Basel Convention (Regional Centre for Training and Technology Transfer)

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/35.49.pdf

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bAsel Convention (regionAl Centre for

trAining And teChnology trAnsfer) ACt

ChAPter 35:49

Act

2 of 2008

Current Authorised Pages

Pages Authorised

(inclusive) by L.R.O.

1–36 ..

L.R.O.UNOFFICIAL VERSION


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note on subsidiary legislation

This Chapter contains no subsidiary legislation.

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ChAPter 35:49

bAsel Convention (regionAl Centre for

trAining And teChnology trAnsfer) ACt

ARRANGEMENT OF SECTIONS

seCtion

PArt i

PreliminAry

1. Short title.
2. Interpretation.

PArt ii

estAblishment of the Centre

3. Establishment and objectives of Centre.
4. Role and function of Centre.
5. Appointment of Director.
6. Responsibilities of Director.

PArt iii

steering Committee

7. Establishment of Steering Committee.
8. Role of Steering Committee.
9. Composition of Steering Committee.

10. Chairperson.
11. Meetings.

PArt iv

misCellAneous

12. Working language of Centre.
13. Finance.
14. Audit.
15. Reporting.
16. Liability.
17. Amendment of Schedules.

first sChedule.

seCond sChedule.

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ChAPter 35:49

bAsel Convention (regionAl Centre for

trAining And teChnology trAnsfer) ACt

An Act to establish the basel Convention regional Centre

for training and technology transfer for the

Caribbean region in trinidad and tobago and for

related matters.

[23RD APRIL 2008]

WhEREAS Trinidad and Tobago acceded to the Basel Convention

on the Control of Transboundary Movements of hazardous

Wastes and their Disposal on 18th February 1994:

And Whereas a Framework Agreement between the

Secretariat of the Basel Convention on the Control of

Transboundary Movements of hazardous Wastes and their

Disposal and the Government of the Republic of Trinidad and

Tobago on the Establishment of a Basel Convention Regional

Centre for Training and Technology Transfer for the Caribbean

Region was signed at Geneva on 29th October 2004:

And Whereas, pursuant to that Framework Agreement, it is

necessary to establish in Trinidad and Tobago a Basel

Convention Regional Centre for Training and Technology

Transfer for the Caribbean Region:

PArt i

PreliminAry

1. This Act may be cited as the Basel Convention (Regional

Centre for Training and Technology Transfer) Act.

2 of 2008.

Commencement.

Preamble.

Short title.

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2. In this Act—

“Agreement” means the Framework Agreement between the
Secretariat of the Basel Convention on the Control of
Transboundary Movements of hazardous Wastes and their
Disposal and the Government of the Republic of Trinidad
and Tobago on the Establishment of a Basel Convention
Regional Centre for Training and Technology Transfer for
the Caribbean Region signed at Geneva on 29th October
2004 and contained in the First Schedule;

“Basel Convention” means the Basel Convention on the Control
of Transboundary Movements of hazardous Wastes and
their Disposal, adopted on 22nd March 1989;

“Business Plan” means the document provided for in Decision
VI/4 of the Sixth Meeting of the Conference of the Parties
to the Basel Convention;

“Centre” means the Basel Convention Regional Centre for
Training and Technology Transfer for the Caribbean Region
established in Trinidad and Tobago;

“consultants and experts of the Centre” means consultants and
experts, whose posts are financed from the Trust Funds of the
Basel Convention, and who are selected and appointed by the
Director of the Centre in consultation with the Secretariat;

“Contracting Parties to the Basel Convention” means those
States and political and/or economic integration
organisations which ratified, accepted, formally confirmed,
approved or acceded to the Basel Convention following the
provisions of Articles 22 and 23 of the Basel Convention;

“Focal Points of the Basel Convention” means the government
institution designated by each Contracting Party to the
Basel Convention under the provisions of Article 5 of the
Basel Convention;

“international staff of the Centre” means officials of the Centre
whose posts are financed from the Basel Convention Trust
Funds in accordance with decisions of the Contracting
Parties to the Basel Convention, and who are appointed by
the Director, in consultation with the Secretariat;

Interpretation.

First Schedule.

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“Minister” means the Minister with responsibility for the
environment and the word Ministry shall be construed
accordingly;

“Parties of the Region” means the countries listed in the
Second Schedule;

“Project Document” means a formal document covering a
project, as defined below, which sets out, inter alia, the
need, results, outputs, activities, workplan, budget,
pertinent background, supporting data and any special
arrangements applicable to the execution of the project in
question signed by UNEP or the Secretariat and the Basel
Convention Regional Centre;

“Secretariat” means the Secretariat of the Basel Convention;

“Steering Committee” means the Committee established under
section 7;

“Trust Funds” means the Basel Convention Trust Funds
established under the Basel Convention with the scope of
providing financial support for the ordinary expenditure of
the Secretariat of the Basel Convention and the Technical
Co-operation Trust Fund of the Basel Convention
established for the purpose of assisting developing
countries and other countries in need of technical assistance
in the implementation of the Basel Convention;

“UNEP” means United Nations Environment Programme.

PArt ii

estAblishment of the Centre

3. (1) There is established a body corporate to be known
as the Basel Convention Regional Centre for Training and
Technology Transfer for the Caribbean Region.

(2) The Centre shall provide services for the
implementation of the Basel Convention to the Parties of the
Region.

4. (1) The role of the Centre is to assist the Parties of the
region, through capacity building to achieve the objectives of the
Basel Convention.

Second
Schedule.

Establishment
and objectives
of Centre.

Role and
function of
Centre.

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(2) The core functions of the Centre are as follows:

(a) training;

(b) technology transfer;

(c) information dissemination;

(d) consulting; and

(e) awareness raising.

(3) The core functions of the Centre include but are not
limited to the following activities:

(a) developing and conducting training
programmes, workshops, seminars and
associated projects in the field of the
environmentally sound management of
hazardous wastes, transfer of environmentally
sound technology and minimisation of the
generation of hazardous wastes with specific
emphasis on training the trainers and the
promotion of ratification and
implementation of the Basel Convention and
its instruments;

(b) identifying, developing and strengthening
mechanisms for the transfer of technology in
the field of the environmentally sound
management of hazardous wastes or their
minimisation in the region;

(c) gathering, assessing and disseminating to
Parties of the Region and to the Secretariat
information relating to hazardous wastes and
other wastes;

(d) collecting information on new or proven
environmentally sound technologies and know-
how relating to environmentally sound
management and minimisation of the
generation of hazardous wastes and other
wastes and disseminating these to Parties of the
Region at their request;

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(e) establishing and maintaining regular exchange
of information relevant to the provisions of the
Basel Convention, and networking at the
national and regional levels;

(f) organising meetings, symposiums and
missions in the field, useful for carrying out
these objectives in the region;

(g) providing assistance and advice to the Parties
and non-Parties of the Region at their request,
on matters relevant to the environmentally
sound management or minimisation of
hazardous wastes, the implementation of the
provisions of the Basel Convention and other
related matters;

(h) promoting public awareness of the
objectives of the Basel Convention;

(i) encouraging the best approaches, practices and
methodologies for the environmentally sound
management and minimisation of the generation
of hazardous wastes and other wastes through
case studies and pilot projects;

(j) co-operating with the United Nations and its
bodies, in particular UNEP and the
specialised agencies, and with other
relevant inter-governmental organisations,
industry and non-governmental organisations,
and, where appropriate, with any other
institution, in order to co-ordinate activities and
develop and implement joint projects related to
the provisions of the Basel Convention and
develop synergies where appropriate with other
multilateral environmental agreements;

(k) developing, within the general financial
strategy approved by the Parties of the Region,
the Centre’s own strategy for financial
sustainability;

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(l) co-operating in mobilisation of human,
financial and material means in order to meet
the urgent needs at the request of the Parties of
the Region faced with incidents or accidents
which cannot be solved with the means of the
individual Parties of the region concerned; and

(m) performing any other functions assigned to it by
relevant decisions of the Conference of the
Parties of the Basel Convention or by Parties of
the Region, consistent with such decisions.

5. (1) The Centre shall be managed by a full-time Director
and such other staff as the Centre may require for the effective
and efficient carrying out of its regional role.

(2) The Minister, in consultation with the Secretariat,
shall appoint a Director for such period and on such terms as
agreed between the Parties.

(3) The posts of the Director and of the staff shall be
funded as part of the contribution provided by the Government
towards the operating costs of the Centre as stipulated in
Annex II of the Agreement.

(4) Where approved by the Contracting Parties to the
Basel Convention, contributions towards the salary of the
Director may be made by interested Contracting Parties to the
Basel Convention.

6. (1) The Director shall be the chief administrative officer
of the Centre and, subject to the provisions of the Agreement,
shall have overall responsibility for the activities and
administration of the Centre.

(2) An individual shall be disqualified from being
appointed to or from continuing in the post of the Director
where he is—

(a) under eighteen years of age;

(b) mentally ill, within the meaning of the Mental
health Act;

Appointment of
Director.

Responsibilities
of Director.

Ch. 28:02.

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(c) a declared bankrupt;

(d) undergoing or is to undergo a term of
imprisonment or to complete a term of
imprisonment;

(e) acting or displaying such behaviour
or actions that would impute a conflict
of interest in the appointment as or
continuation in the post of Director.

(3) The Director, in consultation with—

(a) the Minister, shall appoint the national staff of
the Centre;

(b) the Secretariat, shall appoint the international
staff, consultants and experts of the Centre.

(4) The Director, in promoting the regional role of the
Centre, shall—

(a) administer the Centre and its programmes with
a view to ensuring that the Centre performs its
regional role in accordance with relevant
provisions of the Basel Convention and related
decisions of the Conference of the Parties;

(b) prepare a Business Plan for the Centre for
submission to the Steering Committee for its
review and endorsement;

(c) report on the implementation of the
activities in the Business Plan to the Conference
of the Parties to the Basel Convention through
the Secretariat;

(d) appoint national and international staff,
consultants and experts of the Centre,
in accordance with the provisions of
Article XII;

(e) develop and implement strategies to ensure the
appropriate funding for programmes and
institutional activities of the Centre, relevant to
its regional role;

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(f) arrange all matters relating to the preparation
and publication of materials produced by the
Centre, having in view the objectives of the
Centre and its regional role; and

(g) perform such other duties as may be required
pursuant to relevant decisions of the Conference
of the Parties to the Basel Convention.

PArt iii

steering Committee

7. There is established a Steering Committee to advise
the Centre on the development and implementation of the
activities relevant to its regional role and to enhance national
support of its activities from Parties of the Region.

8. The Steering Committee shall develop and endorse the
Business Plan for the Centre and oversee its implementation.

9. (1) The Steering Committee shall consist of not less
than eight members and shall include a representative from the—

(a) Republic of Trinidad and Tobago;

(b) Spanish-speaking Parties;

(c) Windward Islands Parties;

(d) Leeward Islands Parties; and

(e) Mainland and larger island Parties.

(2) The members of the Steering Committee shall be
experts of recognised standing and experience in the sound
management of hazardous wastes and other wastes.

(3) For the purposes of this section—

(a) “Windward Islands Parties” means St. Lucia,
St. Vincent and the Grenadines and the
Commonwealth of Dominica;

(b) “Leeward Islands Parties” means Antigua and
Barbuda and the Federation of St. Kitts and
Nevis; and

Establishment
of Steering
Committee.

Role of
Steering
Committee.

Composition of
Steering
Committee.

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(c) “Mainland and larger island Parties” means
Belize, Jamaica and Guyana.

10. The members of the Steering Committee shall elect by
consensus, a Chairperson and a Vice-Chairperson from among
its members who shall hold office for a period of two years.

11. (1) The Chairperson, in consultation with the
Secretariat and the Director, shall convene the ordinary meetings
of the Steering Committee when required and at least once
every year.

(2) The Chairperson may convene extraordinary
meetings in consultation with the Secretariat.

(3) Meetings of the Steering Committee may be held in
conjunction with other meetings organised by the Centre.

(4) The rules and procedures of the Conference of the
Parties to the Basel Convention shall apply mutatis mutandis to
the meetings organised by the Centre.

(5) A representative of the Secretariat and the Director
shall participate in the meetings of the Steering Committee
ex officio.

(6) The Chairperson may invite donors and other
stakeholders including relevant non-governmental organisations,
entities, private sector organisations, academic institutions, or
other organisations from within and outside the Caribbean Region
to attend the meetings of the Steering Committee as observers.

(7) Meetings of the Steering Committee shall be
properly convened when a quorum is present.

(8) Six members of the Steering Committee
constitute a quorum.

PArt iv

misCellAneous

12. The working language of the Centre is English.

Chairperson.

Meetings.

Working
language of
Centre.

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13. (1) The financial resources of the Centre comprise—

(a) contributions from the Trust Funds in
accordance with the relevant decisions of the
Conference of the Contracting Parties to the
Basel Convention and subject to the availability
of resources in the Trust Funds;

(b) voluntary contributions by Parties of the Region;

(c) funds directly received from other Contracting
Parties to the Basel Convention and non-Parties
to the Basel Convention, industry, research
institutes, foundations, the United Nations and
other relevant international and national
organisations and bodies, subject to the
conditions stipulated in the Agreement;

(d) funds received for services provided by
the Centre;

(e) funds provided by the Government in accordance
with Article XI of the Agreement; and

(f) other bona fide funds received by the Centre.

(2) The Centre may also receive contributions of a
non-financial nature.

(3) The acceptance by the Centre of any voluntary
contribution or donation shall in every case be subject to the
express written agreement of the Secretariat, upon the
recommendation of the Director, in order to avoid conflict of
interest between the goals and objectives of the Basel
Convention and the donors.

(4) The Centre shall keep a separate account for each
of the following:

(a) funds and resources received from the Trust
Fund and other external sources; and

(b) funds and resources received through
appropriations by the Government,

in the currency in which they are to be remitted.

Finance.

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(5) The financial resources shall be available to the
Centre for the implementation of its programme of work in
conformity with the Project Document signed for that purpose
by the Centre and the UNEP or the Secretariat.

(6) Activities of the Centre which are not related to its
regional role shall be financed solely from funds provided by
the Government.

14. (1) An external biennial review of the activities of
the Centre shall be carried out by an auditor selected jointly by
the Steering Committee and the Secretariat.

(2) Within thirty days of the completion of the review
under subsection (1), a report of such review shall be submitted to—

(a) the Steering Committee;

(b) the Secretariat; and

(c) the Minister.

15. (1) The Centre shall make biannual reports of its
activities to the Focal Points of the Basel Convention of the
Parties of the Region, the Secretariat, the Basel Convention
Co-ordinating Centre for Training and Technology Transfer for
the Latin America and Caribbean Region, non-governmental
organisations, entities, private sector organisations, academic
institutions or other organisations which participate in the
activities of the Centre.

(2) The Centre shall submit an annual report of its
Business Plan, financial income and expenditure to the
Secretariat and the Minister.

16. (1) The Government shall be responsible for dealing
with any legal action, claim or other demand against the United
Nations, UNEP, the Conference of the Parties to the Basel
Convention and the Secretariat or their officials arising out of—

(a) injury to persons or damage to or loss of property
in the premises that are provided or are under the
control of the Centre or the Government;

Audit.

Reporting.

Liability.

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(b) injury to persons or damage to or loss of
property caused by, or incurred in using, the
transport services provided or arranged by the
Centre or the Government; and

(c) the employment of personnel for the Centre or
its meetings, and activities of staff, international
staff, consultants and experts.

(2) The Government shall indemnify the United
Nations, UNEP, the Conference of the Parties to the Basel
Convention, the Secretariat and their officials in respect of any
such legal action, claim or other demand except when such
injury or damage was caused by gross negligence or wilful
misconduct of those officials.

17. The Minister may, by Order, amend the Schedules for
the purposes of bringing the Agreement into accord with any
amendments made under Article XIX.

Amendment of
Schedules.

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first sChedule

the Agreement

Framework Agreement

between

The Secretariat of the Basel Convention on the Control of Transboundary
Movements of hazardous Wastes and their Disposal

and

The Government of the Republic of Trinidad and Tobago

on

The establishment of a Basel Convention Regional Centre for
Training and Technology Transfer for the Caribbean Region

The Secretariat of the Basel Convention on the Control of Transboundary
Movement of Hazardous Wastes and their Disposal, acting on behalf of the
Conference of the Parties to the Convention, and the Government of the
Republic of Trinidad and Tobago,

Bearing in mind Article 14 of the Basel Convention on the Control of
Transboundary Movement of hazardous Wastes and their Disposal of
22nd March 1989, which calls for the establishment of the regional
centres for training and technology transfer regarding the management of
hazardous wastes and other wastes and the minimisation of their generation;

Recognising that co-operation among the States at the regional level in
the field of training and technology transfer facilitates the environmentally
sound management of hazardous wastes and other wastes, the minimisation of
their generation, and the monitoring and control of the transboundary
movement of such wastes;

Recalling Decision III/19 of the third meeting of the Conference of the
Parties to the Basel Convention which selected the Republic of Trinidad and
Tobago as the seat for a Basel Convention Regional Centre for Training and
Technology Transfer for the Caribbean Region;

Noting with appreciation the interest expressed by the Republic of
Trinidad and Tobago to host the Basel Convention Regional Centre;

Recalling Decision V/5 of the fifth meeting of the Conference of the
Parties which emphasised the need for the enhancement of the legal status of
the centres as a way to attract additional financial support and the necessity of
developing a framework agreement;

Recalling also Decision VI/3 of the sixth meeting of the Conference of
the Parties by which the latter adopted a core set of elements for the

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Framework Agreements, endorsed the mechanism of establishing the Basel
Convention Regional Centres by the signature of the Framework Agreements,
and mandated the Secretariat of the Basel Convention to negotiate and sign
each Agreement in the name of the Conference of the Parties with the
representative of the Government of the country hosting the Centre;

Recalling further Decisions VI/1, VI/2 and VI/3 of the sixth meeting of
the Conference of the Parties in which the latter endorsed the role of Basel
Convention Regional Centres in implementing the Basel Declaration and the
priority actions of the Strategic Plan of the Basel Convention, using
contributions from the Basel Convention Trust Funds in accordance with the
criteria and procedure established under Decision VI/2;

have agreed as follows:

ArtiCle i

definitions

For the purpose of this Agreement, the following definitions shall apply
unless the context otherwise requires:

(a) “Agreement” means the Framework Agreement between the
Secretariat of the Basel Convention on the Control of
Transboundary Movements of hazardous Wastes and their
Disposal and the Government of the Republic of Trinidad
and Tobago on the Establishment of a Basel Convention
Regional Centre for Training and Technology Transfer for
the Caribbean Region;

(b) “Basel Convention” means the Basel Convention on the
Control of Transboundary Movements of hazardous Wastes
and Their Disposal, adopted on 22nd March 1989;

(c) “Business Plan” means the document provided for in
Decision VI/4 of the sixth meeting of the Conference of the
Parties to the Basel Convention;

(d) “Centre” means the Basel Convention Regional Centre for
Training and Technology Transfer for the Caribbean Region
situate for the time being at the Caribbean Research Institute
at Tunapuna Post Office, Trinidad, West Indies, Trinidad
and Tobago;

(e) “Competent authorities” means national, provincial,
municipal and other competent authorities that are so
designated under the laws of the Republic of Trinidad
and Tobago;

(f) “Consultants and experts of the Centre” means
consultants and experts, whose posts are financed from the

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Trust Funds of the Basel Convention, and who are selected
and appointed by the Director of the Centre in consultation
with the Secretariat;

(g) “Contracting Parties to the Basel Convention” means those
States and political and/or economic integration
organisations which ratified, accepted, formally
confirmed, approved or acceded to the Basel Convention
following the provisions of Articles 22 and 23 of the
Basel Convention;

(h) “Director” means the director of the Regional Centre
appointed by the Government in consultation with the
Secretariat and whose post is financed as provided under
Article XII paragraph 5 of the present Agreement;

(i) “Focal Points of the Basel Convention” means the
government institution designated by each Contracting Party
to the Basel Convention under the provisions of Article 5
of the Basel Convention;

(j) “General Convention” means the Convention on the
Privileges and Immunities of the United Nations adopted by
the General Assembly of the United Nations on 13th
February 1946, to which Trinidad and Tobago acceded on
12th February 1994 without any reservation;

(k) “Government” means the Government of the Republic of
Trinidad and Tobago;

(l) “International staff of the Centre” means officials of the
Centre whose posts are financed from the Basel Convention
Trust Funds in accordance with decisions of the Contracting
Parties of the Basel Convention, and who are appointed by
the Director, in consultation with the Secretariat;

(m) “Line Ministry” means the Ministry in the Republic of
Trinidad and Tobago which has been designated by the
Government to bear responsibility for the Centre;

(n) “National Staff” means staff of the Centre appointed by the
Director and financed by the Government;

(o) “Party” means the Secretariat or Government as the case
may be and “Parties” means both of them;

(p) “The Project Document” means a formal document covering
a project, as defined below, which sets out, inter alia, the
need, results, outputs, activities, workplan, budget, pertinent
background, supporting data and any special arrangements
applicable to the execution of the project in question signed

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by UNEP or the Secretariat and the Basel Convention
Regional Centre;

(q) “Secretariat” means the Secretariat of the Basel Convention;

(r) “Staff of the Centre” means the Director and the national staff
of the Centre, whose posts are financed by the Government;

(s) “Steering Committee” means the Committee provided for in
Article VII of this Agreement;

(t) “Trust Funds” means the Basel Convention Trust Funds
established under the Basel Convention with the scope of
providing financial support for the ordinary expenditure of
the Secretariat of the Basel Convention and the Technical
Co-operation Trust Fund of the Basel Convention
established for the purpose of assisting developing countries
and other countries in need of technical assistance in the
implementation of the Basel Convention;

(u) “UNEP” means United Nations Environment Programme.

ArtiCle ii

PurPose of the Agreement

1. The purpose of this Agreement is to provide for the establishment of the
Basel Convention Regional Centre for Training and Technology Transfer for the
Caribbean Region and to set forth the terms and conditions under which such
Centre shall operate pursuant to the relevant provisions of the Basel Convention
and related decisions of the Conference of the Parties to the Basel Convention.

2. The Centre referred to in paragraph 1 above shall be an autonomous
institution with its own legal personality and shall be established by the
Government upon the recommendation of the line Ministry and in consultation
with the Secretariat within [one year1] [two years2] one hundred and eighty
(180) days from the date of entry into force of this Agreement no later than
31st October 20073/31st January 20084 .

1 Amended by exchange of letters (request for amendment dated 22nd April 2005 from the Permanent Mission

of Trinidad and Tobago, and response of Secretariat dated 23rd May 2005 accepting request).

2 Amended by exchange of letters (request for amendment dated 7th November 2005 from the Permanent

Mission of Trinidad and Tobago, and response of Secretariat dated 15th November 2005 accepting request).

3 Amended by exchange of letters (request for amendment dated 27th October 2006 from the Permanent

Mission of Trinidad and Tobago, and supporting letter dated 23rd November 2006 from the honourable

Minister of Public Utilities and the Environment, and response of Secretariat dated 18th December 2006).

4 Amended by exchange of letters (request for amendment dated 2nd November 2007 from the Permanent

Mission of Trinidad and Tobago, and response of Secretariat dated 23rd November 2007 accepting request).

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ArtiCle iii

estAblishment And legAl stAtus of the bAsel

Convention regionAl Centre for trAining And

teChnology trAnsfer for the CAribbeAn region

1. The Centre shall be established in the Republic of Trinidad and

Tobago. It shall be located at the Caribbean Research Institute (“CARIRI”),

situate at the Tunapuna Post Office, Trinidad, West Indies, Trinidad and

Tobago or at such other suitable location as the Government with the consent

of the Secretariat and the Steering Committee shall designate, such consent to

not be unreasonably withheld.

2. Subject to the relevant provisions of this Agreement, the Centre,

which will be a national institution established under the laws and regulations

of the Republic of Trinidad and Tobago, shall operate at all times in

accordance with the laws and regulations of the Republic of Trinidad

and Tobago.

3. The Centre shall have a regional role defined in accordance with the

relevant decisions of the Conference of the Parties to the Basel Convention.

4. Activities of the Centre which are not related to its regional role shall

be defined by the competent authorities of the Republic of Trinidad and

Tobago. The Government of the Republic of Trinidad and Tobago and the

Centre shall ensure that such activities do not interfere with or affect the

regional role of the Centre and the commitments and obligations under

this Agreement.

5. The Centre shall have the capacity, in accordance with the national

laws and regulations of the Republic of Trinidad and Tobago:

(a) To contract;

(b) To acquire and dispose of movable and immovable property;

(c) To institute legal proceedings.

ArtiCle iv

regionAl role of the Centre

1. The Centre shall provide services for the implementation of the

Basel Convention to the Contracting Parties to the Basel Convention

consenting to be served by the Centre whose names are included in Annex III

to this Agreement.

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2. Any other Contracting Party to the Basel Convention from the

Caribbean Region may at any time express their consent to be served by the

Centre through a written communication to the Director of the Centre, which

shall thereafter be transmitted to the Secretariat pursuant to Article XIX,

paragraph 6 below.

3. Subject to the agreement of the Steering Committee provided for in

Article VII of this Agreement, any Contracting Party to the Basel Convention

not included in Annex III, non-governmental organisation, entity, private

sector organisation, academic institution, or other organisation may

participate in the activities of the Centre.

ArtiCle v

funCtions of the Centre relevAnt to

its regionAl role

1. The core functions of the Centre are described in Annex I to the

present Agreement. These functions may be subject to periodic review by the

Conference of the Parties to the Basel Convention.

2. The Centre shall implement activities in accordance with the

relevant decisions of the Conference of the Parties to the Basel Convention

and the Business Plan of the Centre referred to in Article VII, paragraph 2 of

this Agreement.

ArtiCle vi

governAnCe And rePorting

1. The activities of the Centre relevant to its regional role shall be carried

out under the general guidance and in close co-ordination with the Secretariat.

2. The Secretariat shall co-ordinate the activities of the Centre with the

work of other Basel Convention Regional Centres as well as with the relevant

activities of the Contracting Parties to the Basel Convention, international

organisations, programmes, funds and other institutions established by

relevant global and regional conventions.

3. The Centre shall keep the Focal Points of the Basel Convention of

the Contracting Parties served by the Centre, the Secretariat, the Basel

Convention Co-ordinating Centre for Training and Technology Transfer for

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the Latin America and Caribbean Region, non-governmental organisations,

entities, private sector organisations, academic institutions or other

organisations which participate in the activities of the Centre, periodically

informed on its activities.

4. The Centre shall submit annually a report to the Secretariat on the

implementation of its Business Plan, financial income and expenditures. The

Government shall also receive a copy of this report.

ArtiCle vii

steering Committee

1. A Steering Committee shall be established to advise the Centre on

the development and implementation of the activities of the Centre relevant to

its regional role and to enhance national support of its activities from

Contracting Parties served by the Centre.

2. The Steering Committee shall develop and endorse the Business

Plan for the Centre for each biennium and oversee its implementation.

3. The Steering Committee shall be composed of eight (8)

members nominated by the Contracting Parties served by the Centre through

a process of consultations, for a period of two (2) years. The representative of

the Republic of Trinidad and Tobago shall be one of these eight (8) members.

The Contracting Parties, when making nominations, shall seek to ensure

representation on the Steering Committee at all times of at least one member

from each of the following four groups: the Spanish-speaking Parties; the

Windward Islands Parties; the Leeward Islands Parties; and, the Mainland and

larger island Parties.

4. The members of the Steering Committee shall be experts of

recognised standing and experience in the sound management of hazardous

wastes and other wastes.

5. The representative of the Secretariat and the Director of the Centre

shall participate in the meetings of the Steering Committee ex officio.

6. Donors and other stakeholders including relevant non-governmental

organisations, entities, private sector organisations, academic institutions, or

other organisations from within and outside the Caribbean Region may be

invited to attend the meetings of the Steering Committee as observers.

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7. The Contracting Parties shall transmit the nominations made

pursuant to paragraph 3 above to the Director of the Centre within sixty (60)

days from entry into force of the present Framework Agreement. The first

meeting of the Steering Committee shall be convened by the Director of the

Centre in consultation with the Secretariat within a period of ninety (90) days

from establishment of the Centre by the Government5.

8. The members of the Steering Committee shall elect by

consensus the Chairperson and the Vice-Chairperson of the Committee from

among its members. The Chairperson and the Vice-Chairperson so elected

shall hold office for a period of two (2) years.

9. The Chairperson, in consultation with the Secretariat and the

Director of the Centre, shall convene the ordinary meetings of the Steering

Committee when required and at least once every calendar year.

Extraordinary meetings may be convened by the Chairperson in consultation

with the Secretariat. Meetings of the Steering Committee may be held in

conjunction with other meetings organised by the Centre.

10. Business may be transacted at any meeting of the Steering

Committee only while a quorum is present. The quorum at a meeting of the

Steering Committee shall be six (6) of the Contracting Party members

nominated pursuant to paragraph 3 above.

11. Each Contracting Party whose expert is a member of the Steering

Committee shall defray the expenses to be incurred by that member while

performing the Steering Committee’s duties.

12. Each Contracting Party shall keep the Director of the Centre

informed of the name and contact details of its member of the Steering

Committee, and shall promptly inform the Director of the Centre when a

member is appointed to or ceases to serve on the Steering Committee.

13. The Government shall designate a competent national

authority/committee to mobilise and co-ordinate the national inputs of

Trinidad and Tobago into the Centre.

5 Amended by exchange of letters (request for amendment dated 22nd April 2005 from the

Permanent Mission of Trinidad and Tobago, and response of Secretariat dated 23rd May 2005

accepting request).

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ArtiCle viii

PArtiCiPAnts in meetings And ACtivities orgAnised

by the Centre

1. Meetings and activities organised by the Centre shall be open to

participants designated by the Focal Points of the Basel Convention of the

Contracting Parties served by the Centre.

2. Any other Contracting Party, States, non-governmental

organisations, entities, private sector organisations, academic institutions or

other organisations may be invited to the meetings organised by the Centre,

subject to the agreement of the Steering Committee.

ArtiCle iX

Working lAnguAge, rules And ProCedures

of the Centre

1. The working language of the Centre in carrying out its regional role

shall be English.

2. The meetings organised by the Centre shall apply mutatis mutandis the

rules and procedures of the Conference of the Parties to the Basel Convention.

3. Communications between the Centre and the Secretariat shall be

in English.

ArtiCle X

finAnCiAl resourCes And Contributions

1. The financial resources of the Centre shall be composed of:

(a) Contributions from the Trust Funds in accordance with the

relevant decisions of the Conference of the Contracting

Parties to the Basel Convention and subject to the

availability of resources in the Trust Funds;

(b) Voluntary contributions of Contracting Parties served by

the Centre;

(c) Funds directly received from other Contracting Parties, non-
Parties, industry, research institutes, foundations, the United

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Nations and other relevant international and national
organisations and bodies, etc., subject to the conditions
stipulated in this Agreement;

(d) Funds received for services provided by the Centre;

(e) Funds provided by the Government in accordance with
Article XI of this Agreement and as provided in Annex II;

(f) Other bona fide funds that are received by the Centre.

2. The Centre may also receive contributions of a non-financial nature.

3. The Conference of the Parties to the Basel Convention shall at each
meeting review the financial status of the Centre as presented by the Director
through the Secretariat, and make such recommendations to the Centre as it
may deem appropriate.

4. The acceptance by the Centre of any voluntary contribution or donation
whether of a financial or non-financial nature shall in every case be subject to
the express written agreement of the Secretariat, upon the recommendation of
the Director of the Centre, in order to avoid conflict of interest between the
goals and objectives of the Basel Convention and the donors.

5. The financial resources provided to the Centre from the Trust Funds
shall be kept in the account of the Centre at a bank in the Republic of Trinidad
and Tobago in the currency in which they are to be remitted. These resources
shall be available to the Centre for the implementation of its programme of
work in conformity with the Project Document signed for that purpose by the
Centre and the UNEP or the Secretariat.

6. The Centre and the Secretariat, individually or jointly, may seek
additional financial or in-kind support for the Centre from sources other than
the Trust Funds.

7. Activities of the Centre which are not related to its regional role shall
be financed solely from funds provided by the Government.

8. An external biennial review of the activities and accounts of the
Centre shall be carried out by an auditor selected jointly by the Steering
Committee and the Secretariat.

9. Within thirty (30) days of the completion of the review at
paragraph 8 above, a report of such review shall be submitted to the
Steering Committee and the Secretariat. The report shall also be submitted
to the Government through the line Ministry.

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ArtiCle Xi

Contribution of the host government

1. The Government shall provide, free of charge, adequate premises for
the Centre and the personnel needed for its activities, including but not limited
to appropriate premises and standard office and telecommunications
equipment. It shall be responsible for the adequate and timely maintenance of
the premises and shall further provide financial and in-kind contributions
to the operational costs of the Centre as specified in Annex II of the
present Agreement.

2. Any and all funds provided by the Government to the Centre in
accordance with this Agreement or requested by the Centre from the
Government shall be duly accounted by the Centre to the line Ministry in the
manner so specified and required by the relevant laws of Trinidad and Tobago.

ArtiCle Xii

stAff, internAtionAl stAff, ConsultAnts And

eXPerts of the Centre

1. The Centre shall comprise a full-time Director and such staff as
the Centre may require for the effective and efficient carrying out of its
regional role.

2. The Director may be a national of Trinidad and Tobago, appointed
by the Government upon the recommendation of the line Ministry in
consultation with the Secretariat for such period and on such terms as agreed
to by the Parties.

3. The Director shall be the chief administrative officer of the Centre
and, subject to the provisions of this Agreement, shall have overall
responsibility for the activities and administration of the Centre.

4. An individual shall be disqualified from being appointed as or
continuing in the post of the Director of the Centre where such individual is:

(a) under eighteen years of age;

(b) mentally ill;

(c) an undischarged bankrupt having been so adjudged by a
competent Court of law or otherwise declared
bankrupt under any applicable law;

(d) undergoing or is to undergo a term of imprisonment or to
complete a term of imprisonment;

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(e) acts or displays such behaviour or actions that would impute
a conflict of interest in the appointment as or continuation in
the post of Director of the Centre.

5. The posts of the Director and of the staff shall be funded as part of
the contribution provided by the Government towards the operating costs of
the Centre as stipulated in Annex II of the present Agreement. If approved by
the Contracting Parties of the Basel Convention, contributions towards the
salary of the Director may be made by interested Contracting Parties of the
Basel Convention.

6. The national staff shall be appointed by the Director in accordance
with such terms and conditions as the best practice at the time dictates. The
Director may consult with the Government through the line Ministry in
respect of such appointments.

7. The international staff of the Centre shall be appointed by the
Director in consultation with the Secretariat. The international staff shall be
appointed from among qualified applicants responding to the vacancy
announcements circulated by the Secretariat to the Focal Points of the Basel
Convention.

8. Consultants and experts of the Centre shall be selected and appointed
by the Director in consultation with the Secretariat.

ArtiCle Xiii

funCtions, duties And resPonsibilities of the direCtor

In ensuring the regional role of the Centre, the Director shall:

(a) Administer the Centre and its programmes with a view to
ensuring that the Centre performs its regional role in
accordance with relevant provisions of the Basel Convention
and related decisions of the Conference of the Parties;

(b) Prepare a Business Plan of the Centre for submission to the
Steering Committee for its review and endorsement;

(c) Serve as Secretary to the Steering Committee;

(d) Report on the implementation of the activities in the
Business Plan to the Conference of the Parties to the Basel
Convention through the Secretariat;

(e) Appoint national and international staff, consultants and
experts of the Centre, in accordance with the
provisions of Article XII above;

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(f) Develop and implement strategies to ensure the
appropriate funding for programmes and institutional
activities of the Centre, relevant to its regional role;

(g) Arrange all matters relating to the preparation and
publication of materials produced by the Centre, having in
view the objectives of the Centre and its regional role;

(h) Perform such other duties as may be required pursuant to
relevant decisions of the Conference of the Parties to the
Basel Convention.

ArtiCle Xiv

Privileges And immunities

1. The representatives of the Contracting Parties to the Basel

Convention participating in meetings and other activities organised by the

Centre in the territory of the Republic of Trinidad and Tobago shall enjoy the

privileges and immunities equivalent to those provided for in Article IV of

the General Convention.

2. The officials of the United Nations on mission to provide assistance

to the Centre or to participate in meetings and other activities of the Centre

shall enjoy the privileges and immunities, exemptions and facilities provided

for in Articles V and VII of the General Convention.

3. International staff of the Centre shall enjoy the privileges and

immunities, exemptions and facilities equivalent to those provided for in

Articles V, VI and VII of the General Convention.

4. Internationally-recruited consultants and experts of the Centre shall

enjoy the privileges and immunities, exemptions and facilities equivalent to

those provided for in Articles VI and VII of the General Convention.

5. Consultants and experts on mission to provide assistance to the

Centre or to participate in meetings and other activities of the Centre, shall

enjoy the privileges and immunities, exemptions and facilities equivalent to

those provided for in Articles VI and VII of the General Convention.

6. The representatives of the Specialised Agencies and their Officials
participating in meetings and other activities organised by the Centre in the
territory of the Republic of Trinidad and Tobago, shall enjoy, as appropriate,
the privileges and immunities provided for in the 1947 Convention on the
Privileges and Immunities of the Specialised Agencies.

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7. All participants in meetings and activities of the Centre relevant to
its regional role shall enjoy immunity from legal process in respect of words,
spoken or written and any act performed by them in connection with their
participation in meetings and activities.

8. The Government shall take the necessary steps to ensure that the
entry into and exit from Trinidad and Tobago for all persons referred to in
paragraphs 1 to 7 above are facilitated without delay. Visas and entry/exit
permits, where required, shall be granted to them free of charge and as
promptly as possible.

9. National staff of the Centre shall be accorded the appropriate
facilities necessary for the independent exercise of their functions and duties
for the Centre relevant to its regional role.

10. Distinguished guests officially invited to attend meetings and other
activities of the Centre shall be given unrestricted access to the meetings and
activity areas and the premises of the Centre.

11. Provided that all privileges and immunities that fall to be applied
under this Agreement shall not exempt from legal action any person who
abuses the privileges and immunities so accorded for purposes of illegal drug
trafficking, terrorist or fraudulent activity.

ArtiCle Xv

ProPerty, funds And Assets of the Centre

1. The property, funds and assets of the Centre held and administered on

behalf of UNEP, and those held and administered on behalf of the Contracting

Parties to the Basel Convention, wherever located and by whomsoever held,

shall enjoy the privileges and immunities, exemptions and facilities equivalent

to those provided for in Article II of the General Convention.

2. Property, funds and assets transferred to the Centre pursuant to the

Project Document signed between the Centre and UNEP or between the

Centre and the Secretariat, in the carrying out by the Centre of its regional role

shall enjoy the privileges and immunities, exemptions and facilities

equivalent to those provided for in Article II of the General Convention.

3. Provided that property, funds and assets accorded privileges and

immunities, exemptions and facilities above shall not be utilised for purposes

of illegal drug trafficking, terrorist or fraudulent activity.

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ArtiCle Xvi

liAbility

1. The Government shall be responsible for dealing with any legal
action, claim or other demand against the United Nations, UNEP, the
Conference of the Parties to the Basel Convention and the Secretariat or their
officials and arising out of:

(a) Injury to persons or damage to or loss of property in the
premises that are provided or are under the control of the
Centre or the Government;

(b) Injury to persons or damage to or loss of property caused by,
or incurred in using, the transport services provided or
arranged by the Centre or the Government;

(c) The employment of personnel for the Centre or its meetings,
and activities of staff, international staff, consultants
and experts.

2. The Government shall indemnify and hold harmless the United
Nations, UNEP, the Conference of the Parties to the Basel Convention, the
Secretariat and their Officials in respect of any such legal action, claim or
other demand except when such injury or damage was caused by the
negligence or wilful misconduct of Officials referred to above.

ArtiCle Xvii

settlement of disPutes

1. The Secretariat and the Government shall endeavour to settle any
dispute concerning the interpretation or implementation of the present
Agreement by negotiation or other agreed mode of amicable settlement.

2. Any dispute between the Secretariat and the Government which is
not settled by negotiation or other agreed mode of amicable settlement within
forty five (45) days after receipt by one Party of the other Party’s request, shall
be submitted, at the request of either Party to the dispute, to an arbitral
tribunal composed of three members. Each Party shall appoint one arbitrator
and the two arbitrators so appointed shall appoint a third, who shall be the
Chairman. If within thirty (30) days of the request for arbitration either Party
fails to appoint an arbitrator, or if within fifteen (15) days of the appointment
of two arbitrators the third arbitrator has not been appointed, either Party may
request the President of the International Court of Justice to appoint an
arbitrator. The procedure for the arbitration shall be determined by the
arbitrators, and the expenses of the arbitration shall be borne by the Parties as

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assessed by the arbitrators. The arbitral tribunal shall reach its decision by a
majority of votes on the basis of the applicable rules of international law. The
arbitral award shall contain a statement of the reasons on which it is based and
shall be accepted by the Parties as the final adjudication of the dispute, even
if rendered in default of one of the Parties.

3. In any arbitration concerning a commercial dispute arising out of, or
in accordance with this Agreement or breach thereof—

(a) proceedings shall, unless otherwise agreed by the Parties, be
held in the Republic of Trinidad and Tobago;

(b) the English language shall be the official language for all
purposes;

(c) proceedings shall be settled in accordance with
UNCITRAL Arbitration Rules in force at the time of the
dispute; and

(d) the decision of the majority of the arbitrators (or of the third
arbitrator if there is no such majority) shall be final and
binding and shall be enforceable in any Court of competent
jurisdiction, and the Parties hereby waive any objections to
or claims of immunity in respect of such enforcement.

ArtiCle Xviii

stAtus of AnneXes to this Agreement

The annexes attached to the present Agreement constitute an integral part
of this Agreement.

ArtiCle XiX

entry into forCe, durAtion, Amendment And

terminAtion of the frAmeWork Agreement

1. This Agreement shall enter into force upon signature and shall be
valid for an initial period of five (5) years.

2. This Agreement shall be automatically extended for a further period
of five (5) years, with the exception of this Clause, unless one or both Parties
wish to terminate it and provides the other Party with written notice thereof as
provided under paragraph 3 below.

3. This Agreement may be terminated by either Party to the present
Agreement providing written notice to the other Party six (6) months prior to
the expected date of early termination.

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4. In the case of early termination as provided for above, this
Agreement shall continue to remain in force for a period of one (1) year from
the date of early termination to allow for an orderly cessation of its activities.
This period of operation shall be termed the “Transition Period” and will be
governed by the terms of the Agreement as at the date of early termination
unless otherwise agreed to by the Parties. The Centre will be required to
provide complete accounts as to its activities, financial and otherwise to the
Parties, and where at the end of the Transition Period there is a remainder of
monies provided by the Government accrued by the Centre, such monies shall
go towards the settlement of termination packages for the staff of the Centre
or where such has already been administered, for such other purpose as the
Parties may agree to in writing.

5. Subject to paragraph 6 below, no change in or modification to this
Agreement, including its annexes, shall be made except by prior written
agreement between the Parties.

6. Annex III to the present Agreement may be updated through written
communication made by the Director of the Centre to the Secretariat. The
communication shall bear a copy of the written request of the Contracting
Party consenting to be served by the Centre.

7. The Centre shall not assign, transfer, pledge, sub-contract or make
other disposition of this Agreement or any part thereof, or of any of the
Centre’s rights, claims or obligations under this Agreement except with the
prior written consent of the Secretariat, such consent to not be unreasonably
withheld.

in Witness Whereof, the undersigned, duly authorised thereto, signed the
present Agreement in the English language.

Done at Geneva, this 29th day of October 2004

For the Secretariat of the For the Government of the Republic of

Basel Convention Trinidad and Tobago

Signed: Sachiko Kuwabara-Yamamoto Signed: h. E. Mr. Bernard Anthony Weston

Executive Secretary Ambassador Extraordinary and

Plenipotentiary

Date: Date:

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AnneX i

Core funCtions of the bAsel Convention

regionAl Centres

The role of the Centres is to assist developing countries and countries
with economies in transition, within their own region, through capacity
building for the environmentally sound management to achieve the fulfilment
of the objectives of the Convention.

The description of the core functions of the Centres are as follows:

1. Training

2. Technology Transfer

3. Information

4. Consulting

5. Awareness raising

The explanations of the core functions of the Centres are as follows:

(a) Developing and conducting training programmes,
workshops, seminars and associated projects in the field of
the environmentally sound management of hazardous
wastes, transfer of environmentally sound technology and
minimisation of the generation of hazardous wastes with
specific emphasis on training the trainers and the promotion
of ratification and implementation of the Basel Convention
and its instruments;

(b) Identifying, developing and strengthening mechanisms for
the transfer of technology in the field of the
environmentally sound management of hazardous wastes or
their minimisation in the region;

(c) Gathering, assessing and disseminating information in the
field of hazardous wastes and other wastes to Parties of the
region and to the Secretariat;

(d) Collecting information on new or proven environmentally
sound technologies and know-how relating to
environmentally sound management and minimisation of
the generation of hazardous wastes and other wastes and
disseminating these to Parties of the region at their request;

(e) Establishing and maintaining regular exchange of information
relevant to the provisions of the Basel Convention, and
networking at the national and regional levels;

(f) Organising meetings, symposiums and missions in the field,
useful for carrying out these objectives in the region;

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Basel Convention (Regional Centre for

34 Chap. 35:49 Training and Technology Transfer)

lAWs of trinidAd And tobAgo

(g) Providing assistance and advice to the Parties and non-
Parties of the region at their request, on matters relevant to
the environmentally sound management or minimisation of
hazardous wastes, the implementation of the provisions of
the Basel Convention and other related matters;

(h) Promoting public awareness;

(i) Encouraging the best approaches, practices and
methodologies for the environmentally sound management
and minimisation of the generation of hazardous wastes and
other wastes, e.g., through case studies and pilot projects;

(j) Co-operating with the United Nations and its bodies, in
particular UNEP and the Specialised Agencies, and with other
relevant intergovernmental organisations, industry and non-
governmental organisations, and, where appropriate, with any
other institution, in order to co-ordinate activities and develop
and implement joint projects related to the provisions of the
Basel Convention and develop synergies where appropriate
with other multilateral environmental agreements;

(k) Developing, within the general financial strategy approved
by the Parties, the Centres’ own strategy for financial
sustainability;

(l) Co-operating in mobilisation of human, financial and
material means in order to meet the urgent needs at the
request of the Party(ies) of the region faced with incidents or
accidents which cannot be solved with the means of the
individual Party(ies) concerned;

(m) Performing any other functions assigned to it by
relevant decisions of the Conference of the Parties of the
Basel Convention or by Parties of the region,
consistent with such decisions.

AnneX ii

Contributions of the government of

the rePubliC of trinidAd And tobAgo

The following shall be the contributions of the Government of the
Republic of Trinidad and Tobago towards the operation of the Centre:

A. Personnel

Director of the Centre — full time

Secretary of the Director — full time

Research Assistant —full time

Driver/handy Man

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Basel Convention (Regional Centre for

Training and Technology Transfer) Chap. 35:49 35

lAWs of trinidAd And tobAgo

L.R.O.

B. Premises and services

Furnished office space — 200 sq. m.
Meeting room — capacity 40 participants

Storeroom — 10 sq.m

Office equipment: computers with printers, photocopier

Telecommunications equipment and services: telephones, fax, internet

Audiovisual equipment: LDC Projector, Overhead, etc.

Maintenance of the office space and equipment

Motor Vehicle and Maintenance of Vehicle

Insurance

C. in-cash contribution

Annually US$ 100,000.00 in local currency

AnneX iii

Countries Consenting to be served by the Centre

1. Antigua and Barbuda

2. Commonwealth of the Bahamas

3. Barbados

4. Belize

5. The Republic of Cuba

6. The Commonwealth of Dominica

7. The Dominican Republic

8. The Republic of Guyana

9. Jamaica

10. The Republic of Trinidad and Tobago

11. Federation of Saint Kitts and Nevis

12. Saint Lucia

13. Saint Vincent and the Grenadines

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Basel Convention (Regional Centre for

36 Chap. 35:49 Training and Technology Transfer)

lAWs of trinidAd And tobAgo

seCond sChedule

PArties of the region

Antigua and Barbuda

Commonwealth of the Bahamas

Barbados

Belize

The Republic of Cuba

The Commonwealth of Dominica

The Dominican Republic

The Republic of Guyana

Jamaica

The Republic of Trinidad and Tobago

The Federation of Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Read Entire Law on rgd.legalaffairs.gov.tt