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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)

Preamble

Article 1 - Definitions

Article 2 - Scope of the Convention

Article 3 - National Definitions of Hazardous Wastes

Article 4 - General Obligations

1. Hazardous Waste Import Ban
2. Ban on Dumping of Hazardous Wastes at Sea and Internal Waters
3. Waste Generation in Africa Each Party shall:
The Adoption of Precautionary Measures:
4. Furthermore

Article 5 - Designation of Competent Authorities, Focal Point and Dumpwatch

Article 6 - Transboundary Movement and Notification Procedures

Article 7 - Transboundary Movement from a Party through States which are not Parties

Article 8 - Duty to Re-import

Article 9 - Illegal traffic

Article 10 - Intra-African Co-operation

Article 11 - International Co-operation: Bilateral, Multilateral and Regional Agreements

Article 12 - Liabilities and Compensation

Article 13 - Transmission of Information

Article 14 - Financial Aspects

Article 15 - Conference of the Parties

Article 16 - Secretariat

Article 17 - Amendment of the Convention and of Protocols

Amendment of Protocols to this Convention
General Provisions

Article 18 - Adoption and Amendment of Annexes

Article 19 - Verification

Article 20 - Settlement of Disputes

Article 21 - Signature

Article 22 - Ratification, Acceptance, Formal Confirmation or Approval

Article 23 - Accession

Article 24 - Right to Vote

Article 25 - Entry into Force

Article 26 - Reservations and Declarations

Article 27 - Withdrawal

Article 28 - Depository

Article 29 - Registration

Article 30 - Authentic Texts

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

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

Bamako Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa (1991)

Article 9 - Illegal traffic

1. For the purpose of this Convention, any transboundary movement of hazardous wastes under the following situations shall be deemed to be illegal traffic:

(a) if carried out without notification, pursuant to the provisions of this Convention, to all States concerned; or

(b) if carried out without the consent, pursuant to the provisions of this Convention, of a State concerned; or

(c) if consent is obtained from States concerned through falsification, misrepresentation or fraud; or

(d) if it does not conform in a material way with the documents; or

(e) if it results in deliberate disposal of hazardous wastes in contravention of this Convention and of general principles of international law.

2. Each Party shall introduce appropriate national legislation for imposing criminal penalties on all persons who have planned, committed, or assisted in such illegal imports. Such penalties shall be sufficiently high to both punish and deter such conduct.

3. In case of a transboundary movement of hazardous 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 taken back by the exporter or generator or if necessary by itself into the State of export, within 30 days from the time the State of export has been informed about the illegal traffic. To this end the Parties concerned shall not oppose, hinder or prevent the return of those wastes to the State of export and appropriate legal action shall be taken against the contravener(s).

4. In the case of a transboundary movement of hazardous wastes deemed to be illegal traffic as the result of conduct on the, part of the importer or disposer, the Party of import shall ensure that the wastes in question are returned to the exporter by the importer and that legal proceedings according to the provisions of this Convention are taken against the contravener(s).


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