Chapter 3.2 Transboundary movement control

1. Chapter 3.2 Transboundary movement control TRP Chapter 3.2 1

2. The problem • Movements of waste from industrialised to industrialising countries of hazardous wastes for ‘treatment’ or ‘disposal’ • Hazardous waste disposal costs in industrialised countries were high, regulations becoming stricter • Disposal costs in developing economies were low, few regulations, low standards • No legal framework to control ‘dumping’ TRP Chapter 3.2 2

3. The solution 1987 - Preliminary guidelines (the Cairo Guidelines) for the environmentally sound management of hazardous wasteswere adopted by UNEP 1989 - Adoption of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1992 - Entry into force of the Basel Convention TRP Chapter 3.2 3

4. Objectives of the Basel Convention • To protect human health and the environment against adverse effects of hazardous wastes • Reduction of transboundary movements of hazardous wastes • Minimisation of generation - quantity and degree of hazard • Promotion of environmentally sound management of hazardous wastes TRP Chapter 3.2 4

5. Definition • Under the Basel Convention, hazardous wastes are: • Wastes that belong to any category listed in Annex I unless they do not possess any of the characteristics contained in Annex III Art. 1 (1) (a) • Wastes that belong to any category listed in AnnexII re other wastes, Art. 1 (2) • Wastes defined as hazardous by national legislation Art. 1 (1) (b) • Annex VIII (and IX) further defines which wastes are (not)considered hazardous under the Convention TRP Chapter 3.2 5

6. Main elements of the Convention • Control regime for the transboundary movements of hazardous wastes • Environmentally Sound Management of hazardous wastes TRP Chapter 3.2 6

7. Control regime for transboundary movement of hazardous waste 1 . Responsibility to notify . Prior written consent procedure . Re-import obligations • Prohibitions and restrictions . Definition and control of illegal traffic . Documentation and notification • Contract between exporter and disposer . Insurance/financial guarantees . International transport regulations . Environmentally sound management of wastes TRP Chapter 3.2 7

8. Control regime for transboundary movements of hazardous waste 2 Prohibitions and restrictions .No movements to non-Parties (unless Art. 11) . No export to States with import prohibition . No export to States without systems of environmentally sound management . No export for disposal to the area of 60o South latitude (ie Antarctica) TRP Chapter 3.2 8

9. Environmentally Sound Management of hazardous wastes Requires that all practicable steps are taken to ensure that hazardouswastes 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 (Art. 2) Technical guidelines for environmentally sound management of specific hazardous wastes are available TRP Chapter 3.2 9

10. Guiding principles • Self-sufficiency Principle • Proximity Principle • Least Transboundary Movement Principle • Polluter Pays Principle • Principle of Sovereignty TRP Chapter 3.2 10

11. Illegal traffic 1 • Transboundary movements are illegal under the Convention (Article 9), when: • no notification is made to all States concerned • no consent of a State concerned is given • consent is obtained through falsification, misrepresentation or fraud • details of movement do not conform with the documents • disposal is in contravention of Convention and international law TRP Chapter 3.2 11

12. Illegal traffic 2 States which are Party to the Convention should: • Incorporate sanctions and penalties in their legal system • Build up enforcement capacities • Promote inter-ministerial co-ordination • Promote consistency in addressing illegal traffic • Bring confirmed and alleged cases to the attention of the secretariat to take appropriate action Draft guidance is available on various topics TRP Chapter 3.2 12

13. Protocol on liability and compensation 1 • Objective: to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movements of hazardous wastes • Assigns responsibilities to all the actors taking part in a transboundary movement, with the obligation to compensate TRP Chapter 3.2 13

14. Protocol on liability and compensation 2 The scope: Covers each phase of a transboundary movement, including: • the point where the wastes are loaded onto the means of transport • the international transit • the final destination • the final disposal TRP Chapter 3.2 14

15. Protocol on liability and compensation 3 What kind of damage is covered by the Protocol? • loss of life or personal injury • loss of or damage to property • loss of income directly deriving from an economic interest deriving from the use of the environment • costs of reinstatement of the environment • costs of preventive measures TRP Chapter 3.2 15

16. Protocol on liability and compensation 4 Who is liable? Strict liability (Article 4):The notifier is liable until the disposer takes possession of the HW Thereafter, the disposer shall be liable for damage Fault-based liability (Article 5): any person shall be liable for damage caused by lack of compliance and reckless or negligent acts TRP Chapter 3.2 16

17. The Ban amendment Decision III/1: • ban on movement of wastes for disposal from Annex VII countries to non-Annex VII countries • ban on movement of wastes for recovery and recycling from Annex VII countries to non- Annex VII countries (Annex VII = OECD, EC and Liechtenstein) TRP Chapter 3.2 17

18. The Annex VII debate In principle, definition based on ability to ensure environmentally sound management of hazardous wastes In practice, definition based on membership of OECD or EU (which does not reflect environmentally sound management capability) and excludes non-member countries with environmentally sound management capability TRP Chapter 3.2 18

19. Financial mechanism Technical Co-operation Trust Fund • to assist in implementation of the Basel Convention • receives in kind contributions: finance, expertise, equipment Enlargement of scope of Trust Fund proposed: • to cover costs of victims of pollution • spread financial burden among polluters • assist states in case of accidents • to provide an interim fund eg for emergency assistance • Part I: Emergency assistance so far approved and operational TRP Chapter 3.2 19

20. Assistance to States • Technical guidelines • Model national legislation • Waste characterisation • Manual to assist implementation • For the future: • Criteria for environmentally sound management of hazardous wastes • Improvement of existing technologies • Development of new technologies • Raising public awareness • Regional Centres • Training and seminars TRP Chapter 3.2 20

21. Strategic Action Plan • Strategic Action Plan for the next decade (to 2010) • The ability of each Party to implement the Basel Convention is enhanced • The environmentally sound management of hazardous wastes and other wastes is accessible to all Parties • Transboundary Movements of hazardous wastes are further reduced and illegal traffic is prevented • Partnership for the effective implementation of the Convention is strengthened at the global, national and local level • Awareness and understanding of the Convention is increased amongst all sectors of society • Global membership of the Convention is achieved TRP Chapter 3.2 21

22. Chapter 3.2 Summary In the 1980s the international community recognised the need to control transboundary movements, in particular those from industrialised countries to developing economies which were causing harm to health and the environment Since then, efforts have been made to raise standards relating both to transboundary movements and to the environmentally sound management of hazardous wastes by international initiatives Parties to the Basel Convention introduce rules into national legislation, enabling the necessary controls TRP Chapter 3.2 22