Bamako Convention on the Ban of the Import into Africa 3

Bamako Convention on the Ban of the Import into Africa

 

Article 5

Designation of Competent Authorities, Focal Point and Dumpwatch

To facilitate the implementation of this Convention, the Parties shall:

1. Designate or establish one or more competent authorities and one
focal point. One competent authority shall be designated to receive the
notification in case of a State of transit.

2. Inform the Secretariat, within three months of the date of the entry
into force of this Convention for them, which agencies they have
designated as their focal point and their competent authorities.

3. Inform the Secretariat, within one month of the date of decision, of
any changes regarding the designations made by them under paragraph 2
above.

4. Appoint a national body to act as a Dumpwatch. In such capacity as a
Dumpwatch, the designated national body only will be required to
co-ordinate with the concerned governmental and non-governmental bodies.

Article 6

Transboundary Movement and Notification Procedures

1. The State of export shall notify, or shall require the generator or
exporter to notify, in writing, through the channel of the competent
authority of the State of export, the competent authority of the States
concerned of any proposed transboundary movement of hazardous wastes.
Such notification shall contain the declarations and information
specified in Annex IV A of this Convention, written in a language
acceptable to the State of import. Only one notification needs to be
sent to each State concerned.

2. The Party of import shall respond to the notifier in writing
consenting to the movement with or without conditions, denying permission
for the movement, or requesting additional information. A copy of the
final response of the State of import shall be sent to the competent
authorities of the States concerned.

3. The State of export shall not allow the transboundary movement until
it has received:

(a) written consent of the State of import; and

(b) from the State of import, written confirmation of the existence of
a contract between the exporter and the disposer specifying
environmentally sound management of the wastes in question.

4. Each State of transit which is a Party shall promptly acknowledge to
the notifier receipt of the notification. It may subsequently respond to
the notifier in writing, within 60 days, consenting to the movement with
or without conditions, denying permission for the movement, or requesting
additional information. The State of export shall not allow the
transboundary movement to commence until it has received the written
consent of the State of transit.

5. In the case of a transboundary movement of hazardous wastes where the
wastes are legally defined as or considered to be hazardous wastes only:

(a) By the State of export, the requirements of paragraph 8 of this
Article that apply to the importer or disposer and the State of
import shall apply mutatis mutandis to the exporter and State of
export, respectively;

(b) By the Party of import, or by the States of import and transit
which are Parties, the requirements of paragraphs 1, 3, 4 and 6 of
this Article that apply to the exporter and State of export shall
apply mutatis mutandis to the importer or disposer and Party of
import, respectively; or

(c) By any State of transit which is a Party to this Convention, the
provisions of paragraph 4 of this Article shall apply to such
State.

6. The State of export shall use a shipment specific notification even
where hazardous wastes having the same physical and chemical
characteristics are shipped regularly to the same disposer via the same
customs office of entry of the State of import, and in the case of
transit, via the same customs office of entry and exit of the State or
States of transit; specific notification of each and every shipment shall
be required and contain the information in Annex IV A of this Convention.

7. Each Party to this Convention shall limit their points or ports of
entry and notify the Secretariat to this effect for distribution to all
Contracting Parties. Such points and ports shall be the only ones
permitted for the transboundary movement of hazardous wastes.

8. The Parties to this Convention shall require that each person who
takes charge of a transboundary movement of hazardous wastes sign the
movement document either upon delivery or receipt of the wastes in
question. They shall also require that the disposer inform both the
exporter and the competent authority of the State of export of receipt by
the disposer of the wastes in question and, in due course, of the
completion of disposal as specified in the notification. If no such
information is received within the State of export, the competent
authority of the State of export or the exporter shall so notify the
State of import.

9. The notification and response required by this Article shall be
transmitted to the competent authority of the States concerned or to such
governmental authority as may be appropriate in the case of non-Parties.

10. Any transboundary movement of hazardous wastes shall be covered by
insurance, bond or other guarantee as may be required by the State of
import or any State of transit.

Article 7

Transboundary Movement from a Party
through States which are not Parties

Paragraph 2 and 4 of Article 6 of this Convention shall apply mutatis
mutandis to transboundary movements of hazardous wastes from a Party
through a State or States which are not Parties.

Article 8

Duty to Re-import

When a transboundary movement of hazardous wastes to which the consent of
the States concerned has been given, subject to the provisions of this
Convention, 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 a maximum of 90 days from the time that the importing
State informed the State of export and the Secretariat. To this end, the
State of export and any Party of transit shall not oppose, hinder or
prevent the return of those waste to the State of export.

Article 9

Illegal traffic

1. For the purpose of this Convention, any transboundary movement of
hazardous wastes under the following situations shall be deemed to be
illegal traffic:

(a) if carried out without notification, pursuant to the provisions of
this Convention, to all States concerned; or

(b) if carried out without the consent, pursuant to the provisions of
this Convention, of a State concerned; or

(c) if consent is obtained from States concerned through falsification,
misrepresentation or fraud; or

(d) if it does not conform in a material way with the documents; or

(e) if it results in deliberate disposal of hazardous wastes in
contravention of this Convention and of general principles of
international law.

2. Each Party shall introduce appropriate national legislation for
imposing criminal penalties on all persons who have planned, committed,
or assisted in such illegal imports. Such penalties shall be
sufficiently high to both punish and deter such conduct.

3. In case of a transboundary movement of hazardous wastes deemed to be
illegal traffic as the result of conduct on the part of the exporter or
generator, the State of export shall ensure that the wastes in question
are taken back by the exporter or generator or if necessary by itself
into the State of export, within 30 days from the time the State of
export has been informed about the illegal traffic. To this end the
Parties concerned shall not oppose, hinder or prevent the return of those
wastes to the State of export and appropriate legal action shall be taken
against the contravenor(s).

4. In the case of a transboundary movement of hazardous wastes deemed to
be illegal traffic as the result of conduct on the part of the importer
or disposer, the Party of import shall ensure that the wastes in question
are returned to the exporter by the importer and that legal proceedings
according to the provisions of this Convention are taken against the
contravenor(s).

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Bamako Convention on the Ban of the Import into Africa.


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