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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