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

Article 6
Transboundary Movement between Parties

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 or
other wastes Such notification shall contain the declarations and
information specified in Annex V A, written in a language acceptable to the
State of import. Only one notification needs to be sent to each State
concerned.

2. The State 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 which are Parties.

3. The State of export shall not allow the generator or exporter to
commence the transboundary movement until it has received written
confirmation that:

(a) The notifier has received the written consent of the State of import;
and
(b) The notifier has received from the State of import 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. However, if at any time a Party decides
not to require prior written consent, either generally or under specific
conditions, for transit transboundary movements of hazardous wastes or
other wastes, or modifies its requirements in this respect, it shall
forthwith inform the other Parties of its decision pursuant to Article 13.
In this latter case, if no response is received by the State of export
within 60 days of the receipt of a given notification by the State of
transit, the State of export may allow the export to proceed through the
State of transit.

5. In the case of a transboundary movement of 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 9 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 State 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 State of import, respectively; or

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

6. The State of export may, subject to the written consent of the States
concerned, allow the generator or the exporter to use a general
notification where hazardous wastes or other wastes having the same
physical and chemical characteristics are shipped regularly to the same
disposer via the same customs office of exit of the State of export 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.

7. The States concerned may make their written consent to the use of the
general notification referred to in paragraph 6 subject to the supply of
certain information, such as the exact quantities or periodical lists of
hazardous wastes or other wastes to be shipped.

8. The general notification and written consent referred to in paragraphs 6
and 7 may cover multiple shipments of hazardous wastes or other wastes
during a maximum period of 12 months.

9. The Parties shall require that each person who takes charge of a
transboundary movement of hazardous wastes or other 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.

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

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

Article 7
Transboundary Movement from a Party through
States which are not Parties

Paragraph 2 of Article 6 of the Convention shall apply mutatis mutandis to
transboundary movement of hazardous wastes or other 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 or other 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 90 days from the time that the
importing State informed the State of export and the Secretariat, or such
other period of time as the States concerned agree. To this end, the State
of export and any Party of transit shall not oppose, hinder or prevent the
return of those wastes to the State of export.

Article 9
Illegal Traffic

1. For the purpose of this Convention, any transboundary movement of
hazardous wastes or other wastes:

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

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

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

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

(e) that results in deliberate disposal (e.g. dumping) of hazardous
wastes or other wastes in contravention of this Convention and of general
principles of international law, shall be deemed to be illegal traffic.

2. In case of a transboundary movement of hazardous wastes or other 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:

(a) taken back by the exporter or the generator or, if necessary, by
itself into the State of export, or, if impracticable,

(b) are otherwise disposed of in accordance with the provisions of this
Convention,

within 30 days from the time the State of export has been informed about
the illegal traffic or such other period of time as States concerned may
agree. To this end the Parties concerned shall not oppose, hinder or
prevent the return of those wastes to the State of export.

3. In the case of a transboundary movement of hazardous wastes or other
wastes deemed to be illegal traffic as the result of conduct on the part of
the importer or disposer, the State of import shall ensure that the wastes
in question are disposed of in an environmentally sound manner by the
importer or disposer or, if necessary, by itself within 30 days from the
time the illegal traffic has come to the attention of the State of import
or such other period of time as the States concerned may agree. To this
end, the Parties concerned shall co-operate, as necessary, in the disposal
of the wastes in an environmentally sound manner.

4. In cases where the responsibility for the illegal traffic cannot be
assigned either to the exporter or generator or to the importer or
disposer, the Parties concerned or other Parties, as appropriate, shall
ensure, through co-operation, that the wastes in question are disposed of
as soon as possible in an environmentally sound manner either in the State
of export or the State of import or elsewhere as appropriate.

5. Each Party shall introduce appropriate national/domestic legislation to
prevent and punish illegal traffic. The Parties shall co-operate with a
view to achieving the objects of this Article.

Author: international

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