Bamako Convention on the Ban of the Import into Africa

 

Article 10

Intra-African Co-operation

1. The Parties to this Convention shall co-operate with one another and
with relevant African organisations, to improve and achieve the
environmentally sound management of hazardous wastes.

2. To this end, the Parties shall:

(a) Make available information, whether on a bilateral or multilateral
basis, with a view to promoting clean production methods and the
environmentally sound management of hazardous wastes, including
harmonisation of technical standards and practices for the adequate
management of hazardous wastes;

(b) Co-operate in monitoring the effects of the management of hazardous
wastes on human health and the environment;

(c) Co-operate, subject to their national laws, regulations and
policies, in the development and implementation of new
environmentally sound clean production technologies and the
improvement of existing technologies with a view to eliminating, as
far as practicable, the generation of hazardous wastes and
achieving more effective and efficient methods of ensuring their
management in an environmentally sound manner, including the study
of the economic, social and environmental effects of the adoption
of such new and improved technologies;

(d) Co-operate actively, subject to their national laws, regulations
and policies, in the transfer of technology and management systems
related to the environmentally sound management of hazardous
wastes. They shall also co-operate in developing the technical
capacity among Parties, especially those which may need and request
technical assistance in this field;

(e) Co-operate in developing appropriate technical guidelines and/or
codes of practice;

(f) Co-operate in the exchange and dissemination of information on the
movement of hazardous wastes in conformity with Article 13 of this
Convention.

Article 11

International Co-operation
Bilateral, Multilateral and Regional Agreements

1. Parties to this Convention may enter into bilateral, multilateral, or
regional agreements or arrangements regarding the transboundary movement
and management of hazardous wastes generated in Africa with Parties or
non-Parties provided that such agreements or arrangements do not derogate
from the environmentally sound management of hazardous wastes as required
by this Convention. These agreements or arrangements shall stipulate
provisions which are no less environmentally sound than those provided
for by this Convention.

2. Parties shall notify the Secretariat of any bilateral, multilateral
or regional agreements or arrangements referred to in paragraph 1 of this
Article and those which they have entered into prior to the entry into
force of this Convention for them, for the purpose of controlling
transboundary movements of hazardous wastes which take place entirely
among the Parties to such agreements. The provisions of this Convention
shall not affect transboundary movements of hazardous wastes generated in
Africa which take place pursuant to such agreements provided that such
agreements are compatible with the environmentally sound management of
hazardous wastes as required by this Convention.

3. Each Contracting Party shall prohibit vessels flying its flag or
aircraft registered in its territory from carrying out activities in
contravention of this Convention.

4. Parties shall use appropriate measures to promote South-South
co-operation in the implementation of this Convention.

5. Taking into account the needs of developing countries, co-operation
between international organisations is encouraged in order to promote,
among other things, public awareness, the development of rational
management of hazardous waste, and the adoption of new and non/less
polluting technologies.

Article 12

Liabilities and Compensation

The Conference of Parties shall set up an Ad Hoc expert organ to prepare
a draft Protocol setting out appropriate rules and procedures in the
field of liabilities and compensation for damage resulting from the
transboundary movement of hazardous wastes.

Article 13

Transmission of Information

1. The Parties shall ensure that in the case of an accident occurring
during the transboundary movement of hazardous wastes or their disposal
which is likely to present risks to human health and the environment in
other States, those States are immediately informed.

2. The States shall inform each other, through the Secretariat, of:

(a) Changes regarding the designation of competent authorities and/or
focal points, pursuant to Article 5 of this Convention;

(b) Changes in their national definition of hazardous wastes, pursuant
to Article 3 of this Convention;

(c) Decisions made by them to limit or ban the import of hazardous
wastes;

(d) Any other information required pursuant to paragraph 4 of this
Article.

3. The Parties, consistent with national laws and regulations, shall set
up information collection and dissemination mechanisms on hazardous
wastes. They shall transmit such information through the Secretariat, to
the Conference of the Parties established under Article 15 of this
Convention, before the end of each calendar year, in a report on the
previous calendar year, containing the following information:

(a) Competent authorities, Dumpwatch, and focal points that have been
designated by them pursuant to Article 5 of this Convention;

(b) Information regarding transboundary movements of hazardous wastes
in which they have been involved, including:

(i) The quantity of hazardous wastes exported, their category,
characteristics, destination, any transit country and
disposal method as stated on the notification;

(ii) The amount of hazardous wastes imported, their category,
characteristics, origin, and disposal methods;

(iii) Disposals which did not proceed as intended;

(iv) Efforts to achieve a reduction of the amount of hazardous
wastes subject to transboundary movement;

(c) Information on the measures adopted by them in the implementation
of this Convention;

(d) Information on available qualified statistics – which have been
compiled by them on the effects on human health and the environment
of the generation, transportation, and disposal of hazardous wastes
– as part of the information required in conformity with Article 4
Section 3 (a) of this Convention;

(e) Information concerning bilateral, multilateral and regional
agreements and arrangements entered into pursuant to Article 11 of
this Convention;

(f) Information on accidents occurring during the transboundary
movements, treatment and disposal of hazardous wastes and on the
measures undertaken to deal with them;

(g) Information on treatment and disposal options operated within the
area under their national jurisdiction;

(h) Information on measures undertaken for the development of clean
production methods, including clean production technologies, for
the reduction and/or elimination of the production of hazardous
wastes; and

(i) Such other matters as the Conference of the Parties shall deem
relevant.

4. The Parties, consistent with national laws and regulations, shall
ensure that copies of each notification concerning any given
transboundary movement of hazardous wastes, and the response to it, are
sent to the Secretariat.

 

Author: international

Mentioned in these Entries

country.