Decision III/22
Cooperation with the International Atomic Energy Agency
The Conference,
Recalling decision II/11 of the second meeting of the Conference of the Parties:
1. Welcomes the preparation by the IAEA of a draft Convention on Safety of Management of Radioactive Wastes.
2. Requests the Secretariat of the Basel Convention to continue its cooperation with the IAEA in particular in the preparation of a draft Convention on Safety of Management of Radioactive Wastes particularly in relation to the question of the inclusion of low-level radioactive wastes in its scope.
3. Further requests the Secretariat of the Basel Convention to report to the fourth meeting of the Conference of the Parties on the progress made on the Secretariat of the Basel Convention's cooperation with IAEA on the elaboration of the draft Convention on Safety of Management of Radioactive Wastes.
Decision III/23
Relationship of the Basel Convention and the London Convention, 1972
The Conference,
Recalling decisions II/7 and II/22 of the second meeting of the Conference of the Parties:
1. Invites Parties to the London Convention, 1972, which are not Parties to the Basel Convention to become Parties in order to facilitate the coordination between the two Conventions;
2. Welcomes the decisions by the 16th Consultative Meeting of the London Convention, 1972, to prohibit the dumping of industrial wastes and radioactive wastes and other radioactive matter at sea, as well as the incineration at sea of industrial wastes and sewage sludge;
3. Requests the Secretariat of the Basel Convention to continue its cooperation with the Consultative Meeting of the London Convention, 1972 and the IMO in the preparatory process for the amendment of the London Convention, 1972 in order to achieve the goal of coordination between the two Conventions and to report to the fourth meeting of the Conference of the Parties to the Basel Convention;
4. Further requests the Secretariat of the Basel Convention to continue to cooperate with the Consultative Meeting of the London Convention, 1972 and the IMO with a view to ensuring that there is no duplication of activities to be carried out under both the Basel and the London Conventions, and with a view to ensuring their complementarity;
5. Also requests the Secretariat of the Basel Convention to further investigate, in cooperation with the Consultative Meeting of the London Convention, 1972 and the IMO, the impact of the ban of the disposal of industrial wastes at sea on the treatment and disposal of hazardous waste on land, which might affect their transboundary movement.
Decision III/24
Cooperation between the International Maritime Organization and the Basel Convention, in the review of existing rules, regulations and practices with respect to transport of hazardous wastes by sea
The Conference,
Referring to decision II/24 of the second meeting of the Conference of the Parties wishes to:
1. Request SBC to further strengthen its cooperation with IMO and other relevant UN bodies, such as the UN Committee of Experts on the Transport of Dangerous Goods, the UN Economic Commission for Europe (UN-ECE), the Inter-organization Programme of Sound Management of Chemicals, and the International Programme on Chemical Safety (IPCS) with a view to bringing them to participate fully and to contribute to the work undertaken by the Technical Working Group on hazard characterization of wastes subject to the Basel Convention and to pursue work on harmonization of criteria for the classification of hazardous wastes.
2. Further request SBC to continue its cooperation in this field with the IMO as well as with other intergovernmental organizations, in particular, OECD and the European Commission;
3. Also request that the cooperation of SBC on the subject of harmonization of criteria for the classification of hazardous wastes be extended to concerned non-governmental organizations and the private sector, particularly the Council of the Federation of European Chemical Industries (CEFIC); the Oil Companies' European Organization for Environmental and Health Protection (CONCAWE); European Centre for Ecotoxicology and Toxicology of Chemicals (ECETOC), and International Petroleum Industry Environmental Conservation Association (IPIECA).
Decision III/25
Follow-up to UNEP Governing Council decisions concerning environmentally sound management of hazardous wastes
The Conference,
Referring to decision II/9 of the second meeting of the Conference of the Parties, wishes to:
1. Appreciate the work done by the Secretariat of the Basel Convention on the Implementation of the three UNEP Governing Council 17 Decisions, namely:
17/5 - Application of environmental norms by military establishments;
17/13 - Carriage of irradiated nuclear fuel by sea; and
17/18 - Environmentally sound management of hazardous wastes.
2. Request the Secretariat of the Basel Convention to cooperate with UNEP Headquarters and its Regional Offices in the fields related to subjects covered by the above referred to UNEP 17th Governing Council Decisions to the extent to which the activities of the above three subject areas are covered by the provisions of the Basel Convention and decision of its Contracting Parties.
Decision III/26
Cooperation with UN bodies, specialized agencies and regional systems and organizations
The Conference,
Referring to decision II/23 of the second meeting of the Conference of the Parties, wishes to:
1. Request SBC to continue its cooperation with the following organizations in order to pursue the fulfilment of the objectives and obligations of the Convention, in particular:
- United Nations bodies and specialized agencies, namely: UNCETDG, UN-CHS (Habitat), UNCTAD, UN-DHA, UN-DPCSD, UNDP, ILZSG, UNEP, UNITAR, UN Regional Commissions (ECA; ECE; ECLAC; ESCAP; ESCWA), the World Bank and FAO, IAEA, ILO, IMO, PAHO, UNIDO and WHO;
- Other intergovernmental organizations such as CARICOM, CEPIS, the Commonwealth, CPPS, Interpol, IOPC Fund, NATO, OAU, OECD, ROPME, SPF, SPREP and WCO;
- Political and/or economic integration organizations such as the European Community.
i) with UN-CETDG and UN-ECE on matters concerning recommendations, rules and regulations governing the transport of hazardous wastes and on harmonization of criteria for environmentally hazardous substances including waste, in the area of the hazard characterization of wastes subject to the Basel Convention and on the work of UN-ECE/EUROSTAT developing standard terminology for waste and recycling;
ii) with FAO and UNIDO, and in cooperation with UNEP/IRPTC, on the environmentally sound disposal of obsolete and unwanted pesticides stock in developing countries;
iii) with ILO on exchange of information on cleaner production issues as a means to minimize hazardous wastes arising and consequences for occupational health and safety;
iv) with WHO in the preparation of Technical Guidelines for clinical wastes (Y1) as recommended by the Technical Working Group, in the development of training programmes concerning or related to the effects of hazardous wastes on health and in the establishment of regional or sub-regional centres for training and technology transfer;
v) with OECD in the work of its Waste Management Policy Group in particular regarding separate identification of hazardous wastes in the Harmonized System of the World Customs Organization, the environmentally sound management of hazardous wastes destined for recovery operations, training and waste minimization. In the preparation of technical guidelines for the environmentally sound management of hazardous wastes subject to the Basel Convention and the establishment of regional centres for training and technology transfer;
vi) with WCO in cooperation with OECD and the EC, in the separate identification of wastes subject to the Convention in the Harmonized System, with the WCO and its Contracting Parties to accelerate its work on the inclusion into the Harmonized System of the WCO of the entries for hazardous wastes covered by the Basel Convention and to accelerate its work on the modalities of this inclusion;
vii) with the EC on the preparation of technical guidelines for the environmentally sound management of wastes subject to the Basel Convention, on the separate identification of wastes covered by the Convention in the Harmonized System and on hazard characterization of wastes within the framework of the Convention;
viii) with ICC, BIAC and other private sector and business organizations in the area of hazard characterization of the wastes subject to the Convention, on the preparation of technical guidelines, on the development of the Protocol on Liability and Compensation, and on the establishment of regional centres for training and technology transfer.
2. Appeal to the United Nations bodies, specialized agencies and organizations and other international and regional organizations to consider joint collaboration including financing projects with the SBC for the implementation of the Basel Convention, to provide resource persons for training courses or technical assistance missions organized through the SBC and to keep SBC informed about hazardous waste related activities organized by them such as training courses in order to forward such information to the Parties of the Basel Convention.
Decision III/27
Cooperation between the Basel Convention and the activities undertaken at the global level leading to the development of the legally binding instrument on trade in hazardous chemicals including the Prior Informed Consent (PIC) concept.
The Conference,
1. Requests the Secretariat to cooperate with the government-designated group of experts on Prior Informed Consent (PIC) for hazardous chemicals convened by UNEP in cooperation with FAO in accordance with UNEP Governing Council decision 18/12 to enable the group to benefit from the experience gained in the implementation of the Basel Convention;
2. Invites Parties to provide assistance or guidance to the Secretariat on this matter;
3. Further requests the Secretariat to report on progress to the fourth meeting of the Conference of the Parties.
Decision III/28
Institutional, financial and procedural arrangements
The Conference,
Referring to decision II/27 of the second meeting of the Conference of the Parties,
Having considered the experience of the work of the Extended Bureau and the Secretariat of the Basel Convention during the period between the second and third meetings of the Conference of the Parties,
I. Institutional arrangements
1. Decides, with reference to its decision II/27, that its extended Bureau should also include the persons elected to chair the Open-ended Ad Hoc Committee, the Technical Working Group and the Ad Hoc Working Group of Legal and Technical Experts, subject to the provision that if a national of one State would otherwise occupy more than one position on the Extended Bureau, the relevant regional group may nominate a representative of another State to fill the other seat on the Bureau.
2. Requests the extended Bureau to initiate work on the development of a Memorandum of Understanding between the Conference of the Parties to the Basel Convention and UNEP, as host organization of its Secretariat.
3. Decides to name the head of the Secretariat "Executive Secretary" instead of "Coordinator" with a view to easing the comparison with the nomenclature used by other global environmental conventions.
4. In accordance with paragraph 8 of the Terms of Reference for the administration of the Trust Funds for the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, authorizes the Executive Secretary to make transfers, between each of the main appropriation lines set out in the budget, up to the aggregate limit of 15 per cent of the total estimated expenditure for those appropriation lines, provided that a further limitation of up to minus 25 per cent of each such appropriation lines shall apply.
5. Requests the travel arrangements for participants to follow the UN rules.
II. Financial arrangements
6. Expresses its concern over the delays in payment of the agreed contributions by Parties as well as the voluntary contributions by Parties and non-Parties according to the agreements reached at the first meeting of the Conference of the Parties in accordance with which: "all contributions are due to be paid in the year immediately preceding the year to which the contributions relate".
7. Approves the budget for the Trust Fund for the Implementation of the Basel Convention in the amount of US$ 2,854,805 to be met from the allocated scale of assessments, and an additional amount of US$1,096,395 as voluntary contributions for 1997 (Annex I to this decision).
8. Approves the budget for the Trust Fund for the Implementation of the Basel Convention in the amount of US$ 2,940,449 to be met from the allocated scale of assessments, and an additional amount of US$1,129,291 as voluntary contributions for 1998 (Annex II to this decision).
9. Approves the budget for the Technical Cooperation Trust Fund to Assist Developing Countries subject to voluntary contributions (Annex III to this decision).
10. Approves the document on financial implications of decisions of the third meeting of the Conference of the Parties to the Basel Convention for 1997, which is expected to be reviewed on a continuous basis by the meetings of the Extended Bureau to the Basel Convention subject to priorities set up by the Institutional and Legal as well as Technical Working Groups of the third meeting of the Conference of the Parties and subject to availability of funds (doc.UNEP/CHW.3/36).
11. Invites Parties to notify the Secretariat of the Basel Convention of all contributions made to the Basel Convention Trust Funds at the time such payments are made.
12. Invites the Executive Director to request that the collection of contributions to the Trust Funds of the Basel Convention is done through the existing Geneva UNEP bank account and is managed by the Geneva located financial services so that the collection and control of funds is made more efficient and effective.
13. Welcomes the decision by the UNEP/GC.18 adopted in May 1995 to provide strategic, scientific, technical and administrative support to the implementation of the Basel Convention for the biennium 1996-1997 at the level of US$ 446,000 and suggests that priority should be given to the implementation of the decisions on the establishment of regional or sub-regional centres for training and technology transfer regarding the management of hazardous wastes and other wastes and the minimization of their generation and on training and seminars related to the Basel Convention.
14. Requests the Executive Director of UNEP to advance funds to the Basel Convention on a reimbursable basis for operational requirements, including for technical cooperation activities to avoid disruption of the activities carried out under the Basel Convention that would result from delays in payment by the Parties of their pledged contributions.
15. Takes note of the recommendation by the Executive Director of UNEP to channel all funding related to the implementation of the Convention through one, consolidated Trust Fund.
16. Notes with appreciation the agreement by the Executive Director of UNEP to extend the two Trust Funds to the Basel Convention for 1999-2000 and 2001-2002 and mutatis mutandis the Terms of Reference for their administration as adopted by the First Meeting of the Conference of the Parties (Annex II to decision I/7), and to ensure ex-post-facto approval of the UNEP Governing Council for these extensions according to paragraph 19 of the Terms of Reference, subject to the further development of the Memorandum of Understanding.
17. Further notes that the Executive Director of UNEP will provide the Bureau with a report on the implementation of paragraph 16 of the Terms of Reference of the Trust Funds for the Basel Convention by May for every previous year to ensure the transparency of the use of funds of the Contracting Parties and with the annual certified accounts for the year and a report of activities under the Convention as required by paragraph 17 of the Terms of Reference.
18. Invites the Executive Director of UNEP to consult with the Secretary General of the United Nations on the procedures to be followed to modify the decision of the UN General Assembly regarding the 13 per cent charged to earmarked contributions and consequently not making any overhead charges on expenditures in the Trust Fund for Technical Assistance to Developing Countries.
19. Requests the Secretariat of the Basel Convention to ensure the implementation of all decisions adopted by the third meeting of the Conference of the Parties within the approved budgets for 1996 and for 1997/1998, ensuring that the only limiting factors in the implementation of the decision would be the availability of financial resources in the Trust Funds.
III. Procedural arrangements
20. Reiterates its previous requests to the Secretariat to secure the lowest possible costs for the translation, reproduction and dispatch of the documents for the meetings of the Conference of the Parties and its subsidiary bodies.
21. Decides that the fourth meeting of the Conference of the Parties will be held in September/October 1997.
APPENDIX I (TO DECISION III/5) CONFIRMED ILLEGAL TRAFFIC REPORT FORM PART A: GENERAL INFORMATION IDENTIFICATION OF THE TRANSMITTER OF INFORMATION
STATEo IMPORTING o EXPORTING o TRANSIT o
ADDRESS:
TEL:
FAX:
DESCRIPTION OF THE ILLEGAL ACT
TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES OR OTHER WASTES:
WITHOUT NOTIFICATION TO: IMPORTING STATE o
TRANSIT STATE o PARTYo NON-PARTYo
WITHOUT THE CONSENT OF: IMPORTING STATE o TRANSIT STATE PARTYo
WITH CONSENT OBTAINED THROUGH FALSIFICATION, MISREPRESENTATION OR FRAUD FROM:
IMPORTING STATE o TRANSIT STATE PARTY o
THAT DOES NOT CONFORM IN A MATERIAL WAY WITH THE DOCUMENTS: o
THAT RESULTS IN DELIBERATE DISPOSAL OF HAZARDOUS WASTES OR OTHER WASTES IN CONTRAVENTION OF:
BASEL CONVENTION: YES o NO o
GENERAL PRINCIPLES OF INTERNATIONAL LAW: YES o NOo
WHICH:
PERMISSION FOR EXPORT
HAS PERMISSION FOR EXPORT BEEN GRANTED BY THE EXPORTING STATE
WITHOUT WRITTEN CONFIRMATION THAT :
THE NOTIFIER HAS RECEIVED THE WRITTEN CONSENT OF THE STATE OF IMPORT: YES o NO o
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: YES o NO o
THE NOTIFIER HAS RECEIVED THE WRITTEN CONSENT OF THE STATE OF TRANSIT PARTY TO THE CONVENTION: YES o NO o
INFORMATION RELATED TO THE HAZARDOUS WASTES OR OTHER WASTES
GENERAL DESCRIPTION OF THE WASTE:
QUANTITY:
PLACE AND DATE OF DISCOVERY:
MEANS OF TRANSPORT:
SAMPLES TAKEN: YES o NO o
SAMPLES ANALYZED: YES o NO o
RESULT:
OTHER TECHNICAL INFORMATION AVAILABLE?: YES o NO o
IF YES, PLEASE FILL THE ANNEX
ACTORS INVOLVED IN THE ILLEGAL TRAFFIC (eg: Exporter, Importer, Carrier, Generator,
Disposer)
EXPORTING STATE: TRANSIT STATE (S): IMPORTING STATE:
COMPANY (IES):
ADDRESS: ADDRESS: ADDRESS:
COMPANY (IES):
ADDRESS: ADDRESS: ADDRESS:
TEL: TEL: TEL:
FAX: FAX: FAX:
PERSON:
ADDRESS: ADDRESS: ADDRESS.
TEL. TEL: TEL:
FAX: FAX: FAX:
PART B: INFORMATION RELATED TO EXPORT/IMPORT/TRANSIT
STATE OF EXPORT:
WAS ILLEGAL TRAFFIC DETECTED BY THE STATE OF EXPORT?: YES o NO o
BEFORE LEAVING ITS NATIONAL TERRITORY: YES o NO o
REMEDIAL ACTIONS UNDERTAKEN:
AFTER LEAVING ITS NATIONAL TERRITORY: YES o NO o
HAS THE EXPORTING STATE INFORMED:
EXPECTED STATE OF IMPORT: YES o NO o
EXPECTED STATE OF TRANSIT: YES o NO o
INTERPOL: YES o NO o
OTHER REGIONAL CONVENTION OR COMMISSION:
YES o NO o
WHICH:
WAS ANY REMEDIAL ACTION UNDERTAKEN BY STATE OF EXPORT?: YES o NO o
WERE THE WASTES TAKEN BACK? : YESo NO o
IF NO, WHY?:
BY THE GENERATOR o BY THE EXPORTER o BY THE EXPORTING STATE o
DATE OF RE-IMPORT:
MEANS OF RE-IMPORT:
WERE THE WASTES DISPOSED OF IN ACCORDANCE
WITH BASEL CONVENTION?: YES o NO o
DESCRIPTION OF WAYS AND MEANS:
OTHER REMEDIAL ACTION(S): YES o NO o
IF YES, SPECIFY:
STATE OF IMPORT:
IN THE CASE THAT ILLEGAL TRAFFIC IS A RESULT OF CONDUCT ON THE PART OF THE EXPORTER OR GENERATOR:
HAS IMPORTING STATE BEEN INFORMED OF THE ILLEGAL TRAFFIC ?
BEFORE ARRIVAL?: BY EXPORTING STATE: YES o NO o
BY TRANSIT STATE: YES o NO o
AFTER ARRIVAL?: BY EXPORTING STATE: YES o NO o
BY TRANSIT STATE: YES o NO o
HAS THE EXPORTING STATE BEEN INFORMED OF THE ILLEGAL TRAFFIC
BY THE IMPORTING STATE?: YES o NOo
HAS THE EXPORTING STATE REPLIED?: YES o NOo
HAS EXPORTING STATE IDENTIFIED
THE EXPORTER OR GENERATOR?: YES o NOo
HAS THE RE-IMPORT TO EXPORTING STATE ALREADY BEEN MADE?: YES o NOo
HAS THE REQUEST TO RE-IMPORT TAKEN PLACE?: YES o NOo
IF NOT, WHY?:
HAS ANY OTHER REMEDIAL ACTION BEEN TAKEN
BY THE EXPORTING STATE?: YES o NOo
IF YES, SPECIFY:
HAS INTERPOL BEEN INFORMED OF THE ILLEGAL TRAFFIC?: YES o NOo
IN THE CASE THAT ILLEGAL TRAFFIC IS A RESULT OF CONDUCT ON THE PART OF THE IMPORTER OR DISPOSER:
HAS REMEDIAL ACTION BEEN TAKEN BY THE STATE OF IMPORT?: YES o NOo
IF YES, SPECIFY:
WERE THE WASTES DISPOSED OF IN ACCORDANCE WITH THE BASEL CONVENTION?: YES o NOo
DESCRIPTION OF WAYS AND MEANS:
STATE OF TRANSIT:
ILLEGAL TRAFFIC DETECTED BY THE STATE OF TRANSIT: YES o NO o
BEFORE THE WASTES LEFT ITS NATIONAL TERRITORY?: YES o NO o
REMEDIAL ACTION UNDERTAKEN: YES o NO o
HAS TRANSIT STATE INFORMED:
THE EXPORTING STATE: YES o NO o
INTERPOL: YES o NO o
OTHER REGIONAL CONVENTION OR COMMISSION: YES o NO o
WHICH
AFTER THE WASTES LEFT ITS NATIONAL TERRITORY?: YES o NO o
HAS THE TRANSIT STATE INFORMED:
THE EXPECTED STATE OF IMPORT: YES o NO o
OTHER EXPECTED STATE OF TRANSIT: YESo NO o
INTERPOL: YES o NO o
OTHER REGIONAL CONVENTION OR COMMISSION:
YES o NO o
WHICH:
PUNISHMENT:
IS THE ILLEGAL TRAFFIC CONSIDERED A CRIMINAL ACT BY THE NATIONAL LEGISLATION OF?:
EXPORTING STATE IMPORTING STATE TRANSIT STATE
YES o NO o YES o NO o YES o NO o
PUNISHMENT IMPOSED BY:
EXPORTING STATE o IMPORTING STATE o TRANSIT STATE o
IDENTIFICATION OF THE PERSON(S) PUNISHED:
PUNISHMENT ALREADY EXECUTED: YES o NO o
TYPE OF PUNISHMENT:
COMMUNICATION OF PUNISHMENT TO THE:
EXPORTING STATE o IMPORTING STATE o TRANSIT STATE o
ANNEX
1.- PLACE AND DATE OF DISCOVERY:
HYDROGEOLOGICAL CONDITIONS YES o NO o
HUMAN SETTLEMENT AREAS YES o NO o
INDUSTRIAL ZONES YES o NO o
COASTAL AREAS YES o NO o
FORESTS YES o NO o
AGRICULTURE AREAS YES o NO o
RIVERSIDES YES o NO o
OTHER (PLEASE SPECIFY):
2.- GENERAL DESCRIPTION OF THE WASTES:
COMPOSITION: PURE YES o NO o
MIXED YES o NO o
SOLID YES o NO o
LIQUID YES o NO o
ORGANIC YES o NO o
INORGANIC YES o NO o
PHYSICO-CHEMICAL PROPERTIES/CHARACTERISTICS: CLASSIFICATION IN BASEL CONVENTION:
EXPLOSIVE YES o NO o FLAMMABLE LIQUIDS YES o NO o
FLAMMABLE SOLIDS YES o NO o OXIDING YES o NO o
ORGANIC PEROXIDES YES o NO o POISONOUS YES o NO o
INFECTIOUS SUBSTANCES YESo NO o CORROSIVE YES o NO o
TOXIC YES o NO o ECOTOXIC YES o NO o
SUBSTANCES OR WASTES LIABLE TO SPONTANEOUS COMBUSTION YES o NO o
SUBSTANCES OF WASTES WHICH, IN CONTACT
WITH WATER EMIT FLAMMABLE GASES YES o NO o
LIBERATION OF TOXIC GASES IN CONTACT WITH AIR OR WATER YES o NO o
3.- MODES OF TRANSPORT:
PACKAGING YES o NO o
IF YES, PLEASE SPECIFY:
LABELLING YES o NO o
4.- TESTING:
SAMPLES TAKEN:
SAMPLES ANALYZED:
RESULTS:
5.- CONTAINMENT APPEARANCE:
LEAKAGES OBSERVED YES o NO o
EMISSIONS DETECTED YES o NO o
ODOURS DETECTED YES o NO o
OTHER:
DETAILS OF OBSERVATION MADE:
MEASURES TAKEN YES o NO o
IF NO, EXPLAIN WHY:
6.- OCCURRENCE OF DAMAGES TO:
POPULATION YES o NO o
PROPERTIES YES o NO o
ENVIRONMENTAL MEDIAS YES o NO o
IF KNOWN, PLEASE QUALIFY MEDIA:
We thank the Basel Secretariat for making this document available to us.
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