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Law
(January 9)
Official Journal No. 42,688 of 17 January 1996
By means of which the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal is approved, done at Basel on 22 March 1989
COLOMBIA CONGRESS
Having regard to the text of the official translation of the 'BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL', done at Basel on 22 March 1989. (To be transcribed: attached photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
BASEL CONVENTION ON CONTROL
CROSS-BORDER MOVEMENTS
HAZARDOUS WASTE AND DISPOSAL
UNITED NATIONS 1989
PREAMBLE
Parties to this Convention
Aware that hazardous wastes and other wastes and their transboundary movements can cause harm to human health and the environment.
Having present the growing danger that human health and the environment represent the increasing generation and complexity of hazardous wastes and other wastes, as well as their transboundary movements.
Having also present that the most effective way to protect human health and the environment against damage involving such waste is to reduce its generation to a minimum from the point of view of quantity and hazards potential,
Convinced that states must take the necessary steps to ensure that the handling of hazardous wastes and other wastes, including their transboundary movements and disposal, is compatible with the protection of human and human health. environment, whatever the place of disposal.
noting that States have an obligation to ensure that the generator complies with its functions with regard to the transport and disposal of hazardous wastes and other wastes in a manner compatible with the protection of human health and of the environment, regardless of where the disposal takes place.
Fully recognizing that every State has the sovereign right to prohibit the entry or disposal of hazardous waste and other non-hazardous waste in its territory.
Recognising that the trans-border movements of hazardous wastes, especially to developing countries, are at a high risk of not constituting the environmentally sound and efficient management of hazardous waste that is perceived in the Convention.
Recognizing also the growing desire for the prohibition of transboundary movements of hazardous wastes and their disposal in other States, in particular in developing countries.
Convinced that, to the extent that it is compatible with an environmentally sound and efficient management, hazardous wastes and other wastes must be disposed of in the State in which they have been generated.
Having also present that cross-border movements of such wastes from the State in which they have been generated to any other State should be permitted only when they are carried out under conditions which do not pose a threat to the human health and the environment, and under conditions which comply with the provisions of this Convention.
Whereas better control of transboundary movements of hazardous wastes and other wastes will act as an incentive for their environmentally sound management and for the reduction of the volume of such transboundary movements.
Convinced that States should adopt measures for the appropriate exchange of information on transboundary movements of hazardous wastes and other wastes leaving or entering these States, and for appropriate control of such movements.
Taking note that several international and regional agreements have addressed issues of environmental protection and conservation as regards the transit of dangerous goods.
Taking into account the Declaration of the United Nations Conference on the Human Environment (Stockholm, 1972), the guidelines and principles of Cairo for the environmentally sound management of hazardous wastes, approved by the Council of Management of the United Nations Environment Programme by Decision 14/30 of 17 June 1987, the recommendations of the Committee of Experts on the Transport of Dangerous Goods of the United Nations (formulated in 1957 and updated every two years), recommendations, declarations, instruments and regulations (a) relevant measures adopted under the United Nations system and the work and studies carried out by other international and regional organisations.
Having regard to the spirit, principles, objectives and functions of the World Charter of Nature adopted by the United Nations General Assembly at its thirty-seventh session (1982) as an ethical standard with respect to the protection of the human environment and the conservation of natural resources.
Affirming that States have to meet their international obligations regarding the protection of human health and the protection and conservation of the environment, and are responsible for damages in accordance with international law.
Recognising that, if there is a serious breach of the provisions of this Convention or any of its protocols, the relevant rules of international law of the Treaties shall apply.
Aware of what needs to be further developed and applying environmentally sound technologies that generate scarce waste, recycling measures, and good management and management systems that can minimize the generation of waste. hazardous wastes and other wastes.
Also aware of the growing international concern about the need to rigorously control transboundary movements of hazardous wastes and other wastes, as well as the need to reduce, as far as possible, these movements to a minimum.
Concerned about the problem of illegal cross-border traffic in hazardous waste and other waste.
Considering also that developing countries have limited capacity to handle hazardous wastes and other wastes.
Acknowledging that technology transfer for the rational management of hazardous wastes and other local production wastes, particularly in developing countries, should be promoted in accordance with the Cairo guidelines and Decision 14/16 of the Management Board of the United Nations Environment Programme on the promotion of the transfer of environmental protection technology.
Also recognizing that hazardous wastes and other wastes must be transported in accordance with relevant international conventions and recommendations.
Convinced also that transboundary movements of hazardous wastes and other wastes should be allowed only when the transportation and final disposal of such wastes are environmentally sound, and
Determined to protect, by strict control, human health and the environment against harmful effects that may arise from the generation and handling of hazardous wastes and other wastes,
Agreed as follows:
ARTICLE 1o. SCOPE OF THE CONVENTION.
1. The following wastes which are the subject of transboundary movements shall be 'hazardous wastes' for the purposes of this Convention:
(a) Waste belonging to any of the categories listed in Annex I, unless they have none of the characteristics described in Annex III, and
(b) wastes not covered by paragraph (a), but defined or considered to be hazardous by the domestic legislation of the party which is a State of export, import or transit.
2. Wastes belonging to any of the categories set out in Annex II and which are the subject of cross-border movement shall be considered as 'other wastes' for the purposes of this Convention.
3. Waste which, because it is radioactive, is subject to other international control systems, including international instruments, which apply specifically to radioactive materials, shall be excluded from the scope of this Convention.
4. Waste arising from normal operations of vessels whose discharge is regulated by another international instrument shall be excluded from the scope of this Convention.
ARTICLE 2o. DEFINITION. For the purposes of this Convention:
1. 'Waste' means substances or objects to which they are disposed of, it is proposed to proceed or it is required to proceed pursuant to the provisions of national legislation.
2. "Handling" means the collection, transportation and disposal of hazardous wastes or other wastes, including the monitoring of disposal sites.
3. 'transboundary movement' means any movement of hazardous waste or other waste from an area under the national jurisdiction of a State and intended for an area under the national jurisdiction of another State; or through this zone, or to an area not subject to the national jurisdiction of any State or through this zone, provided that the movement affects two States at least.
4. 'disposal' means any of the operations specified in Annex IV to this Convention.
5. 'approved place or installation' means a site or an installation for disposal of hazardous waste or other waste which has received an authorisation or operating permit for the purpose of a competent authority of the State in which the the location or installation is located.
6. 'competent authority' means the governmental authority designated by a party to receive, in the geographical area that the Party considers appropriate, the notification of a transboundary movement of hazardous wastes or other wastes; as well as any information in this respect, and in order to respond to that notification, in accordance with Article 6.
7. 'point of contact' means the body of a party referred to in Article 5 in charge of receiving and providing information in accordance with Articles 13 and 15.
8. "environmentally sound management of hazardous wastes or other wastes" means the adoption of all possible measures to ensure that hazardous wastes and other wastes are handled in such a way as to protect the environment. environment and human health against the harmful effects which may result from such wastes.
9. 'Area under the national jurisdiction of a State' means any land, sea or air area in which a State exercises, in accordance with international law, administrative and regulatory powers in relation to protection of human health or the environment.
10. "State of Export" means any part from which a cross-border movement of elinous waste or other waste is planned to be initiated or initiated.
11. "State of Import" means any part to which a transboundary movement of hazardous wastes or other wastes is planned to be carried out or carried out for the purpose of removing them from it or from carrying out their load for disposal in an area not subject to the national jurisdiction of any State.
12. "State of Transit" means any State other than the State of export or the State of import through which a movement of hazardous waste or other waste is planned or carried out.
13. 'Interested States' means any party that is an exporting country or a State of import and a transit country, whether or not it is a Party.
14. 'Person' means any natural or legal person.
15. 'exporter' means any person who arranges the export of hazardous wastes or other wastes and is subject to the jurisdiction of the State of export.
16. 'importer' means any person who arranges the importation of hazardous wastes or other wastes and is subject to the jurisdiction of the State of importation.
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 which are the subject of a cross-border movement or, if that person is unknown, the person who is in possession of those wastes and/or controls them.
19. 'eliminator' means any person to whom hazardous waste or other waste is dispatched and which carries out the disposal of such waste.
20. 'Organisation for political and/or economic integration' means any organisation constituted by sovereign States to which its Member States have transferred competence in the areas governed by this Convention and which has been duly authorised, in accordance with its internal procedures, to sign, ratify, accept, approve or formally confirm the convention, or to accede to it.
21. 'Illicit traffic' means any transboundary movement of hazardous wastes or other wastes carried out in accordance with Article 9.
ARTICLE 3o. NATIONAL DEFINITIONS OF HAZARDOUS WASTES.
1. Any Party shall send to the Secretariat of the Convention, within six months of the date on which it is a party to this Convention, information on the waste, except those listed in Annexes I and II, which are considered or defined as dangerous under its national legislation and on any requirements relating to the procedures for cross-border movement applicable to such waste.
2. Thereafter, any Party shall inform the Secretariat of any major changes to the information it has provided in compliance with paragraph 1.
3. The Secretariat shall immediately forward to all parties the information it has received in accordance with paragraphs 1 and 2.
4. The Parties shall be obliged to make available to their exporters the information transmitted to them by the Secretariat in accordance with paragraph 3.
ARTICLE 4. GENERAL OBLIGATIONS.
1. (a) Parties exercising their right to prohibit the importation of hazardous wastes and other wastes for disposal shall communicate to the other Parties their decision in accordance with Article 13;
(b) The parties shall prohibit or not permit the export of hazardous wastes and other wastes to the Parties which have prohibited the importation of such wastes, where such a prohibition has been communicated to them in accordance with paragraph (a) of this Article. present article;
(c) The Parties shall prohibit or not permit the export of hazardous wastes and other wastes if the State of import does not give their written consent to the import in question, provided that the State of import has not prohibited the importation of such waste.
2. Each party will take appropriate action to:
(a) Reduce the generation of hazardous wastes and other wastes to the minimum, taking into account social, technological and economic aspects;
b) Establish appropriate disposal facilities for the environmentally sound management of hazardous wastes and other wastes, whichever is the place where disposal is carried out which, as far as possible, will be located within of it;
c) Velar because the persons involved in the handling of hazardous wastes and other wastes within it take the necessary measures to prevent such management of the site from contamination and, in the event that it occurs to reduce its consequences on human health and the environment to a minimum;
(d) Velar because the transboundary movement of hazardous wastes and other wastes is reduced to a minimum, compatible with an environmentally sound and efficient management of these wastes, and carried out in a way that protects health human and the environment of the harmful effects which may result from such movement;
(e) Not to allow the export of hazardous wastes and other wastes to a State or group of States belonging to an economic integration and/or political integration organization that are Parties, particularly to developing countries, that have prohibited in their legislation all imports, or if they have reason to believe that such waste will not be subjected to an environmentally sound management, in accordance with the criteria adopted by the parties at their first meeting;
(f) Require that information be provided to the States concerned on the transboundary movement of hazardous wastes and other proposed wastes, in accordance with Annex V A. for the purpose of declaring the effects of the proposed movement on human health and the environment;
g) Prevent the importation of hazardous wastes and other wastes if you have reason to believe that such waste will not be subjected to environmentally sound management;
(h) Co-operate with other stakeholders and organisations directly and through the Secretariat in activities such as the dissemination of information on transboundary movements of hazardous wastes and other wastes in order to improve the environmentally sound management of these wastes and prevent their illicit trafficking;
3. The parties shall consider that the illicit trafficking of hazardous wastes and other wastes is criminal.
4. Any party shall take the legal, administrative and other measures necessary to implement and enforce the provisions of this Convention, including measures to prevent and repress acts which contravene the present Convention. Convention.
5. No Party shall allow hazardous wastes and other wastes to be exported to a State that is not a Party or is imported from a State that is not a Party.
6. The Parties agree not to allow the export of hazardous wastes and other wastes for disposal in the area south of the south latitude 60, whether or not these wastes are the subject matter of a transboundary movement.
7. In addition, any Party:
(a) It shall prohibit all persons subject to their national jurisdiction from the transport or disposal of hazardous wastes and other wastes unless such persons are authorised or empowered to carry out such operations;
(b) Require that hazardous wastes and other wastes which are the subject of a transboundary movement be packaged, labelled and transported in accordance with generally accepted and recognised international regulations and standards in respect of packaging, labelling and transport and taking due account of internationally accepted uses in this respect;
(c) Require that hazardous wastes and other wastes are accompanied by a document on movement from the point at which the cross-border movement is initiated to the extent that the waste is disposed of.
8. Any party shall require that the hazardous wastes and other wastes to be exported are handled in an environmentally sound manner in the importing State and elsewhere. At its first meeting, the parties will adopt technical guidelines for the environmentally sound management of the waste submitted to this agreement.
9. The Parties shall take appropriate measures to permit only the transboundary movement of hazardous wastes and other wastes if:
(a) The State of export does not have the technical capacity or the required services or disposal sites in order to eliminate waste in an environmentally sound and efficient manner; or
(b) The waste in question is necessary as raw materials for the recycling or recovery industries in the importing State, or
(c) The cross-border movement in question is carried out in accordance with other criteria that may be decided by the Parties provided that those criteria do not contradict the objectives of this Convention.
10. Under no circumstances may the obligation incumbent on States in which hazardous waste and other waste be required to require such waste be transferred to the States of import or transit. managed in an environmentally sound manner.
11. Nothing in this Convention shall prevent a party from imposing additional requirements which are in conformity with the provisions of this Convention and which are in accordance with the rules of international law in order to better protect health human and the environment.
12. Nothing in this Convention shall affect in any way the sovereignty of States over their territorial sea established in accordance with international law or the sovereign rights and jurisdiction of States in which they are its exclusive economic zones and on its continental platforms in accordance with international law, or for the exercise by ships and aircraft of all States, of the rights and freedoms of navigation provided for in the international law and reflected in the relevant international instruments.
13. The parties undertake to examine regularly the possibilities of reducing the amount and/or potential of contamination of hazardous wastes and other wastes exported to other States, in particular to developing countries.
1. Each of the parts listed in Annex VII shall prohibit any transboundary movement of hazardous wastes intended for the operations provided for in Annex IV A to the States not listed in Annex VII.
2. Each of the parts listed in Annex VII shall be phased out until 31 December 1997 and shall, from that date, prohibit all transboundary movements of hazardous wastes referred to in paragraph (a) above. (e) of Article 1 of the Convention which are intended for the operations provided for in Annex IV B to the States not listed in Annex VII. Such cross-border movement shall be prohibited only if the waste in question has been characterised as dangerous in accordance with the provisions of the Convention.
ARTICLE 5o. DESIGNATION OF COMPETENT AUTHORITIES AND OF THE POINT OF CONTACT. To facilitate the implementation of this Convention, the Parties shall:
1. They shall designate or establish one or more competent authorities and a contact point. A competent authority shall be appointed to receive the notifications in the case of a State of transit.
2. They shall communicate to the Secretariat, within three months of the entry into force of this Convention for them, which bodies they have designated as contact points and which are their competent authorities.
3. They shall communicate to the Secretariat, within the month following the date of the decision, any changes concerning the designation made by them in compliance with paragraph 2 of this Article.
ARTICLE 6o. CROSS-BORDER MOVEMENTS BETWEEN PARTIES.
1. The State of export shall notify in writing or require the generator or the exporter to notify in writing, through the competent authority of the exporting State, the competent authority of the States concerned of any movement transboundary of hazardous wastes or other wastes. Such notification shall contain the declarations and information required in Annex V A. written in the language of the State of import. It will only be necessary to send a notification to each State concerned.
2. The State of import shall respond in writing to the notifier, consenting to the movement with or without conditions, rejecting the movement or asking for more information. A copy of the definitive reply from the State of import shall be sent to the competent authorities of the States concerned.
3. The State of export shall not allow the generator or exporter to initiate cross-border movement until it has received written confirmation that:
a) The notifier has received written consent from the Import State, and
(b) The notifier has received from the State of import confirmation of the existence of a contract between the exporter and the eliminator in which it is stipulated that an environmentally sound management of the waste in question must be carried out.
4. Any State of transit shall promptly acknowledge receipt of the notification to the notifier. You may subsequently reply in writing to the notifier within 60 days, consenting to the movement with or without conditions, rejecting the movement or asking for more information. The State of export shall not allow cross-border movement to commence until it has received written consent from the State of transit. However, if a Party decides at any time to refrain from requesting prior written consent, in general or under certain conditions, for cross-border movements of the transit of hazardous wastes or other wastes, or modifies its conditions in this respect, shall inform the other Parties without delay of its decision in accordance with Article 13. In the latter case, if the State of export does not receive any reply within 60 days of receipt of a notification from the State of transit, the State of export may permit the export to be carried out through of the State of transit.
5. Where, in a transboundary movement of waste, the waste has not been legally defined or is not considered as hazardous waste more than:
(a) In the State of export, the provisions of paragraph 9 of this Article applicable to the importer or the eliminator and the State of import shall apply mutatis mutandis to the exporter and the State of export, respectively, or
(b) In the State of import or in the importing and transit States which are Parties, the provisions of paragraphs 1, 3, 4 and 6 of this Article, applicable to the exporter and the State of export, shall apply mutatis mutandis to the importer or the importer and the import state respectively, or
(c) In any State of transit, the provisions of paragraph 4 shall apply.
6. The State of export may, provided it obtains the written permission of the States concerned, allow the generator or the exporter to make a general notification when hazardous wastes or other wastes having the same physical and chemical characteristics are sent regularly to the same eliminator by the same customs office of exit of the State of export, by the same customs office of entry of the State of import and, in case of transit, by the same customs offices of entry and exit from the State or the State of transit.
7. The States concerned may make their written consent for the use of the general notification referred to in paragraph 6 dependent on the provision of certain information, such as the exact quantities of hazardous wastes or other wastes to be sent or periodic lists of such wastes.
8. The general notification and written consent referred to in paragraphs 6 and 7 may cover multiple shipments of hazardous wastes or other wastes for up to 12 months.
9. The parties shall require any person involved in a cross-border shipment of hazardous waste or other waste to sign the document relating to that movement at the time of delivery or receipt of the waste in question. They shall also require the eliminator to inform both the exporter and the competent authority of the State of export that it has received the waste in question and, in due time, that the disposal has been completed in accordance with the indicated in the notification. If the State of export does not receive such information, the competent authority of the exporting State or the exporter shall inform the State of import.
10. The notification and response required in this Article shall be transmitted to the competent authority of the Parties concerned or to the relevant governmental authority in the case of non-Party States.
11. The State of import or any State of transit which is a Party may require that any transboundary movement of hazardous waste is covered by insurance, security or other security.
ARTICLE 7o. CROSS-BORDER MOVEMENT OF A PARTY THROUGH NON-PARTY STATES. Paragraph 1 of Article 6 of this Convention shall apply mutatis mutandis to the transboundary movement of hazardous wastes or other wastes of a Part through a State or States that are not Parties.
ARTICLE 8o. OBLIGATION TO REIMPORT. Where a transboundary movement of hazardous wastes or other wastes for which the States concerned have given their consent in accordance with the provisions of this Convention cannot be brought to In accordance with the terms of the contract, the State of export shall ensure that the hazardous wastes in question are returned to the State of export by the exporter, if other provisions cannot be adopted to remove them from environmentally sound within a period of 90 days from the time the State the import has informed the exporting State and the Secretariat, or within the time limit agreed by the States concerned. To this end, no Party which is a State of transit or the State of export shall object to the return of such waste to the State of export, nor shall it impede or impede it.
ARTICLE 9o. ILLICIT TRAFFICKING.
1. For the purposes of this Convention, any transboundary movement of hazardous wastes or other wastes carried out;
(a) Without notification to all States concerned in accordance with the provisions of this Convention, or
(b) Without the consent of a State concerned in accordance with the provisions of this Convention, or
c) With consent obtained from the States concerned by falsification, false statements or fraud,
d) So that it does not correspond to documents in an essential aspect, or
e) That the deliberate disposal (e.g., dumping) of hazardous wastes or other wastes in contravention of this Convention and the general principles of international law shall be deemed to be illicit trafficking.
2. In the case of a transboundary movement of hazardous waste or other waste considered to be illicit traffic as a result of the conduct of the exporter or the generator, the State of export shall ensure that such waste is:
(a) Returned by the exporter or the generator or if necessary by the exporter, to the State of export or, if this is not possible;
(b) otherwise removed in accordance with the provisions of this Convention within 30 days of the date on which the State of export has been informed of the illicit traffic, or within any other period of time; The Member States should agree. To this end, the Parties concerned shall not object to the return of such wastes to the State of export, nor shall they impede or impede them.
3. Where a transboundary movement of hazardous wastes or other wastes is considered to be illicit trafficking as a result of the conduct of the importer or the eliminator, the State of import shall ensure that the hazardous wastes from which it is is disposed of in an environmentally sound manner by the importer or the eliminator or, where necessary, by himself, within 30 days of the date on which the State of importation has been aware of the illicit trade, or any other period agreed by the States concerned. To this end, the parties concerned shall cooperate, as necessary, for the disposal of waste in an environmentally sound manner.
4. Where the liability for illicit traffic cannot be attributed to the exporter or generator or to the importer or eliminator, the Parties concerned or other parties, as appropriate, shall cooperate to ensure that the waste concerned is disposed of as soon as possible in an environmentally sound manner in the State of export, in the State of import or in any other appropriate place.
5. Each Party shall enact appropriate national legislative provisions to prevent and punish illicit trafficking. The Contracting Parties shall cooperate with a view to achieving the objectives of this Article.
ARTICLE 10. INTERNATIONAL COOPERATION.
1. The parties shall cooperate with each other to improve or achieve the environmentally sound management of hazardous wastes and other wastes.
2. To this end, the Parties shall:
(a) When requested, provide information, either on a bilateral or multilateral basis, with a view to promoting the environmentally sound management of hazardous wastes and other wastes, including the harmonisation of standards and practices techniques for the proper handling of hazardous wastes and other wastes;
b) Cooperate in monitoring the effects of hazardous waste management on human health and the environment.
(c) Cooperate, subject to their national laws, regulations and policies, in the development and implementation of new environmentally sound technologies that generate scarce waste and in the improvement of current technologies with a view to eliminate, to the greatest extent possible, the generation of hazardous wastes and other wastes and to achieve more efficient and efficient methods for their environmentally sound management, including the study of the economic, social and environmental effects of the adoption of such new or improved technologies;
d) Cooperate actively, subject to its national laws, regulations and policies, in the transfer of technology and management systems related to the environmentally sound management of hazardous wastes and other wastes. They shall also cooperate in developing the technical capacity between the Parties, in particular those that need and request assistance in this sphere;
e) Cooperate in the elaboration of appropriate technical guidelines or codes of practice, or both.
3. The Parties shall use appropriate means of cooperation for the purpose of assisting developing countries as regards the application of Article 4 (2) (a), (b) and (c).
4. In view of the needs of developing countries, cooperation between the Parties and relevant international organisations should promote, inter alia, public awareness, the development of the rational management of the hazardous wastes and other wastes and the adoption of new technologies that generate scarce waste.
ARTICLE 11. BILATERAL, MULTILATERAL AND REGIONAL AGREEMENTS.
1. By way of derogation from Article 4, paragraph 5, the Parties may conclude bilateral, multilateral or regional agreements or arrangements on the transboundary movement of hazardous wastes and other wastes, with or with States Parties. they are not Parties provided that such agreements or arrangements do not undermine the environmentally sound management of hazardous wastes and other wastes provided for in this Convention. These arrangements or arrangements shall stipulate provisions which are not less environmentally sound than those provided for in this Convention, taking into account in particular the interests of the developing countries.
2. The Parties shall notify the Secretariat of all bilateral, multilateral and regional agreements or arrangements referred to in paragraph 1, as well as those which they have concluded before the entry into force of this Convention for them, with the the purpose of monitoring the transboundary movements of hazardous wastes and other wastes which are carried out entirely between the Parties to such agreements. The provisions of this Convention shall not affect cross-border movements which are carried out in compliance with such agreements, provided that such agreements are compatible with the environmentally sound management of hazardous wastes and other wastes provided for in this Convention.
ARTICLE 12. CONSULTATIONS ON LIABILITY. The parties shall cooperate with a view to adopting, as soon as possible, a protocol establishing the appropriate rules and procedures for the liability and compensation of damage resulting from the cross-border movement and the disposal of hazardous waste and other waste.
ARTICLE 13. TRANSMISSION OF INFORMATION.
1. The parties shall ensure that, when it comes to their knowledge, the States concerned shall be informed immediately in the event of an accident occurring during the transboundary movements of hazardous wastes or other wastes or their disposal which may present risks to human health and the environment in other States.
2. The Parties shall inform each other, through the Secretariat, of:
(a) Changes relating to the designation of competent authorities and/or contact points in accordance with Article 5;
b) Changes in their national definition of hazardous wastes, in accordance with Article 3; and, as soon as possible, about:
(c) Decisions which have taken not to authorise, in whole or in part, the importation of hazardous wastes or other wastes for disposal within the area under their national jurisdiction;
(d) Decisions taken to limit or prohibit the export of hazardous wastes or other wastes;
e) Any other information required pursuant to paragraph 4 of this Article.
3. The Parties shall, in accordance with national laws and regulations, transmit, through the Secretariat, to the Conference of the Parties established pursuant to Article 15, before the end of each calendar year, a report on the calendar year. precedent containing the following information:
(a) The competent authorities and the contact points they have designated in accordance with Article 5;
(b) Information on transboundary movements of hazardous wastes or other wastes in which they have participated, including:
i) The amount of hazardous waste and other exported waste, its category, its characteristics, its destination, the country of transit and the method of disposal, as stated in the response to the notification;
(ii) the quantity of imported hazardous wastes, their category, characteristics, origin and method of disposal;
iii) The removal operations to which they did not proceed in the intended manner;
iv) Efforts to obtain a reduction in the amount of hazardous wastes and other wastes subject to transboundary movement;
(c) Information on the measures they have taken in compliance with this Convention;
(d) Information on qualified statistics that have compiled about the effects on human health and the environment of generation, transport and disposal of hazardous wastes;
e) Information on bilateral, unilateral and regional resources and arrangements agreed in accordance with Article 11 of this Convention;
(f) Information on accidents occurring during cross-border movements and the disposal of hazardous wastes and other wastes and on the measures taken to remedy them;
g) Information about the various disposal methods used within the zones under their national jurisdiction;
h) Information on the measures taken to develop technologies for the reduction and/or elimination of hazardous waste generation and other waste, and
i) Other issues that the Conference of the Parties considers relevant.
4. The parties, in accordance with national laws and regulations, shall ensure that copies of each notification relating to any particular transboundary movement of hazardous wastes or other wastes and of the response to that notification, where a Party which considers that such cross-border movement may affect its environment has requested that this be done.
ARTICLE 14. FINANCIAL ASPECTS.
1. The Parties agree that, in the light of the specific needs of the different regions and sub-regions, regional training and technology transfer centres should be established with regard to the handling of hazardous wastes and other wastes and the reduction to the minimum of their generation. The Contracting Parties shall take a decision on the establishment of appropriate voluntary financing arrangements.
2. The Parties shall examine the desirability of establishing a revolving fund to provide interim assistance in emergency situations, in order to minimise damage due to accidents caused by the cross-border movement and the disposal of hazardous wastes and other wastes.
ARTICLE 15. CONFERENCE OF THE PARTIES.
1. A conference of the Parties is hereby established. The Executive Director of the United Nations Environment Programme shall convene the first meeting of the Conference of the Parties not later than one year after the entry into force of this Convention. Regular meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting.
2. Extraordinary meetings of the Conference of the Parties shall be held when the conference considers it necessary or where the Parties so request in writing, provided that, within six months of the date on which the Conference request to be communicated to them by the secretariat, at least one third of the Parties support that request.
3. The Conference of the Parties shall agree and adopt by consensus its rules of procedure and those of any subsidiary bodies it establishes, as well as the financial rules to determine, in particular, the financial participation of the Parties with This Agreement shall apply.
4. At their first meeting, the Parties shall consider the additional measures necessary to facilitate the fulfilment of their responsibilities with regard to the protection and conservation of the marine environment in the ontext of this Convention.
5. The conference of the parties shall review and assess permanently the effective implementation of this Convention, and in addition:
a) Promote the harmonisation of appropriate policies, strategies and measures to minimize damage to human health and the environment from hazardous wastes and other wastes;
(b) Examine and adopt, as appropriate, amendments to this Convention and its Annexes taking into account, inter alia, the available scientific, technical, economic and environmental information;
(c) examine and take all other measures necessary for the achievement of the purposes of this Convention in the light of the experience gained during its implementation and in the light of the arrangements and arrangements referred to in Article 11;
d) Examine and adopt protocols as appropriate, and
e) It shall create the subsidiary bodies deemed necessary for the implementation of this Convention.
6. The United Nations and its specialized agencies, as well as any State which is not a Party to this Convention, may be represented as observers at meetings of the Conference of the Parties. Any other national or international body or body, governmental or non-governmental, with competence in the areas related to hazardous wastes and other wastes that has informed the secretariat of its desire to be represented in a meeting of the conference of the parties as an observer may be admitted to participate unless at least one third of the Parties present object to it. The admission and participation of observers shall be subject to the regulation approved by the Conference of the Parties.
7. The Conference of the Parties shall proceed, three years after the entry into force of the Convention, and at least every six years thereafter, to assess its effectiveness and, if necessary, to examine the possibility of establishing a complete or (a) partial of the transboundary movements of hazardous wastes and other wastes in the light of the most recent scientific, environmental, technical and economic information.
1. The Secretariat shall have the following functions:
(a) Organise the meetings referred to in Articles 15 and 17 and provide them with services;
b) Prepare and transmit reports based on information received in accordance with Articles 3, 4, 6, 11 and 13, as well as information obtained on the occasion of meetings of subsidiary bodies established in accordance with the provisions of the Article 15, and also, where appropriate, in the information provided by relevant intergovernmental and non-governmental entities;
c) Prepare reports about the activities that you perform in the performance of your duties under this agreement and present them to the conference of the parties;
(d) Vellar for the necessary coordination with other relevant international bodies and, in particular, to arrange for administrative and contractual arrangements that may be necessary for the effective performance of their duties;
e) Communicate with the competent authorities and the contact points established by the Parties in accordance with Article 5 of this Convention;
(f) To collect information on the Parties ' authorised national sites and facilities, available for disposal of their hazardous wastes and other wastes, and to distribute such information between the Parties;
g) Receive and transmit information from and to the Parties about:
-Technical assistance and training sources;
-Available scientific and technical knowledge;
-Sources of expertise and expertise; and availability of resources, with a view to assisting Parties who request it in sectors such as:
-The operation of the notification system set out in this convention;
-Handling of hazardous wastes and other wastes;
-environmentally sound technologies related to hazardous waste and other waste, such as technologies that generate few or no waste;
-Assessment of the capabilities and places of disposal;
-The monitoring of hazardous wastes and other wastes;
-Emergency measures;
(h) Provide Parties requesting information on consultants or advisory entities that possess the necessary technical competence in this sphere and can assist them in examining the notification of a movement. cross-border, the conformity of a shipment of hazardous wastes or other wastes with the relevant notification and/or the suitability of the proposed facilities for the environmentally sound disposal of hazardous wastes and other wastes, when you have reason to believe that such waste will not be handled in an environmentally friendly manner rational, none of these tests should be run by the Secretariat;
i) Provide assistance to Parties who request it to determine cases of illicit trafficking and to immediately distribute to the Parties any information it has received in connection with illicit trafficking;
j) Co-operate with the parties and with relevant and competent international organisations and bodies in the provision of experts and equipment to provide prompt assistance to States in the event of emergency situations, and
k) To perform the other functions related to the purposes of this Convention as determined by the Conference of the Parties.
2. The United Nations Environment Programme shall, on a provisional basis, carry out the functions of the Secretariat until the first meeting of the Conference of the Parties, held in accordance with Article 15, is completed.
3. At its first meeting, the conference of the parties shall appoint the secretariat of the existing competent intergovernmental organisations which have declared that they are prepared to carry out the secretarial functions established in the Present Convention. At that meeting, the Conference of the Parties shall also evaluate the implementation by the Acting Secretariat of the tasks entrusted to it, particularly pursuant to paragraph 1 of this Article, and shall decide on the appropriate structures for the performance of those tasks.
ARTICLE 17. AMENDMENTS TO THE CONVENTION.
1. Either Party may propose amendments to this Convention and any Party to a Protocol may propose amendments to this Protocol. These amendments shall take due account, inter alia, of the relevant scientific and technical considerations.
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any Protocol shall be adopted at a meeting of the Parties to the Protocol concerned, the text of any proposed amendments to this Convention or any Protocol, except where otherwise provided for in this Protocol, communicated to the parties by the Secretariat at least six months before the meeting at which its adoption is proposed. The Secretariat shall also communicate the proposed amendments to the signatories to this Convention for information.
3. The parties shall make every effort to reach agreement by consensus on any proposal for an amendment to this Convention. Once all efforts to reach a consensus have been exhausted without agreement, the amendment will be adopted, as a last resort, by a majority of three quarters of the present and voting parties at the meeting, and will be presented to all parties. Parties to the depositary for ratification, approval, formal confirmation or acceptance.
4. The procedure referred to in paragraph 3 of this Article shall apply to amendments of any protocol, with the exception that a majority of two-third of the Parties to the Protocol present and voting in the Protocol shall be sufficient for their adoption. meeting.
5) The instruments of ratification, approval, formal confirmation or acceptance of the amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 of this Article shall enter into force on the Parties which have accepted them on the ninetieth day after the date on which the Depositary has received the instrument of ratification, approval, formal confirmation or acceptance by at least three quarters of the Parties having accepted the amendments to the protocol concerned, except where otherwise provided for in this Protocol. The amendments shall enter into force for any other part on the ninetieth day after the date on which that Party has deposited its instrument of ratification, approval, formal confirmation or acceptance of the amendments.
6. For the purposes of this Article, "Parties present and voters" means Parties that are present and cast an affirmative or negative vote.
ARTICLE 18. ADOPTION AND AMENDMENT OF ATTACHMENTS.
1. The Annexes to this Convention or any Protocol shall form an integral part of this Convention or of the Protocol in question, as appropriate and unless otherwise expressly provided for, any reference to this Agreement shall be understood as the convention or its protocols refers at the same time to any of the annexes. Those Annexes shall be limited to scientific, technical and administrative matters.
2. Unless otherwise provided in any of the protocols, in respect of its Annexes, for the proposal, adoption and entry into force of additional Annexes to this Convention or Annexes to a Protocol, the following procedure shall be followed:
(a) The Annexes to this Convention and its Protocols shall be proposed and adopted in accordance with the procedure laid down in paragraphs 2, 3 and 4 of Article 17;
(b) Any Party which is unable to accept an additional Annex to this Convention or an Annex to any of the Protocols to which it is a Party shall notify the Depositary in writing within six months of the date of the communication of the adoption by the Depositary. The Depositary shall communicate without delay to all Parties any notification received. A Party may at any time replace an earlier statement of objection with an acceptance and, in such a case, the Annexes shall enter into force with respect to that Party;
(c) By beating the six-month period from the date of the distribution of the communication by the Depositary, the Annex shall take effect for all Parties to this Convention or the Protocol in question which have not made a notification of in accordance with the provisions of paragraph (b) of this paragraph.
3. For the proposal, adoption and entry into force of amendments to the Annexes to this Convention or any Protocol, the same procedure shall apply as for the proposal, adoption and entry into force of Annexes to the Convention or Annexes to a Protocol. The Annexes and their amendments shall take due account, inter alia, of the relevant scientific and technical considerations.
4. Where a new Annex or an amendment to an Annex enters into an amendment to this Convention or to any Protocol, the new Annex or the amended Annex shall not enter into force until the amendment to this Convention or the Protocol enters into force.
ARTICLE 19. VERIFY. Any Party that has reason to believe that another Party is acting or has acted in violation of its obligations under this Convention, may inform the Secretariat thereof and, in that case, report simultaneously and immediately, directly or through the Secretariat, to the Party against which it has submitted the claim. The Secretariat shall provide all relevant information to the Parties.
ARTICLE 20. DISPUTE RESOLUTION.
1. If a dispute arises between Parties in relation to the interpretation, application or compliance of this Convention or any of its protocols, the Parties shall endeavour to resolve it by negotiation or by any other means. of your choice.
2. If the Parties concerned cannot resolve their dispute by the means referred to in the preceding paragraph, the dispute shall be submitted, if the Parties to the dispute so agree, to the International Court of Justice or to arbitration in the conditions set out in Annex VI on arbitration. However, if there is no common agreement to submit the dispute to the International Court of Justice or to arbitration, the Parties shall not be exempt from the obligation to continue trying to resolve it by the means referred to in paragraph 1.
3. By ratifying, accepting, approving or formally confirming this Convention, or by joining it, or at any later time, a State or organization of political and/or economic integration may declare that it recognizes as mandatory the right and without special agreement, in respect of any other Party that accepts the same obligation, the submission of the dispute:
a) To the International Court of Justice and/or
b) To arbitration in accordance with the procedures set out in Annex VI.
Such a declaration shall be notified in writing to the Secretariat, which shall communicate it to the Parties.
ARTICLE 21. FIRST. This Convention shall be open to the signature of the States, of Namibia, represented by the United Nations Council for Namibia, and of the political and/or economic integration organizations in Basel on 22 March 1989, in the The Federal Department of Foreign Affairs of Switzerland, in Bern, from 23 March to 30 June 1989 and at the United Nations Headquarters in New York from 1o. from July 1989 to 22 March 1990.
ARTICLE 22. RATIFICATION, ACCEPTANCE, FORMAL CONFIRMATION OR APPROVAL.
1. This Convention shall be subject to ratification, acceptance or approval by the States and by Namibia, represented by the United Nations Council for Namibia, and to formal confirmation or approval by political integration organisations. and/or economic. Instruments of ratification, acceptance, formal confirmation or approval shall be deposited with the Depositary.
2. Any organisation of the nature referred to in paragraph 1 of this Article, which becomes a Party to this Convention without it being a Party to any of its Member States, shall be subject to all the obligations set out in the Convention. Where one or more Member States of such organisations are Parties to the Convention, the organisation and its Member States shall decide on their respective responsibilities as regards the implementation of the obligations incumbent upon them. under the Convention. In such cases, the organisation and the Member States shall not be entitled to exercise the rights set out in the Convention at the same time.
3. In their instruments of formal confirmation or approval, the organisations referred to in paragraph 1 of this Article shall specify the extent of their powers in matters governed by the Convention. Those organisations shall also inform the Depositary, who shall inform the Contracting Parties of any major changes to the scope of their powers.
1. This Convention shall be open for the accession of the States, of Namibia, represented by the United Nations Council for Namibia, and of political and/or economic integration organisations from the day following the date on which the Convention has been closed to the signature. The instruments of accession shall be deposited with the Depositary.
2. In their instruments of accession, the organisations referred to in paragraph 1 of this Article shall specify the extent of their powers in matters governed by the Convention. Those organisations shall also inform the Depositary of any major changes in the scope of their powers.
3. The provisions of Article 22 (2) shall apply to organisations of political and/or economic integration which accede to this Convention.
1. Subject to the provisions of paragraph 2 of this Article, each Party to this Convention shall have one vote.
2. Political and/or economic integration organisations shall exercise their right to vote in matters falling within their jurisdiction in accordance with Article 22 (3) and Article 23 (2), with a number of votes equal to the number of their Member States. members who are parties to the Convention or the relevant protocols. Such organisations shall not exercise their right to vote if their Member States exercise their right, and vice versa.
1. This Convention shall enter into force on the ninetieth day following the date on which it was deposited in the 20th instrument of ratification, acceptance, formal confirmation, approval or accession.
2. With respect to each State or organisation of political and/or economic integration which ratifies, accepts, formally approves or confirms this Convention, or adheres to it after the date of deposit of the 20th instrument of ratification, acceptance, approval, formal confirmation or accession, the Convention shall enter into force on the ninetieth day following the date on which that State or organisation of political and/or economic integration has deposited its instrument of ratification, acceptance, approval, formal confirmation or accession.
3. For the purposes of paragraphs 1 and 2 of this Article, instruments deposited by an organisation for political and/or economic integration shall not be considered as additional to those deposited by the Member States of such an organisation.
ARTICLE 26. RESERVATIONS AND DECLARATIONS.
1. No reservations or exceptions may be made to this Convention.
2. Paragraph 1 of this Article shall not prevent, by signing, ratifying, accepting, approving or formally confirming this Convention, or by acceding to it, a State or an organization of political and/or economic integration. statements, whatever their wording and title, with a view, inter alia, to the harmonization of their laws and regulations with the provisions of the Convention, provided that such statements or statements are not interpreted as exclude or modify the legal effects of the provisions of the Convention and their application to that State.
1. At any time after the expiry of a period of three years from the date of entry into force of this Convention in respect of a Party, that Party may denounce the Convention by means of a written notification to the Depositary.
2. The complaint shall be effective one year after the date on which the Depositary has received the notification or at any later date specified in it.
ARTICLE 28. DEPOSITARY. The Secretary-General of the United Nations shall be the Depositary of this Convention and all its protocols.
ARTICLE 29. AUTHENTIC TEXTS. The Arabic, Chinese, Spanish, French, English and Russian texts of this Convention are equally authentic.
IN TESTIMONY OF WHICH the underwritten, duly
authorized to do so, have signed this Convention.
Done at Basel on March 22, 1989.
ANNEX I.
WASTE CATEGORIES TO BE CONTROLLED
Waste Streams
Y1 Clinical wastes resulting from medical care provided in hospitals, medical centers and clinics
Y2 Waste resulting from the production and preparation of pharmaceuticals
Y3 Drugs and pharmaceuticals waste
Y4 Waste resulting from the production, preparation and use of biocidal products and plant products
Y5 Wastes resulting from the manufacture, preparation and use of chemicals for the preservation of wood
Y6 Waste resulting from the production, preparation and use of organic solvents
Y7 Waste, containing cyanides, resulting from heat treatment and mettle operations
Y8 Waste of mineral oils unfit for use to which they were intended
Y9 Oil and water or oil and water waste mixtures and emulsions
Y10 Substances and waste items containing, or contaminated by polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCT) or polybrominated biphenyls (PBB)
Y11 Altarred wastes resulting from refining, distillation or any other pyrolytic treatment
Y12 Wastes resulting from the production, preparation and use of inks, dyes, pigments, paints, lacquers or varnishes.
Y13 Wastes resulting from the production, preparation and use of resins, latex, plasticizers or glues and adhesives
Y14 Unidentified or new waste chemical substances resulting from research and development or teaching activities and whose effects on the human or the environment are not known
Y15 Explosive-character wastes that are not subject to different legislation
Y16 Waste resulting from the production, preparation and use of chemicals and materials for photographic purposes
Y17 Waste resulting from surface treatment of metals and plastics
Y18 Waste resulting from industrial waste disposal operations.
Waste that you have as constituents:
Y19 carbonyl metals
Y20 Berilio, beryllium compounds
Y21 hexavalent chromium compounds
Y22 Copper Compounds
Y23 Zinc Compounds
Y24 Arsenic, arsenic compounds
Y25 Selenium, selenium compounds
Y26 Cadmium, cadmium compounds
Y27 Antimony, antimony compounds
Y28 Telurium, tellurium compounds
Y29 Mercury, mercury compounds
30 Talio, thallium compounds
Y31 Lead, lead compounds
Y32 inorganic fluorine compounds, excluding calcium fluoride
Y33 Inorganic Cyanides
Y34 Acid or acid solutions in solid form
Y35 Basic solutions or bases in solid form
Y36 Asbestos (dust and fiber)
Y37 phosphorus organic compounds
Y38 Organic Cyanides
Y39 Phenols, phenolic compounds, with the inclusion of chlorophenols
Y40 Ethers
Y41 Halogenated Organic Solvents
Y42 Organic solvents, excluding halogenated solvents
Y43 Any substance in the group of polychlorinated dibenzofurans
Y44 Any substance in the polychlorinated dibenzoparadioxin group
Y45 organohalogenated compounds, other than the substances mentioned in this Annex (e.g. Y39, Y41, Y42, Y43, Y44).
ANNEX II.
WASTE CATEGORIES THAT REQUIRE SPECIAL CONSIDERATION
Y46 Waste collected from households
Y47 Wastes Resulting From Household Waste Incineration
ANNEX III.
DANGEROUS FEATURES LIST
United Nations Class
No. Code
Features
1 H1 Explosives.
Explosive substance or waste means any solid or liquid substance or waste (or mixture of substances or wastes) which itself is capable, by chemical reaction, of emitting a gas at a temperature, pressure and speed such as cause damage to the surrounding area.
3 H3 Flammable Liquids.
Flammable liquids are those liquids, or mixtures of liquids, or liquids with solids in solution or suspension (e.g., paints, varnishes, lacquers, etc. but not including substances or wastes otherwise classified due to its hazardous characteristics) emitting flammable vapours at temperatures not exceeding 60, 5C, in tests with a closed pan or not more than 65, 6C in open-pan tests (such as the results of the open-pan and closed-pan tests are not strictly comparable, and even results obtained by means of the same test They often differ from each other, the rules which will be removed from the figures mentioned above to take account of such differences would be compatible with the spirit of this definition).
4.1 H4.1 Flammable Solids
These are solids, or solid wastes, other than those classified as explosives, that in the conditions prevailing during transport are easily combustible or can cause a fire or contribute to it, due to friction.
4.2 H4.2 Substance or Spontaneous Combustion-Susceptible Wastes
It is a matter of substance or waste susceptible to spontaneous heating under normal conditions of transport, or heating in contact with air, and which can then be switched on.
4.3 H4.3 Substances or wastes that, in contact with water, emit flammable gases.
Substances or wastes which, by reaction with water, are susceptible to spontaneous inflammation or the emission of flammable gases in dangerous quantities.
5.1 H5.1 Oxidants Substances or wastes which, without necessarily being combustible, may, in general, give up oxygen, cause or encourage the combustion of other materials.
5.2 H5.2 Organic Peroxides
Organic substances or wastes containing the bivalent structure -0-0-are thermally unstable substances that can undergo an exothermic autoaccelerated decomposition.
6.1 Acute Toxics (poisons)
Substances or wastes that may cause death or serious injury or damage to human health, if swallowed or inhaled or come into contact with the skin.
6.2 H6.2 Infectious Substances
Substances or wastes containing viable micro-organisms or their toxins, known or suspected agents of disease in animals or humans.
8 H8 Corrosives
Substances or wastes which, by chemical action, cause serious damage to the living tissues they touch, or which, in the event of leakage, can seriously damage, or even destroy, other goods or the means of transport; or may also cause other hazards.
9 H10 Release of toxic gases in contact with air or water
Substances or wastes that, by reaction with air or water, can emit toxic gases in dangerous quantities.
9 H11 Toxic substances (with delayed or chronic effects) Substances or wastes that, if they are aspirated or ingested, or to penetrate the skin, may have delayed or chronic effects, including carcinogenicity.
9 H12 Ecotoxic
Substances or wastes that, if released, have or may have immediate or delayed adverse effects on the environment, due to bioaccumulation or toxic effects in the biotic systems.
9 H13 Substances that may by some means after their elimination, give rise to other substances, for example, a leaching product, which has some of the characteristics described above.
Tests
The dangers that may be missed by certain types of waste are not yet fully known; there is no evidence to make a quantitative assessment of these hazards. Deeper research needs to be carried out in order to develop means of characterising the potential dangers of such waste to humans or the environment. Standardised tests have been developed with regard to pure substances and materials. Many States have developed national tests that can be applied to the materials listed in Annex I, in order to decide whether these materials show some of the features described in this Annex.
ANNEX IV
REMOVAL OPERATIONS
A. Operations that cannot lead to recovery of resources, recycling, regeneration, direct reuse or other uses.
Section A covers all the removal operations that are performed in practice.
D1 Deposit, inside or on the ground (e.g., fillers, etc.).
D2 Treatment of the soil (e.g. biodegradation of liquid or muddy waste in soils, etc.)
D3 Deep injection (e.g. injection of pump waste into wells, salt domes, natural geological faults, etc.).
D4 Surface reservoir (e.g., pouring of liquid or muddy waste into wells, ponds, lagoons, etc.)
D5 Specially designed fillers (for example, poured into separate watertight compartments, coated and insulated from each other and from the environment, etc.)
D6 poured into an extension of water, with the exception of seas and oceans.
D7 poured into seas and oceans, including insertion into the seabed.
D8 Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures to be removed by any of the operations referred to in Section A.
D9 Physical-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures to be removed by any of the operations referred to in Section A (e.g. evaporation, drying, calcination, neutralisation, precipitation, etc.)
D10 Deposit, inside or on the ground (e.g., fillers, etc.).
D11 Incineration at sea.
D12 Permanent Deposit (e.g., placement of containers in a mine, etc.)
D13 Combination or mixture prior to any of the operations listed in Section A
D14 Repackage prior to any of the operations listed in section A
D15 Storage prior to any of the operations listed in section A
B. Operations that can lead to resource recovery, recycling, regeneration, direct reuse and other uses
Section B comprises all operations with respect to materials that are considered or legally defined as hazardous wastes and otherwise would have been intended for one of the operations listed in Section A.
R1 Use as fuel (other than in direct incineration) or means of generating energy
R2 Solvent Recovery or Regeneration
R3 Recycling or recovery of organic substances that are not used as solvents
R4 Recycling or recovery of metals and metal compounds
Recycled or recovering from other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used to reduce pollution
R8 Recovery of components from catalysts
R9 Regeneration or other reuse of used oils
R10 Soil treatment for the benefit of agriculture or ecological improvement
R11 Using residual materials resulting from any of the operations numbered R1 to R10
R12 Waste exchange for submission to any of the operations numbered R1 to R11
R13 Accumulation of materials for any of the operations listed in Section B.
ANNEX V A.
INFORMATION TO PROVIDE WITH PRIOR NOTIFICATION
1. Reasons for the export of waste
2. Exporter of waste 1/
3. Generator (s) of waste and place of generation 1/
4. Disposal of waste and effective place of disposal
5. Carrier (s) provided for the waste or its agents, if known (s) 1/
6. State of export of waste Competent authority 2/
7. Planned transit states Competent Authority 2/
8. State of import of the waste
Competent Authorities 2/
9. General or singular notification.
10. Planned date (s) of the boarding (s), time period during which the proposed waste and itinerary will be exported (including entry and exit points 3/.
11. Planned means of transport (road, rail, sea, air, inland waterway).
12. Information concerning insurance 4/.
13. Description and physical description of the waste, including its number and number of the United Nations, and its composition 5/and information on special handling requirements, including emergency provisions in case of accident.
14. Type of package intended (e.g. bulk load, drums, tanks).
15. Estimated quantity in weight/volume 6/.
16. The process by which the waste was generated 7/.
17. For the wastes listed in Annex I, the classifications in Annex II: Dangerous characteristics, number H and class of the United Nations.
18. Method of disposal according to Annex III.
19. Declaration of the generator and exporter that the information is correct.
20. Information (including the technical description of the plant) communicated to the exporter or the generator by the waste eliminator and in which it has based its assumption that there is no reason to believe that the waste will not be handled in a manner environmentally sound in accordance with the laws and regulations of the State of import.
21. Information concerning the contract between the exporter and the eliminator.
1/First and last name and address, telephone number, telex or fax number, and name, address, telephone number, telex or fax number of the person to be contacted.
2/First and last name and address, telephone number, telex or fax number.
3/In case of a general notification comprising several shipments, indicate the expected dates of each shipment or, if not known, the expected frequency of the shipments.
4/Information to be provided on the relevant insurance requirements and the way in which the exporter, the carrier and the eliminator meet them.
5/Indicate the nature and concentration of the most hazardous components, depending on the toxicity and other hazards of the waste, both in handling and in relation to the proposed disposal method.
6/In the case of a general notification comprising several shipments, indicate both the total estimated quantity and the estimated quantities for each shipment.
7/To the extent that this is necessary to assess the risk and determine the suitability of the proposed disposal operation.
ANNEX V B.
INFORMATION TO PROVIDE IN THE MOVEMENT DOCUMENT
1. Exporter of waste 1/.
2. Generator (s) of waste and place of generation 1/.
3. Disposal of waste and effective place of disposal 1/.
4. Carrier (s) of the waste 1/or its agent (s).
5. Subject to general or singular notification.
6. Date of the start of the cross-border movement and date (s) and acknowledgement of receipt of each person handling the waste.
7. Means of transport (by road, rail, inland waterway, sea, air) including the States of export, transit and import, as well as entry and exit points where they have been indicated.
8. General description of the waste (physical state, distinctive name and class of the United Nations with which it embarks, number of the United Nations, number and number H where applicable).
9. Information on special handling requirements including emergency provisions in the event of an accident.
10. Type and number of packages.
11. Quantity in weight/volume.
12. Declaration of the generator or exporter that the information is correct.
13. Declaration by the generator or exporter that there are no objections on the part of the competent authorities of all the States concerned which are Parties.
14. Certification by the eliminator of the receipt of the waste in the designated installation and indication of the elimination method and the approximate date of disposal.
NOTES.
The information to be entered in the movement document must be integrated when possible in a document along with the one required by the transport rules. Where this is not possible, the information shall not be repeated, the data to be provided in accordance with the transport rules. The movement document must contain instructions on the persons who are required to provide information and to take the case forms.
1/First and last name and address, telephone number, telex or fax number, and name, address, telephone number, telex or fax number of the person to be contacted in case of emergency.
ANNEX VI.
ARBITRATION
ARTICLE 1A. Except that the commitment referred to in Article 20 of the Convention provides otherwise, the arbitration procedure shall be governed by Articles 2 to 10 of this Annex.
ARTICLE 2A The plaintiff party shall notify the Secretariat that the Parties have agreed to submit the dispute to arbitration pursuant to paragraph 2 or paragraph 3 of Article 20 of the Convention, indicating in particular the articles of the Convention whose interpretation or application is the subject of the dispute. The Secretariat shall communicate the information received to all Parties to the Convention.
ARTICLE 3A. The arbitral tribunal shall consist of three members. Each Party to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall appoint by common agreement the third arbitrator, who shall assume the chairmanship of the tribunal. That last arbitrator shall not be a national of either Party to the dispute, nor shall he have his habitual residence in the territory of any of those Parties, nor be in the service of any of them, or have already occupied the matter in any other concept.
1. If two months after the appointment of the second arbitrator has not been appointed to the chairman of the arbitral tribunal, the Secretary-General of the United Nations shall, at the request of either party, appoint him within a further period of two months. months.
2. If, two months after the receipt of the request, one of the Parties to the dispute has not appointed an arbitrator, the other party may address the Secretary-General of the United Nations, who shall appoint the president of the tribunal. In the case of a new period of two months. Once designated, the president of the arbitral tribunal shall ask the Party not yet to appoint an arbitrator to do so within two months. After that period, the President of the arbitral tribunal shall address the Secretary-General of the United Nations, who shall appoint him within a further period of two months.
1. The arbitral tribunal shall give its award in accordance with international law and with the provisions of this Convention.
2. Any arbitral tribunal established in accordance with this Annex shall adopt its own rules of procedure.
ARTICULO 6A.
1. The decisions of the arbitral tribunal, both in the case of proceedings and on the merits, shall be taken by a majority of its members.
2. The court may take appropriate measures to determine the facts. At the request of one of the parties, it may recommend the necessary precautionary measures.
3. The Parties to the dispute shall provide all necessary facilities for the effective development of the procedure.
4. The absence or appearance of a Party in the dispute shall not interrupt the proceedings.
ARTICLE 7A. The court will be able to hear about the counterclaims directly based on the object of the controversy and resolve them.
ARTICLE 8A. Unless otherwise decided by the arbitral tribunal in the particular circumstances of the case, the court's expenses, including the remuneration of its members, shall be borne, to equal parties, by the Parties to the dispute. The court shall bear a statement of all expenditure and shall submit to the Parties a final statement of expenditure.
ARTICLE 9A. Any Party that has in the object of the dispute a legal interest that may be affected by the award may intervene in the process with the consent of the Court.
1. The court shall give its award within a period of five months from the date on which it was established, unless it considers it necessary to extend that period for a period which should not exceed five months.
2. The award of the arbitral tribunal shall be reasoned. It shall be binding and binding on the Parties to the dispute.
3. Any dispute arising between the Parties concerning the interpretation or execution of the award may be submitted by either Party to the arbitral tribunal which has issued it or, if it is not possible to submit it, to another court. constituted to the effect in the same way as the first.
ANNEX VII.
Parties and other States that are members of the OECD and the EC, and Lienchtenstein
LEGISLATIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santafe de Bogota, D.C.
APPROVED. SUBMIT TO THE HONORABLE CONSIDERATION
NATIONAL CONGRESS FOR CONSTITUTIONAL EFFECTS
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.
DECRETA:
ARTICLE 1B. APPROVE THE BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL, done at Basel on March 22, 1989.
ARTICLE 2B. Pursuant to article 1o. of Law 7a. In 1944, the Basel CONVENTION ON THE CONTROL OF THE TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL, done at Basel on 22 March 1989, which is approved by the first article of this Law, will force the country from the the date on which the international link with respect to the link is improved.
ARTICLE 3B. This Law governs from the date of its publication.
The President of the Senate of the Republic,
JULIO CESAR GUERRA.
The Secretary General of the H. Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the Honorable House of Representatives,
RODRIGO RIVERA SALAZAR.
The Secretary of the H. House of Representatives,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
Contact and post.
Execute previous Constitutional Court review,
pursuant to Article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D.C., at 09 January 1996.
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.
The Minister of the Environment,
CECILIA LOPEZ MONTANO.
