UN Basel Convention on the Control of Transboundary movements of Hazardous Wastes and their Disposal
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted on 22 March 1989 and entered into force on 5 May 1992 in response to a public outcry following the discovery, in the 1980s, in Africa and other parts of the developing world of deposits of toxic wastes imported from abroad[1]
Overview
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted on 22 March 1989 and entered into force on 5 May 1992.
The management of hazardous wastes has been on the international environmental agenda from the early 1980s, when it was included as one of three priority areas in the United Nations Environment Programme’s (UNEP) first Montevideo Programme on Environmental Law in 1981. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (hereinafter referred to as “the Basel Convention”) was adopted in 1989, in response to a public outcry following the discovery, in the 1980s, in Africa and other parts of the developing world of deposits of toxic wastes imported from abroad[1].
The Global Convention on the Control of Transboundary Movements of Hazardous Wastes (known as the Conference of the Plenipotentitaries), convened at the invitation of the Swiss Government from 20 to 22 March 1989 in Basel, and in which 116 States were represented, considered the final draft of the Convention submitted to it by the Working Group.
The Basel Convention was adopted unanimously by the Conference on 22 March 1989. The Conference also adopted eight resolutions related to the further development and the implementation of the Basel Convention.
One hundred and five States and the European Economic Community (EEC) signed the Final Act of the Basel Conference. On 22 March 1990, when the Basel Convention was closed for signature in accordance with its article 21, fifty-three States and the EEC had signed it. It entered into force on 5 May 1992 upon deposit of the twentieth instrument of accession (article 25)[1].
The Basel Convention was ratified by the EU via Regulation 1013/2006/EU on shipments of waste and was immediately applicable throughout each Member State.
Each Member state was then required to transpose its own legislation in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials) and in relation to the prevention, reduction and elimination of pollution caused by waste; this was transposed as the Transfrontier Shipment of Waste Regulation 2007.
The UK Plan for Shipments of Waste (last updated 2012) implements the UK governemnt policy of self-sufficiency in waste disposal, by prohibiting imports and exports of waste to and from the UK for disposal - except for some limited exceptions which are outlined in the Plan[2].
Objective
The overarching objective of the Basel Convention is to protect human health and the environment against the adverse effects of hazardous wastes. Its scope of application covers a wide range of wastes defined as “hazardous wastes” based on their origin and/or composition and their characteristics, as well as two types of wastes defined as “other wastes” - household waste and incinerator ash[1].
Aims and Provisions[1]
The provisions of the Convention center around the following principal aims:
- the reduction of hazardous waste generation and the promotion of environmentally sound management of hazardous wastes, wherever the place of disposal;
- the restriction of transboundary movements of [Hazardous Waste|hazardous wastes]] except where it is perceived to be in accordance with the principles of environmentally sound management; and
- a regulatory system applying to cases where transboundary movements are permissible
The first aim is addressed through a number of general provisions requiring States to observe the fundamental principles of environmentally sound waste management (article 4).
A number of prohibitions are designed to attain the second aim: hazardous wastes may not be exported to Antarctica, to a State not party to the Basel Convention, or to a party having banned the import of hazardous wastes (article 4). Parties may, however, enter into bilateral or multilateral agreements on hazardous waste management with other parties or with non-parties, provided that such agreements are “no less environmentally sound” than the Basel Convention (article 11). In all cases where transboundary movement is not, in principle, prohibited, it may take place only if it represents an environmentally sound solution, if the principles of environmentally sound management and non-discrimination are observed and if it is carried out in accordance with the Convention’s regulatory system[1].
The regulatory system is the cornerstone of the Basel Convention as originally adopted. Based on the concept of prior informed consent, it requires that, before an export may take place, the authorities of the State of export notify the authorities of the prospective States of import and transit, providing them with detailed information on the intended movement. The movement may only proceed if and when all States concerned have given their written consent (articles 6 and 7). The Basel Convention also provides for cooperation between parties, ranging from exchange of information on issues relevant to the implementation of the Convention to technical assistance, particularly to developing countries (articles 10 and 13). The Secretariat is required to facilitate and support this cooperation, acting as a clearing-house (article 16). In the event of a transboundary movement of hazardous wastes having been carried out illegally, i.e. in contravention of the provisions of articles 6 and 7, or cannot be completed as foreseen, the Convention attributes responsibility to one or more of the States involved, and imposes the duty to ensure safe disposal, either by re-import into the State of generation or otherwise (articles 8 and 9)[1].
Additional Annexes and Amendment[1]
Ban Amendment
In 1995, the Amendment to the Basel Convention (“the Ban Amendment”) was adopted by decision III/1 of the third meeting of the Conference of the Parties. The Ban Amendment provides for the prohibition by each Party included in the proposed new Annex VII to the Convention (Parties and other States which are members of the OECD, EC, Liechtenstein) of:
- all transboundary movements to States not included in Annex VII of hazardous wastes covered by the Convention that are intended for final disposal, and
- all transboundary movements to States not included in Annex VII of hazardous wastes covered by paragraph 1 (a) of Article 1 of the Convention that are destined for reuse, recycling or recovery operations.
This decision III/1 added a paragraph in the preamble; inserted an Article 4A; and added the Annex VII. The Ban Amendment entered into force on 5 December 2019[1].
Additional Annexes and Amendments to Annexes
In 1998, Annexes VIII and IX were added to the Convention by the fourth meeting of the Conference of the Parties, to provide further elaboration as to the wastes regulated by the Convention as listed in Annexes I and III. Since then, the Conference of the Parties has adopted various changes to these Annexes VIII and IX.
In 2019, the fourteenth meeting of the Conference of the Parties adopted further amendments to Annexes II, VIII and IX to the Convention by amending or inserting entries on plastic waste. These amendments become effective on 1 January 2021.[1].