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Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa (1991)
Organization of African Unity
copy @ Lex Mercatoria
For the purpose of this Convention:
1. "Wastes" are substances or materials 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. "Hazardous wastes" means wastes as specified in Article 2 of this Convention;
3. "Management" means the prevention and reduction of hazardous wastes and the collection, transport, storage, and treatment either for the reuse or disposal, of hazardous wastes including after-care of disposal sites;
4. "Transboundary movement" means any movement of hazardous wastes from an area under the national jurisdiction of any 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 another State, provided at least two States are involved in the movement;
5. "Clean production methods" means production or industrial systems which avoid, or eliminate the generation of hazardous wastes and hazardous products in conformity with Article 4, section 3(f) and (g) of this Convention;
6. "Disposal" means any operation specified in Annex III to this Convention;
7. "Approved site or facility" means a site or facility for the disposal of hazardous wastes which is authorised or permitted to operate for this purpose by a relevant author-ity of the State where the site or facility is located;
8. "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 and any information related to it, and for responding to such a notification, as provided in Article 6 of this Convention;
9. "Focal point" means the entity of a Party referred to in Article 5 of this Convention responsible for receiving and submitting information as provided for in Articles 13 and 16;
10. "Environmentally sound management of hazardous wastes" means taking all practicable steps to ensure that hazardous wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes;
11. "Area under the national jurisdiction of a State" means any land, marine area or airspace within which a State exercises administrative and regulatory responsibility in accordance with international law in regard to the protection of human health or the environment;
12. "State of export" means a Party from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated;
13. "State of import" means a State to which a transboundary movement 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;
14. "State of transit" means any State, other than the State of export or import, through which a movement of hazardous wastes is planned or takes place;
15. "States concerned" means States of export or import, or transit states, whether or not Parties;
16. "Person" means any natural or legal person;
17. "Exporter" means any person under the jurisdiction of the State of export who arranges for hazardous wastes to be exported;
18. "Importer" means any person under the jurisdiction of the State of import who arranges for hazardous wastes to be imported;
19. "Carrier" means any person who carries out the transport of hazardous wastes;
20. "Generator" means any person whose activity produces hazardous wastes, or, if that person is not known, the person who is in possession and/or control of those wastes;
21. "Disposer" means any person to whom hazardous wastes are shipped and who carries out the disposal of such wastes;
22. "Illegal traffic" means any transboundary movement of hazardous wastes as specified in Article 9 of this Convention;
23. "Dumping at sea" means the deliberate disposal of hazardous wastes at sea from vessels, aircraft, platforms or other man-made structures at sea, and includes ocean incineration and disposal into the seabed and sub-seabed.
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