1

Basel Convention on the Control of Transboundary Movement of

Hazardous Wastes and Their Disposal

Brief backgroundThe Convention

Implementation actorsThe CP linkage

Case study

Basel Convention (1989)

A global legal instrument on the control of transboundary movement of hazardous wastes and their disposal

Brief background:– late 80’s: tightening of environmental

legislation in industrialized countries led to a rise in the cost of hazardous waste disposal

– search for cheaper disposal of waste resulted in shipment of hazardous waste to developing countries and Eastern Europe

– international concern Basel Convention

Basel Convention Objectives

Reduce transboundary movement of hazardous wastes

Minimise the creation of such wastes

Prohibit their shipment to countries lacking the capacity to dispose of hazardous waste in an environmentally-sound manner

Basel Convention: The First Decade (1989-1999) Framework for controlling

transboundary movements of hazardous wastes

Control system (based on prior written notification)

Developed criteria for “environmentally sound management (ESM)”

Environmentally Sound Management (ESM) “...taking of 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.”

Key principles: Prevention and minimisation of generation of wastes ( = CP mandate)

Requires capacity building, policy reforms and promotion and use of cleaner technologies and production methods

Basel Convention Affiliated Instruments Amendment on the Control of

Transboundary Movements of Hazardous Wastes and their Disposal (“Basel Ban”)

– Objective: ban exports of hazardous wastes for final disposal, recovery, or recycling from States listed in Annex VII (mainly OECD countries) to States not listed in Annex VII (mainly non-OECD countries)

– 62 ratification needed to enter into force, 41 ratified as of Oct 2003 (incl. Sri Lanka, Romania, Trinidad)

– Main argument for disagreement from opposing countries (such as Australia, USA, Canada): GATT-inconsistent and trade-disruptive

Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal

– Objective: provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring because of illegal traffic

– 20 ratifications needed to enter into force; 14 as of Oct 2003

Basel Convention Affiliated Instruments (cont’d)

The Basel Ministerial Declaration on Environmentally Sound Management of Hazardous Wastes

– Adopted at COP-5 (Dec 1999)– Outlines main areas of focus during the

next decade

Basel Convention Affiliated Instruments

The Basel Convention:Next Decade (2000-2010) Priorities Partnerships to increase co-operation and

strategic alliances Environmentally sound management and

active promotion and use of cleaner technologies and production methods

Further reduction of the movement of hazardous and other wastes

Prevention and monitoring of illegal traffic Improvement of institutional and

technical capabilities - - especially for developing and EIT countries

Further development of regional and subregional centres for training and technology transfer

Implementation Actors Conference of the Parties (COP) Expanded bureau Working groups The Secretariat The Committee on Partnership with

industry Basel Convention Regional Centers

(BCRCs) National competent authority and

focal points

Basel Convention Regional Centers (BCRCs)

Regional Centres for Training and Technology Transfer

Provide guidance on technical, technological issues, legal issues as well as advice on enforcement aspects of the Basel Convention and related Conventions like Stockholm, Rotterdam and Montreal Protocol.

Encourage the introduction of CP technologies

Encourage the use of environmentally sound management practices

Enhancement of information exchange, education and awareness-raising

El Salvador

Trinidad &Tobago

Uruguay

Argentina

South Africa

Nigeria

Senegal Egypt

Slovak Republic

Russian Federation

China

Indonesia

India

Basel Convention Regional Centers (BCRCs)

The CP Linkage

Cleaner Production practitioners can: help create links from the Convention to

private sector invite the Basel Convention implementation

actors (BCRCs) to participate in the existing Cleaner Production partnerships

assist in creating multi-stakeholder dialogue promote UNEP Cleaner Production

Declaration as a way to strengthen commitments

The CP Linkage:Capacity Building and ESM Cleaner Production practitioners can: Promote existing relevant Cleaner Production

guidelines and manuals for tackling priority waste streams. Develop new materials tailored to the needs of the Convention

Offer knowledge of the information sources on ESM for the relevant waste streams

Conduct demonstration projects for ESM in your countries in the priority waste generating sectors

Conduct training on ESM tailored to local conditions

Provide technical assistance services Provide policy advice and lobby for Cleaner

Production policies and legislation in your country

Explore Opportunities

What are your country’s obligations under the Convention?

What are the priority waste streams and industry sectors?

What kind of expertise/services do you have to offer in regard to implementing priorities?

What kind of necessary expertise/services you can obtain from the CPCs and international Cleaner Production network?

What kind of financial assistance can be accessed to qualify for to implement projects under the Convention?

Develop Action Plan Collect information Define competitive advantages

– experience of work in the priority sectors, existence of developed methodologies for addressing the priority waste streams, successful training initiatives, trust of the main industry actors,etc.

Organise meetings/seminars/workshops– co-ordinate with the Convention implementation

bodies to exchange information and experiences Develop joint projects and training

programs– relate to national priorities under the Convention

Explore funding opportunities – obtain financing

CP and Basel

Strengthen link between the private sector and the Convention

Include Basel implementation actors in CP partnerships

Joint training on environmentally sound management

Join forces in implementation projects

Cooperation in national reporting