WASTES TO BE CONTROLLED
Waste Streams
Y1 Clinical wastes
from medical care in hospitals, medical centers and clinics
Y2 Wastes from the
production and preparation of pharmaceutical products
Y3 Waste
pharmaceuticals, drugs and medicines
Y4 Wastes from the
production, formulation and use of biocides and phytopharmaceuticals
Y5 Wastes from the
manufacture, formulation and use of wood preserving chemicals
Y6 Wastes from the
production, formulation and use of organic solvents
Y7 Wastes from heat
treatment and tempering operations containing cyanides
Y8 Waste mineral
oils unfit for their originally intended use
Y9 Waste oils/water,
hydrocarbons/water mixtures, emulsions
Y10 Waste substances
and articles containing or contaminated with polychlorinated
biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or
polybrominated biphenyls (PBBs)
Y11 Waste tarry
residues arising from refining, distillation and any pyrolytic
treatment
Y12 Wastes from
production, formulation and use of inks, dyes, pigments, paints,
lacquers, varnish
Y13 Wastes from
production, formulation and use of resins, latex, plasticizers,
glues/adhesives
Y14 Waste chemical
substances arising from research and development or teaching
activities which are not identified and/or are new and whose effects
on man and/or the environment are not known
Y15 Wastes of an
explosive nature not subject to other legislation
Y16 Wastes from
production, formulation and use of photographic chemicals and
processing materials
Y17 Wastes resulting
from surface treatment of metals and plastics
Y18 Residues arising
from industrial waste disposal operations
Wastes having as constituents:
Y19 Metal carbonyls
Y20 Beryllium;
beryllium compounds
Y21 Hexavalent
chromium compounds
Y22
Copper compounds
Y23
Zinc compounds
Y24 Arsenic; arsenic
compounds
Y25 Selenium;
selenium compounds
Y26 Cadmium; cadmium
compounds
Y27 Antimony;
antimony compounds
Y28 Tellurium;
tellurium compounds
Y29 Mercury; mercury
compounds
Y30 Thallium;
thallium compounds
Y31 Lead; lead
compounds
Y32 Inorganic
fluorine compounds excluding calcium fluoride
Y33 Inorganic
cyanides
Y34 Acidic solutions
or acids in solid form
Y35 Basic solutions
or bases in solid form
Y36 Asbestos (dust
and fibres)
Y37 Organic
phosphorus compounds
Y38 Organic cyanides
Y39 Phenols; phenol
compounds including chlorophenols
Y40 Ethers
Y41 Halogenated
organic solvents
Y42 Organic solvents
excluding halogenated solvents
Y43 Any congenor of
polychlorinated dibenzo-furan
Y44 Any congenor of
polychlorinated dibenzo-p-dioxin
Y45 Organohalogen
compounds other than substances referred to in this Annex (e.g. Y39,
Y41, Y42, Y43, Y44)
(a) To facilitate the application of
this Convention, and subject to paragraphs (b), (c) and (d), wastes
listed in Annex VIII are characterized as hazardous pursuant to
Article 1, paragraph 1 (a), of this Convention, and wastes listed in
Annex IX are not covered by Article 1, paragraph 1 (a), of this
Convention.
(b) Designation of a waste on Annex
VIII does not preclude, in a particular case, the use of Annex III
to demonstrate that a waste is not hazardous pursuant to Article 1,
paragraph 1 (a), of this Convention.
(c) Designation of a waste on Annex
IX does not preclude, in a particular case, characterization of such
a waste as hazardous pursuant to Article 1, paragraph 1 (a), of this
Convention if it contains Annex I material to an extent causing it
to exhibit an Annex III characteristic.
(d) Annexes VIII and IX do not affect
the application of Article 1, paragraph 1 (a), of this Convention
for the purpose of characterization of wastes.(1)
Annex II
CATEGORIES OF
WASTES REQUIRING SPECIAL CONSIDERATION
Y46 - Wastes
collected from households
Y47 - Residues
arising from the incineration of household wastes
Annex III
LIST OF
HAZARDOUS CHARACTERISTICS
UN Class(2)
Code Characteristics
1 H1 Explosive
An explosive substance or waste is a
solid or liquid substance or waste (or mixture of substances or
wastes) which is in itself capable by chemical reaction of producing
gas at such a temperature and pressure and at such speed as to cause
damage to the surroundings.
3 H3 Flammable liquids
The word "flammable" has
the same meaning as "inflammable." Flammable liquids are
liquids, or mixtures of liquids, or liquids containing solids in
solution or suspension (for example, paints, varnishes, lacquers,
etc., but not including substances or wastes otherwise classified on
account of their dangerous characteristics) which give off a
flammable vapour at temperatures of not more than 60.5 C, closed-cup
test, or not more than 65.6C, open-cup test. (Since the results of
open-cup tests and of closed-cup tests are not strictly comparable
and even individual results by the same test are often variable,
regulations varying from the above figures to make allowance for
such differences would be within the spirit of this definition.)
4.1 H4.1 Flammable solids
Solids, or waste solids, other than
those classed as explosives, which under conditions encountered in
transport are readily combustible, or may cause or contribute to
fire through friction.
4.2 H4.2 Substances or wastes liable
to spontaneous combustion
Substances or wastes which are liable
to spontaneous heating under normal conditions encountered in
transport, or to heating up on contact with air, and being then
liable to catch fire.
4.3 H4.3 Substances or wastes which,
in contact with water emit flammable gases
Substances or wastes which, by
interaction with water, are liable to become spontaneously flammable
or to give off flammable gases in dangerous quantities.
5.1 H5.1 Oxidizing
Substances or wastes which, while in
themselves not necessarily combustible, may, generally by yielding
oxygen cause, or contribute to, the combustion of other materials.
5.2 H5.2 Organic Peroxides
Organic substances or wastes which
contain the bivalent-O-O- structure are thermally unstable
substances which may undergo exothermic self-accelerating
decomposition.
6.1 H6.1 Poisonous (Acute)
Substances or wastes liable either to
cause death or serious injury or to harm health if swallowed or
inhaled or by skin contact.
6.2 H6.2 Infectious substances
Substances or wastes containing
viable micro organisms or their toxins which are known or suspected
to cause disease in animals or humans.
8 H8 Corrosives
Substances or wastes which, by
chemical action, will cause severe damage when in contact with
living tissue, or, in the case of leakage, will materially damage,
or even destroy, other goods or the means of transport; they may
also cause other hazards.
9 H10 Liberation of toxic gases in
contact with air or water
Substances or wastes which, by
interaction with air or water, are liable to give off toxic gases in
dangerous quantities.
9 H11 Toxic (Delayed or chronic)
Substances or wastes which, if they
are inhaled or ingested or if they penetrate the skin, may involve
delayed or chronic effects, including carcinogenicity.
9 H12 Ecotoxic
Substances or wastes which if
released present or may present immediate or delayed adverse impacts
to the environment by means of bioaccumulation and/or toxic effects
upon biotic systems.
9 H13 Capable, by any means, after
disposal, of yielding another material, e.g., leachate, which
possesses any of the characteristics listed above.
Tests
The potential hazards posed by
certain types of wastes are not yet fully documented; tests to
define quantitatively these hazards do not exist. Further research
is necessary in order to develop means to characterize potential
hazards posed to man and/or the environment by these wastes.
Standardized tests have been derived with respect to pure substances
and materials. Many countries have developed national tests which
can be applied to materials listed in Annex I, in order to decide if
these materials exhibit any of the characteristics listed in this
Annex.
Annex IV
DISPOSAL
OPERATIONS
A. OPERATIONS WHICH DO NOT LEAD TO
THE POSSIBILITY OF RESOURCE
RECOVERY, RECYCLING, RECLAMATION,
DIRECT RE-USE OR
ALTERNATIVE USES
Section A encompasses all such
disposal operations which occur in practice.
D1 Deposit into or onto land, (e.g.,
landfill, etc.)
D2 Land treatment, (e.g.,
biodegradation of liquid or sludgy discards in soils, etc.)
D3 Deep injection, (e.g., injection
of pumpable discards into wells, salt domes of naturally occurring
repositories, etc.)
D4 Surface impoundment, (e.g.,
placement of liquid or sludge discards into pits, ponds or lagoons,
etc.)
D5 Specially engineered landfill,
(e.g., placement into lined discrete cells which are capped and
isolated from one another and the environment, etc.)
D6 Release into a water body except
seas/oceans
D7 Release into seas/oceans including
sea-bed insertion
D8 Biological treatment not specified
elsewhere in this Annex which results in final compounds or mixtures
which are discarded by means of any of the operations in Section A
D9 Physico chemical treatment not
specified elsewhere in this Annex which results in final compounds
or mixtures which are discarded by means of any of the operations in
Section A, (e.g., evaporation, drying, calcination, neutralization,
precipitation, etc.)
D10 Incineration on land
D11 Incineration at sea
D12 Permanent storage (e.g.,
emplacement of containers in a mine, etc.)
D13 Blending or mixing prior to
submission to any of the operations in Section A
D14 Repackaging prior to submission
to any of the operations in Section A
D15 Storage pending any of the
operations in Section A
B. OPERATIONS WHICH MAY LEAD TO
RESOURCE RECOVERY, RECYCLING
RECLAMATION, DIRECT RE-USE OR
ALTERNATIVE USES
Section B encompasses all such
operations with respect to materials
legally defined as or considered to
be hazardous wastes and which
otherwise would have been destined
for operations included in Section A
R1 Use as a fuel (other than in
direct incineration) or other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic
substances which are not used as solvents
R4 Recycling/reclamation of metals
and metal compounds
R5 Recycling/reclamation of other
inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for
pollution abatement
R8 Recovery of components from
catalysts
R9 Used oil re-refining or other
reuses of previously used oil
R10 Land treatment resulting in
benefit to agriculture or ecological improvement
R11 Uses of residual materials
obtained from any of the operations numbered R1-R10
R12 Exchange of wastes for submission
to any of the operations numbered R1-R11
R13 Accumulation of material intended
for any operation in Section B
Annex V A
INFORMATION TO
BE PROVIDED ON NOTIFICATION
1. Reason for waste export
2. Exporter of the waste 1/
3. Generator(s) of the waste and site
of generation 1/
4. Disposer of the waste and actual
site of disposal 1/
5. Intended carrier(s) of the waste
or their agents, if known 1/
6. Country of export of the waste
Competent authority 2/
7. Expected countries of transit
Competent authority 2/
8. Country of import of the waste
Competent authority 2/
9. General or single notification
10. Projected date(s) of shipment(s)
and period of time over which waste is to be exported and proposed
itinerary (including point of entry and exit) 3/
11. Means of transport envisaged
(road, rail, sea, air, inland waters)
12. Information relating to insurance
4/
13. Designation and physical
description of the waste including Y number and UN number and its
composition 5/ and information on any special handling
requirements including emergency provisions in case of accidents
14. Type of packaging envisaged (e.g.
bulk, drummed, tanker)
15. Estimated quantity in
weight/volume 6/
16. Process by which the waste is
generated 7/
17. For wastes listed in Annex I,
classifications from Annex III: hazardous characteristic, H number,
and UN class
18. Method of disposal as per Annex
IV
19. Declaration by the generator and
exporter that the information is correct
20. Information transmitted
(including technical description of the plant) to the exporter or
generator from the disposer of the waste upon which the latter has
based his assessment that there was no reason to believe that the
wastes will not be managed in an environmentally sound manner in
accordance with the laws and regulations of the country of import.
21. Information concerning the
contract between the exporter and disposer.
Notes
1/ Full name and address,
telephone or telefax number and the name, address, telephone, telex
or telefax number of the person to be contacted.
2/ Full name and address,
telephone, telex or telefax number.
3/ In the case of a general
notification covering several shipments, either the expected dates
of each shipment or, if this is not known, the expected frequency of
the shipments will be required.
4/ Information to be provided
on relevant insurance requirements and how they are met by exporter,
carrier and disposer.
5/ The nature and the
concentration of the most hazardous components, in terms of toxicity
and other dangers presented by the waste both in handling and in
relation to the proposed disposal method.
6/ In the case of a general
notification covering several shipments, both the estimated total
quantity and the estimated quantities for each individual shipment
will be required.
7/ Insofar as this is
necessary to assess the hazard and determine the appropriateness of
the proposed disposal operation.
Annex V B
INFORMATION TO
BE PROVIDED ON THE MOVEMENT DOCUMENT
1. Exporter of the waste 1/
2. Generator(s) of the waste and site
of generation 1/
3. Disposer of the waste and actual
site of disposal 1/
4. Carrier(s) of the waste 1/
or his agent(s)
5. Subject of general or single
notification
6. The date the transboundary
movement started and date(s) and signature on receipt by each person
who takes charge of the waste
7. Means of transport (road, rail,
inland waterway, sea, air) including countries of export, transit
and import, also point of entry and exit where these have been
designated
8. General description of the waste
(physical state, proper UN shipping name and class, UN number, Y
number and H number as applicable)
9. Information on special handling
requirements including emergency provision in case of accidents
10. Type and number of packages
11. Quantity in weight/volume
12. Declaration by the generator or
exporter that the information is correct
13. Declaration by the generator or
exporter indicating no objection from the competent authorities of
all States concerned which are Parties
14. Certification by disposer of
receipt at designated disposal facility and indication of method of
disposal and of the approximate date of disposal.
Notes
The information required on the
movement document shall where possible be integrated in one document
with that required under transport rules. Where this is not possible
the information should complement rather than duplicate that
required under the transport rules. The movement document shall
carry instructions as to who is to provide information and fill-out
any form.
1/ Full name and address, telephone
or telefax number and the name, address, telephone, telex or telefax
number of the person to be contacted in case of emergency.
Annex
VI
ARBITRATION
Article 1
Unless the agreement referred to in
Article 20 of the Convention provides otherwise, the arbitration
procedure shall be conducted in accordance with Articles 2 to 10
below.
Article 2
The claimant party shall notify the
Secretariat that the Parties have agreed to submit the dispute to
arbitration pursuant to paragraph 2 or paragraph 3 of Article 20 and
include, in particular, the Articles of the Convention the
interpretation or application of which are at issue. The Secretariat
shall forward the information thus received to all Parties to the
Convention.
Article 3
The arbitral tribunal shall consist
of three members. Each of the Parties to the dispute shall appoint
an arbitrator, and the two arbitrators so appointed shall designate
by common agreement the third arbitrator, who shall be the chairman
of the tribunal. The latter shall not be a national of one of the
Parties to the dispute, nor have his usual place of residence in the
territory of one of these Parties, nor be employed by any of them,
nor have dealt with the case in any other capacity.
Article 4
1. If the chairman of the arbitral
tribunal has not been designated within two months of the
appointment of the second arbitrator, the Secretary-General of the
United Nations shall, at the request of either Party, designate him
within a further two months period.
2. If one of the Parties to the
dispute does not appoint an arbitrator within two months of the
receipt of the request, the other Party may inform the
Secretary-General of the United Nations who shall designate the
chairman of the arbitral tribunal within a further two months'
period. Upon designation, the chairman of the arbitral tribunal
shall request the Party which has not appointed an arbitrator to do
so within two months. After such period, he shall inform 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 of 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.
Annex VII
Annex VII is not yet into force.
Annex VII is an integral part of Amendment. It was adopted in 1995
by Decision III/1 which amended the Basel Convention.(3)
Annex VIII
LIST A
Wastes contained 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.
A1 Metal and metal-bearing wastes
A1010 Metal wastes and waste
consisting of alloys of any of the following:
• Antimony
• Arsenic
• Beryllium
• Cadmium
• Lead
• Mercury
• Selenium
• Tellurium
• Thallium
but excluding such wastes
specifically listed on list B.
A1020 Waste having as constituents or
contaminants, excluding metal waste in massive form, any of the
following:
• Antimony; antimony compounds
• Beryllium; beryllium compounds
• Cadmium; cadmium compounds
• Lead; lead compounds
• Selenium; selenium compounds
• Tellurium; tellurium compounds
A1030 Wastes having as constituents
or contaminants any of the following:
• Arsenic; arsenic compounds
• Mercury; mercury compounds.
• Thallium; thallium compounds
A1040 Wastes having as constituents
any of the following:
• Metal carbonyls
• Hexavalent chromium compounds
A1050 Galvanic sludges
A1060 Waste liquors from the pickling
of metals
A1070 Leaching residues from zinc
processing, dust and sludges such as jarosite, hematite, etc.
A1080 Waste zinc residues not
included on list B, containing lead and cadmium in concentrations
sufficient to exhibit Annex III characteristics
A1090 Ashes from the incineration of
insulated copper wire
A1100 Dusts and residues from gas
cleaning systems of copper smelters
A1110 Spent electrolytic solutions
from copper electrorefining and electrowinning operations
A1120 Waste sludges, excluding anode
slimes, from electrolyte purification systems in copper
electrorefining and electrowinning operations
A1130 Spent etching solutions
containing dissolved copper
A1140 Waste cupric chloride and
copper cyanide catalysts
A1150 Precious metal ash from
incineration of printed circuit boards not included on list B(4)
A1160 Waste lead-acid batteries,
whole or crushed
A1170 Unsorted waste batteries
excluding mixtures of only list B batteries. Waste batteries not
specified on list B containing Annex I constituents to an extent to
render them hazardous.
A1180 Waste electrical and electronic
assemblies or scrap(5) containing
components such as accumulators and other batteries included on list
A, mercury-switches, glass from cathode-ray tubes and other
activated glass and PCB-capacitors, or contaminated with Annex I
constituents (e.g., cadmium, mercury, lead, polychlorinated
biphenyl) to an extent that they possess any of the characteristics
contained in Annex III (note the related entry on list B B1110)(6)
A2 Wastes containing principally
inorganic constituents, which may contain metals and organic
materials
A2010 Glass waste from cathode-ray
tubes and other activated glasses
A2020 Waste inorganic fluorine
compounds in the form of liquids or sludges but excluding such
wastes specified on list B
A2030 Waste catalysts but excluding
such wastes specified on list B
A2040 Waste gypsum arising from
chemical industry processes, when containing Annex I constituents to
the extent that it exhibits an Annex III hazardous characteristic
(note the related entry on list B B2080)
A2050 Waste asbestos (dusts and
fibres)
A2060 Coal-fired power plant fly-ash
containing Annex I substances in concentrations sufficient to
exhibit Annex III characteristics (note the related entry on list B
B2050)
A3 Wastes containing principally
organic constituents, which may contain metals and inorganic
materials
A3010 Waste from the production or
processing of petroleum coke and bitumen
A3020 Waste mineral oils unfit for
their originally intended use
A3030 Wastes that contain, consist of
or are contaminated with leaded anti-knock compound sludges
A3040 Waste thermal (heat transfer)
fluids
A3050 Wastes from production,
formulation and use of resins, latex, plasticizers, glues/adhesives
excluding such wastes specified on list B (note the related entry on
list B B4020)
A3060 Waste nitrocellulose
A3070 Waste phenols, phenol compounds
including chlorophenol in the form of liquids or sludges
A3080 Waste ethers not including
those specified on list B
A3090 Waste leather dust, ash,
sludges and flours when containing hexavalent chromium compounds or
biocides (note the related entry on list B B3100)
A3100 Waste paring and other waste of
leather or of composition leather not suitable for the manufacture
of leather articles containing hexavalent chromium compounds or
biocides (note the related entry on list B B3090)
A3110 Fellmongery wastes containing
hexavalent chromium compounds or biocides or infectious substances
(note the related entry on list B B3110)
A3120 Fluff - light fraction from
shredding
A3130 Waste organic phosphorous
compounds
A3140 Waste non-halogenated organic
solvents but excluding such wastes specified on list B
A3150 Waste halogenated organic
solvents
A3160 Waste halogenated or
unhalogenated non-aqueous distillation residues arising from organic
solvent recovery operations
A3170 Wastes arising from the
production of aliphatic halogenated hydrocarbons (such as
chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride,
allyl chloride and epichlorhydrin)
A3180 Wastes, substances and articles
containing, consisting of or contaminated with polychlorinated
biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated
naphthalene (PCN) or polybrominated biphenyl (PBB), or any other
polybrominated analogues of these compounds, at a concentration
level of 50 mg/kg or more(7)
A3190 Waste tarry residues (excluding
asphalt cements) arising from refining, distillation and any
pyrolitic treatment of organic materials
A4 Wastes which may contain either
inorganic or organic constituents
A4010 Wastes from the production,
preparation and use of pharmaceutical products but excluding such
wastes specified on list B
A4020 Clinical and related wastes;
that is wastes arising from medical, nursing, dental, veterinary, or
similar practices, and wastes generated in hospitals or other
facilities during the investigation or treatment of patients, or
research projects
A4030 Wastes from the production,
formulation and use of biocides and phytopharmaceuticals, including
waste pesticides and herbicides which are off-specification,
outdated,(8) or unfit for their
originally intended use
A4040 Wastes from the manufacture,
formulation and use of wood-preserving chemicals(9)
A4050 Wastes that contain, consist of
or are contaminated with any of the following:
• Inorganic cyanides, excepting
precious-metal-bearing residues in solid form containing traces of
inorganic cyanides
• Organic cyanides
A4060 Waste oils/water,
hydrocarbons/water mixtures, emulsions
A4070 Wastes from the production,
formulation and use of inks, dyes, pigments, paints, lacquers,
varnish excluding any such waste specified on list B (note the
related entry on list B B4010)
A4080 Wastes of an explosive nature
(but excluding such wastes specified on list B)
A4090 Waste acidic or basic
solutions, other than those specified in the corresponding entry on
list B (note the related entry on list B B2120)
A4100 Wastes from industrial
pollution control devices for cleaning of industrial off-gases but
excluding such wastes specified on list B
A4110 Wastes that contain, consist of
or are contaminated with any of the following:
• Any congenor of polychlorinated
dibenzo-furan
• Any congenor of polychlorinated
dibenzo-dioxin
A4120 Wastes that contain, consist of
or are contaminated with peroxides
A4130 Waste packages and containers
containing Annex I substances in concentrations sufficient to
exhibit Annex III hazard characteristics
A4140 Waste consisting of or
containing off specification or outdated(10)
chemicals corresponding to Annex I categories and exhibiting Annex
III hazard characteristics
A4150 Waste chemical substances
arising from research and development or teaching activities which
are not identified and/or are new and whose effects on human health
and/or the environment are not known
A4160 Spent activated carbon not
included on list B (note the related entry on list B B2060)
Annex IX
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.
B1 Metal and metal-bearing wastes
B1010 Metal and metal-alloy wastes in
metallic, non-dispersible form:
• Precious metals (gold, silver,
the platinum group, but not mercury)
• Iron and steel scrap
• Copper scrap
• Nickel scrap
• Aluminium scrap
• Zinc scrap
• Tin scrap
• Tungsten scrap
• Molybdenum scrap
• Tantalum scrap
• Magnesium scrap
• Cobalt scrap
• Bismuth scrap
• Titanium scrap
• Zirconium scrap
• Manganese scrap
• Germanium scrap
• Vanadium scrap
• Scrap of hafnium, indium,
niobium, rhenium and gallium
• Thorium scrap
• Rare earths scrap
B1020 Clean, uncontaminated metal
scrap, including alloys, in bulk finished form (sheet, plate, beams,
rods, etc), of:
• Antimony scrap
• Beryllium scrap
• Cadmium scrap
• Lead scrap (but excluding
lead-acid batteries)
• Selenium scrap
• Tellurium scrap
B1030 Refractory metals containing
residues
B1040 Scrap assemblies from
electrical power generation not contaminated with lubricating oil,
PCB or PCT to an extent to render them hazardous
B1050 Mixed non-ferrous metal, heavy
fraction scrap, not containing Annex I materials in concentrations
sufficient to exhibit Annex III characteristics(11)
B1060 Waste selenium and tellurium in
metallic elemental form including powder
B1070 Waste of copper and copper
alloys in dispersible form, unless they contain Annex I constituents
to an extent that they exhibit Annex III characteristics
B1080 Zinc ash and residues including
zinc alloys residues in dispersible form unless containing Annex I
constituents in concentration such as to exhibit Annex III
characteristics or exhibiting hazard characteristic H4.3(12)
B1090 Waste batteries conforming to a
specification, excluding those made with lead, cadmium or mercury
B1100 Metal-bearing wastes arising
from melting, smelting and refining of metals:
• Hard zinc spelter
• Zinc-containing drosses:
- Galvanizing slab zinc top dross
(>90% Zn)
- Galvanizing slab zinc bottom dross
(>92% Zn)
- Zinc die casting dross (>85% Zn)
- Hot dip galvanizers slab zinc dross
(batch)(>92% Zn)
- Zinc skimmings
• Aluminium skimmings (or skims)
excluding salt slag
• Slags from copper processing for
further processing or refining not containing arsenic, lead or
cadmium to an extend that they exhibit Annex III hazard
characteristics
• Wastes of refractory linings,
including crucibles, originating from copper smelting
• Slags from precious metals
processing for further refining
• Tantalum-bearing tin slags with
less than 0.5% tin
B1110 Electrical and electronic
assemblies:
• Electronic assemblies consisting
only of metals or alloys
• Waste electrical and electronic
assemblies or scrap(13) (including
printed circuit boards) not containing components such as
accumulators and other batteries included on list A,
mercury-switches, glass from cathode-ray tubes and other activated
glass and PCB-capacitors, or not contaminated with Annex I
constituents (e.g., cadmium, mercury, lead, polychlorinated
biphenyl) or from which these have been removed, to an extent that
they do not possess any of the characteristics contained in Annex
III (note the related entry on list A A1180)
• Electrical and electronic
assemblies (including printed circuit boards, electronic components
and wires) destined for direct reuse,(14)
and not for recycling or final disposal(15)
B1120 Spent catalysts excluding
liquids used as catalysts, containing any of:
|
Transition metals, excluding
waste catalysts (spent catalysts, liquid used catalysts or
other catalysts) on list A:
|
Scandium
Vanadium
Manganese
Cobalt
Copper
Yttrium
Niobium
Hafnium
Tungsten
|
Titanium
Chromium
Iron
Nickel
Zinc
Zirconium
Molybdenum
Tantalum
Rhenium
|
|
Lanthanides (rare earth
metals):
|
Lanthanum
Praseodymium
Samarium
Gadolinium
Dysprosium
Erbium
Ytterbium
|
Cerium
Neody
Europium
Terbium
Holmium
Thulium
Lutetium
|
B1130 Cleaned spent
precious-metal-bearing catalysts
B1140 Precious-metal-bearing residues
in solid form which contain traces of inorganic cyanides
B1150 Precious metals and alloy
wastes (gold, silver, the platinum group, but not mercury) in a
dispersible, non-liquid form with appropriate packaging and
labelling
B1160 Precious-metal ash from the
incineration of printed circuit boards (note the related entry on
list A A1150)
B1170 Precious-metal ash from the
incineration of photographic film
B1180 Waste photographic film
containing silver halides and metallic silver
B1190 Waste photographic paper
containing silver halides and metallic silver
B1200 Granulated slag arising from
the manufacture of iron and steel
B1210 Slag arising from the
manufacture of iron and steel including slags as a source of TiO2
and vanadium
B1220 Slag from zinc production,
chemically stabilized, having a high iron content (above 20%) and
processed according to industrial specifications (e.g., DIN 4301)
mainly for construction
B1230 Mill scaling arising from the
manufacture of iron and steel
B1240 Copper oxide mill-scale
B2 Wastes containing principally
inorganic constituents, which may contain metals and organic
materials
B2010 Wastes from mining operations
in non-dispersible form:
• Natural graphite waste
• Slate waste, whether or not
roughly trimmed or merely cut, by sawing or otherwise
• Mica waste
• Leucite, nepheline and nepheline
syenite waste
• Feldspar waste
• Fluorspar waste
• Silica wastes in solid form
excluding those used in foundry operations
B2020 Glass waste in non-dispersible
form:
• Cullet and other waste and scrap
of glass except for glass from cathode-ray tubes and other activated
glasses
B2030 Ceramic wastes in
non-dispersible form:
• Cermet wastes and scrap (metal
ceramic composites)
• Ceramic based fibres not
elsewhere specified or included
B2040 Other wastes containing
principally inorganic constituents:
• Partially refined calcium
sulphate produced from flue-gas desulphurization (FGD)
• Waste gypsum wallboard or
plasterboard arising from the demolition of buildings
• Slag from copper production,
chemically stabilized, having a high iron content (above 20%) and
processed according to industrial specifications (e.g., DIN 4301 and
DIN 8201) mainly for construction and abrasive applications
• Sulphur in solid form
• Limestone from the production of
calcium cyanamide (having a pH less than 9)
• Sodium, potassium, calcium
chlorides
• Carborundum (silicon carbide)
• Broken concrete
• Lithium-tantalum and
lithium-niobium containing glass scraps
B2050 Coal-fired power plant fly-ash,
not included on list A (note the related entry on list A A2060)
B2060 Spent activated carbon
resulting from the treatment of potable water and processes of the
food industry and vitamin production (note the related entry on list
A A4160)
B2070 Calcium fluoride sludge
B2080 Waste gypsum arising from
chemical industry processes not included on list A (note the related
entry on list A A2040)
B2090 Waste anode butts from steel or
aluminium production made of petroleum coke or bitumen and cleaned
to normal industry specifications (excluding anode butts from chlor
alkali electrolyses and from metallurgical industry)
B2100 Waste hydrates of aluminium and
waste alumina and residues from alumina production excluding such
materials used for gas cleaning, flocculation or filtration
processes
B2110 Bauxite residue ("red
mud") (pH moderated to less than 11.5)
B2120 Waste acidic or basic solutions
with a pH greater than 2 and less than 11.5, which are not corrosive
or otherwise hazardous (note the related entry on list A A4090)
B3 Wastes containing principally
organic constituents, which may contain metals and inorganic
materials
B3010 Solid plastic waste:
The following plastic or mixed
plastic materials, provided they are not mixed with other wastes and
are prepared to a specification:
• Scrap plastic of non-halogenated
polymers and co-polymers, including but not limited to the following(16):
- ethylene
- styrene
- polypropylene
- polyethylene terephthalate
- acrylonitrile
- butadiene
- polyacetals
- polyamides
- polybutylene terephthalate
- polycarbonates
- polyethers
- polyphenylene sulphides
- acrylic polymers
- alkanes C10-C13 (plasticiser)
- polyurethane (not containing CFCs)
- polysiloxanes
- polymethyl methacrylate
- polyvinyl alcohol
- polyvinyl butyral
- polyvinyl acetate
• Cured waste resins or
condensation products including the following:
- urea formaldehyde
resins
- phenol formaldehyde
resins
- melamine formaldehyde resins
- epoxy resins
- alkyd resins
- polyamides
• The following fluorinated polymer
wastes(17)
- perfluoroethylene/propylene (FEP)
- perfluoroalkoxy alkane (PFA)
- perfluoroalkoxy alkane (MFA)
- polyvinylfluoride (PVF)
- polyvinylidenefluoride (PVDF)
B3020 Paper, paperboard and paper
product wastes
The following materials, provided
they are not mixed with hazardous wastes:
Waste and scrap of paper or
paperboard of:
• unbleached paper or paperboard or
of corrugated paper or paperboard
• other paper or paperboard, made
mainly of bleached chemical pulp, not coloured in the mass
• paper or paperboard made mainly
of mechanical pulp (for example, newspapers, journals and similar
printed matter)
• other, including but not limited
to 1) laminated paperboard 2) unsorted scrap.
B3030 Textile wastes
The following materials, provided
they are not mixed with other wastes and are prepared to a
specification:
• Silk waste (including cocoons
unsuitable for reeling, yarn waste and garnetted stock)
- not carded or combed
- other
• Waste of wool or of fine or
coarse animal hair, including yarn waste but excluding garnetted
stock
- noils of wool or of fine animal
hair
- other waste of wool or of fine
animal hair
- waste of coarse animal hair
• Cotton waste (including yarn
waste and garnetted stock)
- yarn waste (including thread waste)
- garnetted stock
- other
• Flax tow and waste
• Tow and waste (including yarn
waste and garnetted stock) of true hemp (Cannabis sativa L.)
• Tow and waste (including yarn
waste and garnetted stock) of jute and other textile bast fibres
(excluding flax, true hemp and ramie)
• Tow and waste (including yarn
waste and garnetted stock) of sisal and other textile fibres of the
genus Agave
• Tow, noils and waste (including
yarn waste and garnetted stock) of coconut
• Tow, noils and waste (including
yarn waste and garnetted stock) of abaca (Manila hemp or Musa
textilis Nee)
• Tow, noils and waste (including
yarn waste and garnetted stock) of ramie and other vegetable textile
fibres, not elsewhere specified or included
• Waste (including noils, yarn
waste and garnetted stock) of man-made fibres
- of synthetic fibres
- of artificial fibres
• Worn clothing and other worn
textile articles
• Used rags, scrap twine, cordage,
rope and cables and worn out articles of twine, cordage, rope or
cables of textile materials
- sorted
- other
B3040 Rubber wastes
The following materials, provided
they are not mixed with other wastes:
• Waste and scrap of hard rubber
(e.g., ebonite)
• Other rubber wastes (excluding
such wastes specified elsewhere)
B3050 Untreated cork and wood waste:
• Wood waste and scrap, whether or
not agglomerated in logs, briquettes, pellets or similar forms
• Cork waste: crushed, granulated
or ground cork
B3060 Wastes arising from agro-food
industries provided it is not infectious:
• Wine lees
• Dried and sterilized vegetable
waste, residues and byproducts, whether or not in the form of
pellets, of a kind used in animal feeding, not elsewhere specified
or included
• Degras: residues resulting from
the treatment of fatty substances or animal or vegetable waxes
• Waste of bones and horn-cores,
unworked, defatted, simply prepared (but not cut to shape), treated
with acid or degelatinised
• Fish waste
• Cocoa shells, husks, skins and
other cocoa waste
• Other wastes from the agro-food
industry excluding by-products which meet national and international
requirements and standards for human or animal consumption
B3070 The following wastes:
• Waste of human hair
• Waste straw
• Deactivated fungus mycelium from
penicillin production to be used as animal feed
B3080 Waste parings and scrap of
rubber
B3090 Paring and other wastes of
leather or of composition leather not suitable for the manufacture
of leather articles, excluding leather sludges, not containing
hexavalent chromium compounds and biocides (note the related entry
on list A A3100)
B3100 Leather dust, ash, sludges or
flours not containing hexavalent chromium compounds or biocides
(note the related entry on list A A3090)
B3110 Fellmongery wastes not
containing hexavalent chromium compounds or biocides or infectious
substances (note the related entry on list A A3110)
B3120 Wastes consisting of food dyes
B3130 Waste polymer ethers and waste
non-hazardous monomer ethers incapable of forming peroxides
B3140 Waste pneumatic tyres,
excluding those destined for Annex IVA operations
B4 Wastes which may contain either
inorganic or organic constituents
B4010 Wastes consisting mainly of
water-based/latex paints, inks and hardened varnishes not containing
organic solvents, heavy metals or biocides to an extent to render
them hazardous (note the related entry on list A A4070)
B4020 Wastes from production,
formulation and use of resins, latex, plasticizers, glues/adhesives,
not listed on list A, free of solvents and other contaminants to an
extent that they do not exhibit Annex III characteristics, e.g.,
water-based, or glues based on casein starch, dextrin, cellulose
ethers, polyvinyl alcohols (note the related entry on list A A3050)
B4030 Used single-use cameras, with
batteries not included on list A
Footnotes
1. Characterization of wastes: ….
2. Corresponds to
the hazard classification system included in the United Nations
Recommendations on the Transport of Dangerous Goods (ST/SG/AC.10/1Rev.5,
United Nations, New York, 1988)
3. Decision III/1
(AMENDMENT TO THE BASEL CONVENTION)
The Conference,
Decides to adopt the following amendment to the Convention:
"Insert new preambular paragraph 7 bis:
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;
Insert new Article 4A:
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(I)(a) of the Convention which are
destined for operations according to Annex IV B to States not listed
in Annex VII. Such transboundary movement shall not be prohibited
unless the wastes in question are characterised as hazardous under
the Convention.
Annex VII
Parties and other States which are members of OECD, EC,
Liechtenstein"
4. Note that mirror entry on list B
(B1160) does not specify exceptions.
5. This entry does
not include scrap assemblies from electric power generation.
6. PCBs are at a
concentration level of 50 mg/kg or more.
7. The 50 mg/kg
level is considered to be an internationally practical level for all
wastes. However, many individual countries have established lower
regulatory levels (e.g., 20 mg/kg) for specific wastes.
8. "Outdated"
means unused within the period recommended by the manufacturer.
9. This entry does
not include wood treated with wood preserving chemicals.
10. "Outdated"
means unused within the period recommended by the manufacturer.
11. Note that
even where low level contamination with Annex I materials initially
exists, subsequent processes, including recycling processes, may
result in separated fractions containing significantly enhanced
concentrations of those Annex I materials.
12. The status of
zinc ash is currently under review and there is a recommendation
with the United Nations Conference on Trade and Development (UNCTAD)
that zinc ashes should not be dangerous goods.
13. This entry
does not include scrap from electrical power generation.
14. Reuse can
include repair, refurbishment or upgrading, but not major reassembly.
15. In some
countries these materials destined for direct re-use are not
considered wastes.
16. It is
understood that such scraps are completely polymerized.
17. -
Post-consumer wastes are excluded from this entry
- Wastes shall not be mixed
- Problems arising from open-burning
practices to be considered.
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