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Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal (1989)

Preamble

Article 1 - Scope of the Convention

Article 2 - Definitions

Article 3 - National Definitions of Hazardous Wastes

Article 4 - General Obligations

Article 5 - Designation of Competent Authorities and Focal Point

Article 6 - Transboundary Movement between Parties

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 - International Co-operation

Article 11 - Bilateral, Multilateral and Regional Agreements

Article 12 - Consultations on Liability

Article 13 - Transmission of Information

Article 14 - Financial Aspects

Article 15 - Conference of the Parties

Article 16 - Secretariat

Article 17 - Amendment of the Convention

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 - Authentic Texts

Annex 1 - Categories Of Wastes To Be Controlled

Waste Streams:
Wastes Having as Constituents:

Annex II - Categories Of Wastes Requiring Special Consideration

Annex III - List Of Hazardous Characteristics

Tests

Annex IV - Disposal Operations

Annex V A - Information To Be Provided On Notification

Annex VB - Information To Be Provided On The Movement Document

Annex VI - Arbitration

Article l
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal (1989)

United Nations (UN)

copy @ Lex Mercatoria

Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal (1989)

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 others 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 questions 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.


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