Overview of the Basel Convention and Basel Protocol History by fsd65350

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									  Basel Convention Secretariat

  United Nations Environmental Programme
  ___________________________________




  Overview of the Basel Convention and
   Basel Protocol: History and Goals

                                          Laura Thompson
                                             Legal Expert
                                 Secretariat of the Basel Convention

 Regional Workshop Aimed at Promoting Ratification of the Basel
Protocol on Liability and Compensation for Damage resulting from
   Transboundary Movements of Hazardous Wastes and their
                             Disposal

                  Warsaw, Poland 18 – 20 January 2006
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________




The Basel Convention on the
 Control of Transboundary
 Movements of Hazardous
 Wastes and Their Disposal
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________




                      The Basel Convention

                                         •Adopted in 1989
                                         •Entered into force on 5 May
                                         1992
                                         •166 Parties to the Convention
                                         (as at 15 January 2006)
     Basel Convention Secretariat

     United Nations Environmental Programme
     ___________________________________




                   Main Goal of the Convention


  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
  Basel Convention Secretariat

  United Nations Environmental Programme
  ___________________________________




       Mechanisms for Achieving this Goal
•The control of the transboundary movement of
hazardous wastes and other wastes

•Environmentally sound management (ESM) of
hazardous wastes and other wastes


•The prohibition to export wastes to non-Parties to
the Convention unless bilateral, multilateral, or
regional agreements or arrangements with non-
Parties stipulate provisions which are not less
environmentally sound than those provided for by the
Convention
    Basel Convention Secretariat

    United Nations Environmental Programme
    ___________________________________




  Control of Transboundary Movements 1

•The State of Export must notify
the State of intended disposal
(“State of Import”) and any
States through which the
shipment is intended to pass
(“State of Transit”) (Art. 6 (1)).
•The notification must contain
detailed information regarding
the proposed shipment (Annex
V A).
      Basel Convention Secretariat

      United Nations Environmental Programme
      ___________________________________




   Control of Transboundary Movements 2
The shipment can only
commence:
   –upon receipt of the written
   consent to the specific
   transboundary movement of
   the State of Import and
   Transit (Arts. 4(1)(c), 6(3)(a)
   and 6(4))
   –upon confirmation of the
   existence of a contract with a
   disposer specifying ESM of
   the wastes (Art. 6(3)(b))
 Basel Convention Secretariat

 United Nations Environmental Programme
 ___________________________________




Control of Transboundary Movements 3
                                          •The shipment must at all times
                                          be accompanied by a
                                          Movement Document, from the
                                          point at which a transboundary
                                          movement commences to the
                                          point of disposal, giving detailed
                                          information on the shipment
                                          (Arts 4(7)(c), Annex V B).
                                          •This document must be signed
                                          by each person who takes
                                          charge of the wastes (Art. 6(9)).
    Basel Convention Secretariat

    United Nations Environmental Programme
    ___________________________________




  Control of Transboundary Movements 4
                           •The disposer must confirm
                           receipt of the wastes, and the
                           completion of disposal in
                           accordance with the
                           information contained in the
                           notification (Art. 6(9))
When a transboundary movement 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 the
deadline established by Article 9 of the Convention (Art.
8)
 Basel Convention Secretariat

 United Nations Environmental Programme
 ___________________________________




Control of Transboundary Movements 5

                                          •Shipments made without
                                          following the procedures (e.g.
                                          without consent) are illegal (Art.
                                          9)
                                          •Illegal traffic is criminal (Art.
                                          4(3))
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________




Environmentally Sound Management 1


                                         ESM means taking all
                                         practicable steps to ensure
                                         that wastes are managed in a
                                         manner which will protect
                                         human health and the
                                         environment against the
                                         adverse effects which may
                                         result from such wastes
                                         (Article 2 (8))
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________



Environmentally sound management 2
                      Parties must, inter alia:
                      •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 (Art.
                      4(2)(d))
                      •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 (Art. 4(2)(g))
                      •Allow the export only when the State of Export does
                      not have the technical capacity and the necessary
                      facilities, capacity or suitable disposal sites to dispose
                      of the wastes in question in an environmentally sound
                      and efficient manner (Art. 4(9)(a))
 Basel Convention Secretariat

 United Nations Environmental Programme
 ___________________________________




The Basel Protocol on Liability
and Compensation for Damage
resulting from Transboundary
   Movements of Hazardous
  Wastes and Their Disposal
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________




           The Basel Protocol on Liability

                                         Responding to the
                                         concerns of developing
                                         countries regarding limited
                                         financial and technical
                                         capacity to respond to and
                                         address cases of illegal
                                         dumping or accidental
                                         spills of hazardous wastes
   Basel Convention Secretariat

   United Nations Environmental Programme
   ___________________________________




        Article 12 of the Basel Convention

    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
       Basel Convention Secretariat

       United Nations Environmental Programme
       ___________________________________




                          Main Goal of the Protocol

To provide for a comprehensive
regime for liability and for adequate
and prompt compensation for
damage resulting from the
transboundary movement of
hazardous wastes and other
wastes and their disposal including
illegal traffic in those wastes.
      Basel Convention Secretariat

      United Nations Environmental Programme
      ___________________________________




         Mechanism for Achieving this Goal

The provision of third party liability
and environmental liability in order
to ensure that adequate and
prompt compensation is available
for damage resulting from the
transboundary movement and
disposal of hazardous wastes and
other wastes
     Basel Convention Secretariat

     United Nations Environmental Programme
     ___________________________________




                           History of the Protocol 1

• March 1989
Conference of
Plenipotentiaries (which
adopted the
Convention) adopted
Resolution 3 which
established a working
group to develop
elements which might
be included in a
Protocol on Liability and
Compensation.
   Basel Convention Secretariat

   United Nations Environmental Programme
   ___________________________________




                         History of the Protocol 2
•December 1992 COP 1 (Decision I/5): The elements developed
by the Working Group established pursuant to Resolution 3 were
presented to COP 1. COP 1 decided to establish an ad hoc
working group to consider and develop a draft Protocol on
Liability.
•September 1993 – The Ad-hoc Working Group of Legal and
Technical Experts to Consider and Develop a Draft Protocol on
Liability and Compensation began meeting, pursuant to Decision
I/5. The Ad hoc Working Group held 10 meetings.
•March 1994 COP 2 (Decision II/1), September 1995 COP 3
(Decision III/2), February 1998 COP 4 (Decision IV/19) –
Extended the mandate of the working group
•10 December 1999 COP 5 – Adopted the Protocol on Liability
and Compensation
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________




                    The Basel Protocol Today
      •As at 15 January 2006, 13 signatories and 7
      ratifications
      •Hungary and the Former Yugoslav Republic
      of Macedonia
      •Denmark, Finland, France, Luxembourg,
      Monaco, Sweden, United Kingdom of Great
      Britain and Northern Ireland
      •13 more ratifications are required for entry into
      force
Basel Convention Secretariat

United Nations Environmental Programme
___________________________________




        For Further Information


Visit the Basel Convention’s Website:


                                  www.basel.int

								
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