Title: Overview of the Basel Convention and Basel Protocol: History and Goals Ms. Donata Rugarabamu Senior Legal Officer Secretariat of the Basel Convention Regional Workshop Aimed at Promoting Ratification of the Basel Protocol on Liability and
1Overview of the Basel Convention and Basel
Protocol History and GoalsMs. Donata
Rugarabamu Senior Legal Officer Secretariat of
the Basel ConventionRegional Workshop Aimed at
Promoting Ratification of the Basel Protocol on
Liability and Compensation for Damage resulting
from Transboundary Movements of Hazardous Wastes
and their DisposalAddis Ababa, Ethiopia, 30
August to 2 September 2004
2The Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and
Their Disposal
3The Basel Convention
- Adopted in 1989
- Entered into force on 5 May 1992
- 162 Parties to the Convention (as at 20 August
2004) - 53 Parties are Members States of the African
Union
4Main 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
5Mechanisms 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
6Control 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).
7Control of Transboundary Movements 2
- The shipment can only commence
- upon receipt of the written consent of the State
of Import and upon confirmation of the existence
of a contract with a disposer specifying ESM of
the wastes (Arts. 4(1)(c), 6(3)). - States of Transit also must have consented (Art.
6(4)).
8Control of Transboundary Movements 3
- The shipment must at all times be accompanied by
a Movement Document, 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)).
9Control 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))
10Control 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))
11Environmentally 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
12Environmentally 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 . - 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 - Not allow the export if 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
13The Basel Protocol on Liability and Compensation
for Damage resulting from Transboundary Movements
of Hazardous Wastes and Their Disposal
14The 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
15Article 12 of the Basel Convention
Article 12 of the Basel Convention
provides 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
16Main 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.
17Mechanism 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
18History 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.
19History 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
20The Basel Protocol Today
- As at 25 August 2004, 13 signatories and 3
ratifications (Ethiopia, Botswana and Togo) - 20 ratifications required for entry into force
- Decision VI/15 adopted by COP 6, called on
Parties to expedite the process of ratification,
acceptance or approval of or accession to the
Basel Protocol, to enable the Protocol to enter
into force with a view to allowing the first
meeting of the Parties to the Basel Protocol to
be convened in conjunction with COP 7 - COP 7 will be held in Geneva from 25-29 October
2004
21For Further Information
- Visit the Basel Conventions Website
www.basel.int
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