Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal

 

Article 1
Scope of the Convention

1. The following wastes that are subject to transboundary movement shall be
“hazardous wastes”for the purposes of this Convention:

(a) Wastes that belong to any category contained in Annex I, unless they
do not possess any of the characteristics contained in Annex III; and

(b) Wastes that are not covered under paragraph (a) but are defined as,
or are considered to be, hazardous wastes by the domestic legislation
of the Party of export, import or transit.

2. Wastes that belong to any category contained in Annex II that are
subject to transboundary movement shall be “other wastes”for the purposes
of this Convention.

3. Wastes which, as a result of being radioactive, are subject to other
international control systems, including international instruments,
applying specifically to radioactive materials, are excluded from the scope
of this Convention.

4. Wastes which derive from the normal operations of a ship, the discharge
of which is covered by another international instrument, are excluded from
the scope of this Convention.

Article 2
Definitions

For the purposes of this Convention:

1. “Wastes”are substances or objects which are disposed of or are intended
to be disposed of or are required to be disposed of by the provisions of
national law;

2. “Management”means the collection, transport and disposal of hazardous
wastes or other wastes, including after-care of disposal sites;

3. “Transboundary movement”means any movement of hazardous wastes or other
wastes from an area under the national jurisdiction of one State to or
through an area under the national jurisdiction of another State or to or
through an area not under the national jurisdiction of any State, provided
at least two States are involved in the movement;

4. “Disposal”means any operation specified in Annex IV to this Convention;

5. “Approved site or facility” means a site or facility for the disposal of
hazardous wastes or other wastes which is authorized or permitted to
operate for this purpose by a relevant authority of the State where the
site or facility is located;

6. “Competent authority” means one governmental authority designated by a
Party to be responsible, within such geographical areas as the Party may
think tit, for receiving the notification of a transboundary movement of
hazardous wastes or other wastes, and any information related to it, and
for responding to such a notification, as provided in Article 6;

7. “Focal point”means the entity of a Party referred to in Article 5
responsible for receiving and submitting information as provided for in
Articles 13 and 16;

8. “Environmentally sound management of hazardous wastes or other wastes”
means taking all practicable steps to ensure that hazardous wastes 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;

9. “Area under the national jurisdiction of a State”means any land, marine
area or airspace within which a State exercises administrative and
regulatory responsibility in accordance with international law in regard to
the protection of human health or the environment;

10. “State of export”means a Party from which a transboundary movement of
hazardous wastes or other wastes is planned to be initiated or is
initiated;

11. “State of import”means a Party to which a transboundary movement of
hazardous wastes or other wastes is planned or takes place for the purpose
of disposal therein or for the purpose of loading prior to disposal in an
area not under the national jurisdiction of any State;

12. “State of transit”means any State, other than the State of export or
import, through which a movement of hazardous wastes or other wastes is
planned or takes place;

13. “States concerned”means Parties which are States of export or import,
or transit States, whether or not Parties;

14. “Person”means any natural or legal person;

15. “Exporter”means any person under the jurisdiction of the State of
export who arranges for hazardous wastes or other wastes to be exported;

16. “Importer”means any person under the jurisdiction of the State of
import who arranges for hazardous wastes or other wastes to be imported;

17. “Carrier”means any person who carries out the transport of hazardous
wastes or other wastes;

18. “Generator”means any person whose activity produces hazardous wastes
or other wastes or, if that person is not known, the person who is in
possession and/or control of those wastes;

19. “Disposer”means any person to whom hazardous wastes or other wastes
are shipped and who carries out the disposal of such wastes;

20. “Political and/or economic integration organization”means an
organization constituted by sovereign States to which its member States
have transferred competence in respect of matters governed by this
Convention and which has been duly authorized, in accordance with its
internal procedures, to sign, ratify, accept, approve, formally confirm or
accede to it;

21. “Illegal traffic”means any transboundary movement of hazardous wastes
or other wastes as specified in Article 9.

Article 3
National Definitions of Hazardous Wastes

1. Each Party shall, within six months of becoming a Party to this
Convention, inform the Secretariat of the convention of the wastes, other
than those listed in Annexes I and II, considered or defined as hazardous
under its national legislation and of any requirements concerning
transboundary movement procedures applicable to such wastes.

2. Each Party shall subsequently inform the Secretariat of any significant
changes to the information it has provided pursuant to paragraph 1.

3. The Secretariat shall forthwith inform all Parties of the information it
has received pursuant to paragraphs 1 and 2.

4. Parties shall be responsible for making the information transmitted to
them by the Secretariat under paragraph 3 available to their exporters.

 

Author: international

Mentioned in these Entries

Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 2, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 3, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 4, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 5, Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 6, Conventions: Chronological Index 1971-1990, International Environment, Biodiversity and Climate resources, Other Environmental conventions.