Basel
Convention on the Control of
Transboundary Movements
of Hazardous Wastes and their Disposal
(Basel, 22 March 1989) and Amendment (Geneva,
22 September 1995)
OBJECTIVES
The Basel Convention is the
response of the international community to the problems caused by the annual
worldwide production of hundreds of millions of tons of hazardous wastes. These
wastes are hazardous to people and the environment because they are toxic,
poisonous, explosive, corrosive, flammable, eco-toxic, or infectious.
The Convention strictly regulates the
transboundary movements of hazardous wastes and obliges Parties to ensure that
such wastes are managed and disposed of in an environmentally sound manner. The
main principles of the Basel Convention are:
KEY
PROVISIONS
In order to achieve these
principles, the Convention aims to control the transboundary movement of
hazardous wastes, monitor and prevent illegal traffic, provide assistance for
the environmentally sound management of hazardous wastes, promote cooperation
between Parties in this field, and develop technical guidelines for the
management of hazardous wastes.
The Convention sets out a number of general obligations for Parties.
These obligations include taking the appropriate measures to reduce
hazardous wastes to a minimum; ensuring the availability of adequate disposal
facilities; ensuring that persons involved in the management of hazardous wastes
take the necessary steps to prevent pollution and minimize its consequences;
reducing the transboundary movement of hazardous wastes to the minimum
consistent with the environmentally sound and efficient management of such
wastes; prohibiting the export of such wastes to States Parties, especially
developing countries, which have prohibited by their legislation imports of such
wastes or which have reason to believe that the wastes will not be managed in an
environmentally sound manner; and preventing the import of hazardous wastes if
it has reason to believe that the wastes will not be managed in an
environmentally sound manner.
Under the Convention, transboundary movements of hazardous wastes or
other wastes can take place only upon prior written notification by the State of
export to the competent authorities of the States of import and the transit (if
appropriate). Each shipment of hazardous waste or other waste must be
accompanied by a movement document from the point at which a transboundary
movement begins to the point of disposal. Hazardous waste shipments made without
such documents are illegal. In addition, there are outright bans on the export
of these wastes to certain countries. Transboundary movements can take place,
however, if the State of export does not have the capability of managing or
disposing of the hazardous waste in an environmentally sound manner.
The Convention also defines illegal traffic of hazardous wastes and deems
such activity to be criminal. It
obliges Parties to take appropriate legal, administrative and other measures to
implement and enforce the provisions of the Convention, including measures to
prevent and punish conduct in contravention of the Convention.
Further, the Convention obliges
Parties to cooperate in order to improve and achieve environmentally sound
management of hazardous wastes and other wastes through disseminating
information; monitoring the effects of the management of hazardous wastes on
human health and the environment; developing and implementing new
environmentally sound low-waste technologies, and improving existing
technologies; and promoting the transfer of technology and management systems.
The Convention also encourages cooperation between Parties and
international organizations, taking into account the needs of developing
countries, to promote public awareness, the development of sound management of
hazardous wastes and the adoption of new technologies.
Parties
to the Convention are required to report any accident occurring during the
transboundary movement of hazardous wastes or other wastes and their disposal,
which are likely to present risks to human health and the environment in other
States. Moreover, the
Convention obliges Parties to transmit annual reports pertaining to, inter
alia, the movement, reduction and disposal of hazardous wastes.
ENTRY
INTO FORCE
HOW TO BECOME A PARTY
The Convention is closed for
signature. The Convention is
subject to ratification, acceptance or approval by States and to formal
confirmation or approval by political and/or economic integration organizations,
which have signed the Convention. The
Convention is open for accession by States and by political and/or economic
integration organizations from the day after the date on which the Convention is
closed for signature.
MANDATORY/OPTIONAL DECLARATIONS
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 Convention.
Political and/or economic integration organizations, in their instruments
of formal confirmation, approval or accession, shall declare the extent of their
competence with respect to the matters governed by the Convention.
States or political and/or economic integration organizations may, when
signing, ratifying, accepting, approving, formally confirming or acceding to the
Convention, make declarations or statements, however phrased or named, with a
view, inter alia, to the harmonization of its laws and regulations with
the provisions of the 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.
RESERVATIONS
No reservation may be made to
the Convention.
WITHDRAWAL/DENUNCIATION
A Party may withdraw from the
Convention by giving written notification to the depositary at any time after
three years from the date on which the Convention has entered into force for
that Party. The withdrawal takes
effect one year from the date of receipt of the notification by the depositary,
or on such later date as may be specified in the notification.