Whereby The Basel Convention Was Adopted On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal, Done At Basel On March 22, 1989

Original Language Title: Por la cual se aprueba el Convenio de Basilea sobre el control de los movimientos transfronterizos de desechos peligrosos y su eliminación, hecho en Basilea el 22 de marzo de 1989

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ACT 253 OF 1996
(January 9)
Official Gazette No. 42,688, of January 17, 1996
Through which the Basel Convention on the Control of Transboundary Movements of waste approved hazardous and their disposal, done at Basel on 22 March 1989 Summary

Term Notes Summary

Term Notes
THE CONGRESS OF COLOMBIA
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" made in Basel on 22 March 1989. ( to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs) is attached.
BASEL CONVENTION ON THE CONTROL

CROSS-BORDER MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL UNITED NATIONS 1989


PREAMBLE The Parties to this Convention Aware
that hazardous wastes and other wastes and their transboundary movements can cause damage to human health and the environment.
Mindful of the growing threat to human health and the environment posed by the generation and the increasing complexity of hazardous and other wastes and their transboundary movements.
Bearing in mind also that the most effective way to protect human health and the environment against the dangers posed by such wastes consisting reduce their generation to a minimum in terms of quantity and potential hazards,
convinced that States should take the necessary measures for the management of hazardous wastes and other wastes including their transboundary movement and disposal is consistent with the protection of human health and the environment, whatever the place of disposal.
Noting that States have an obligation to ensure that the generator should carry out duties with regard to the transport and disposal of hazardous wastes and other wastes in a manner consistent with the protection of human health and the environment, whether regardless of the place where the disposal is made.
Fully recognizing that any State has the sovereign right to ban the entry or disposal of hazardous wastes and other wastes in its territory.
Recognizing that transfroterizos movements of hazardous wastes, especially to developing countries, they have a high risk of not constituting an environmentally sound and efficient management of hazardous wastes perceptúa the Convention. Effective Notes


Recognizing also the increasing desire for transboundary movements of hazardous wastes and their disposal in other States, particularly in developing countries ban.
Convinced that, insofar as is compatible with environmentally sound and efficient management, hazardous waste and other waste must be disposed of in the State in which they are generated.
Bearing in mind also that transboundary movements of such wastes from the State in which their generation to any other State should be permitted only when conducted under conditions that do not endanger human health and the environment, and under conditions They 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 reducing the volume of such transboundary movements.
Convinced that States should take measures for the proper exchange of information on transboundary movements of hazardous wastes and other wastes leaving those States or into them, and for adequate control of such movements.
Noting that several international and regional agreements have addressed the issues of protection and conservation of the environment with respect to the transit of dangerous goods.

Considering 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 Board of Directors Program UN Environment by its decision 14/30 of 17 June 1987 Nations, the recommendations of the Committee of Experts on the Transport of Dangerous Goods of the United Nations (formulated in 1957 and updated biennially), recommendations, declarations, instruments and regulations adopted within the United Nations system and the work and studies by other international and regional organizations.
Bearing in mind the spirit, principles, objectives and functions of the World Charter for Nature adopted by the United Nations General Assembly at its thirty-seventh session (1982) as ethical standard regarding protection the human environment and the conservation of natural resources.
Affirming that States must fulfill their international obligations concerning the protection of human health and the protection and conservation of the environment, and are liable for damages in accordance with international law.
Recognizing that a serious violation of the provisions of this Convention or any protocol thereto, the relevant rules of international law of treaties shall apply.
Aware of what needs to further develop and implement environmentally sound low-waste technologies, recycling measures and good management systems and management that allow to minimize the generation of hazardous wastes and other wastes.
Aware also of the growing international concern about the need for stringent control of 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 transboundary traffic in hazardous wastes and other wastes.
Considering also that developing countries have limited capacity to manage hazardous wastes and other wastes.
Recognizing the need to promote the transfer of technology for the sound management of hazardous wastes and other wastes produced locally, particularly to developing countries, in accordance with the guidelines of Cairo and Council decision 14/16 Management United Nations Environment Programme on promoting technology transfer environmental protection.
Recognizing also that hazardous wastes and other wastes should be transported in accordance with relevant international conventions and recommendations.
Also Convinced that transboundary movements of hazardous wastes and other wastes should be permitted only when the transport and final disposal of such wastes is environmentally sound, and
Determined to protect, by strict control, human health and the environment against adverse effects that may result from the generation and management of hazardous wastes and other wastes, have agreed as follows
:
ARTICLE 1o. SCOPE OF THE CONVENTION.
1. Be "hazardous wastes" for the purposes of this Convention the following wastes that are subject to transboundary movement:
a) Wastes that belong to any of the categories listed in Annex I, unless they do not have any of the characteristics described in Annex III, and
b) wastes that are not covered under paragraph a) but are defined or considered hazardous by the domestic legislation of the party of export, import or transit.
2. Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be "other wastes" for the purposes of this Convention.
3. Wastes which, being radioactive, are subject to other international control systems, including international instruments, applying specifically to radioactive materials, are excluded from the scope of this agreement.
4. Wastes generated from normal operations of vessels whose discharge is covered by another international instrument excluded from the scope of this agreement.
Article 2.
. DEFINITION. For the purposes of this Convention:

1. "Waste" substances or objects which are disposed of are understood, it is proposed to proceed or is required to be under the provisions of national law.
2. "Management" means the collection, transport and disposal of hazardous wastes or other wastes, including monitoring of disposal sites.
3. "Transboundary movement" means any movement of hazardous wastes or other wastes 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 area, or a area not under the national jurisdiction or of any State through this area, provided the movement affects at least two states.
4. "Disposal" means any operation specified in Annex IV to this agreement.
5. "Place or approved facility" means a site or facility for the disposal of hazardous wastes or other wastes which is authorized or permitted to operate for this purpose by a competent authority of the State in which is situated the place or installation.
6. "Competent authority" means the authority designated by a party to receive, in the geographical areas as the Party may think fit, the notification of a transboundary movement of hazardous wastes or other wastes governmental authority and any information, and respond to this notification, in accordance with Article 6
7. By "point of contact" the body part to Article 5 responsible for receiving and providing information in accordance with Articles 13 and 15.
8 refers understood. "Environmentally sound management of hazardous wastes or other wastes" means taking all practicable steps to ensure that hazardous wastes and other wastes are managed in a manner that protects the 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, marine area or airspace within which a State exercises zone, under international law, administrative and regulatory responsibility in relation to the protection of human health or environmental environment.
10. "State of export" means any part from which it is intended to open or a transboundary movement of wastes or other eligrosos waste starts.
11. "State of import" any party to which it is planned or a transboundary movement of hazardous wastes or other wastes for the purpose of disposal therein or proceed to charge for disposal in an area is made is understood not subject 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 it is planned or a movement of hazardous wastes or other wastes is made.
13. "States interested" parties that are States of export or States of import and transit States, whether or not Parties understand.
14. "Person" means any natural or legal person.
15. "Exporter" means any person who organizes the export of hazardous wastes or other wastes to be subject to the jurisdiction of the exporting country.
16. "Importer" means any person who organizes the import of hazardous wastes or other wastes to be subject to the jurisdiction of the importing country.
17. "Carrier" means any person who carries out the transport of hazardous wastes or other wastes.
18. By "Generator" means any person whose activity produces hazardous wastes or other wastes that are subject to transboundary movement or, if that person is not known, the person who is in possession of such wastes and / or control.
19. "Disposer" means any person to whom hazardous wastes or other wastes are shipped and who carries out the disposal of such wastes.
20. "Organization of political and / or economic" an organization constituted by sovereign States to which its Member States have transferred competence in the areas governed by this Convention and which has been duly authorized, in accordance with its internal procedures means , to sign, ratify, accept, approve or formally confirm the agreement, or to accede to it.

21. "Illicit traffic" means any transboundary movement of hazardous wastes or other wastes as specified in Article 9.

ARTICLE 3. NATIONAL DEFINITIONS OF HAZARDOUS WASTES.
1. Each Party to the Convention Secretariat, within six months from the date on which becomes party to this agreement, information on wastes, other than those listed in Annexes I and II, considered or defined as hazardous under of their national legislation and of any requirements concerning transboundary movement procedures applicable to such wastes.
2. Subsequently, each Party shall notify the Secretariat of any significant changes to the information it has provided pursuant to paragraph 1.
3. The Secretariat shall immediately transmit to all parties the information received pursuant to paragraphs 1 and 2.
4. Parties are obliged to make available to its exporters information transmitted to them by the Secretariat pursuant to paragraph 3.

ARTICLE 4. GENERAL OBLIGATIONS.
1. a) Parties exercising their right to prohibit the import of hazardous wastes and other wastes for disposal shall inform the other Parties of their decision in accordance with Article 13;
B) Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes to the Parties which have prohibited the import of such wastes, when this prohibition has communicated them in accordance with paragraph a) of this Article;
C) Parties shall prohibit or shall not permit the export of hazardous wastes and other wastes if the State of import does not consent in writing to the imports in question, where that State of import has not prohibited the import of such waste.
2. Each Party shall take appropriate measures:
a) Minimize the generation of hazardous wastes and other wastes within it, taking into account social, technological and economic aspects;
B) Establish adequate disposal facilities for the environmentally sound management of hazardous wastes and other wastes, whatever the place of their disposal, as far as possible, be located within it is made;
C) Ensure that persons involved in the management of hazardous wastes and other wastes within it take the necessary measures to prevent such management in contamination and, if it occurs to reduce the minimize their impact on human health and the environment;
D) Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to a minimum, consistent with environmentally sound and efficient management of such waste, which is carried out so that will protect human health and the environment from the adverse effects which may result from such movement;
E) Not allow the export of hazardous wastes and other wastes to a State or group of States belonging to an economic integration organization and / or policies that are Parties, particularly developing countries, which have prohibited by their legislation all imports, or if they have reason to believe that the wastes will not be subject to 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 wastes proposed in accordance with Annex V A. with for the effects of the proposed movement on health are openly declare human and the environment;
G) Prevent the import of hazardous wastes and other wastes if it has reason to believe that the wastes will not be subject to environmentally sound management;
H) Cooperate with other interested parties and organizations 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 such wastes and prevent illicit trafficking;
3. The parties consider that illegal traffic in hazardous wastes and other wastes is criminal.
4. Any party take the legal, administrative and other measures necessary to implement and enforce the provisions of this agreement, including measures to prevent and suppress acts which contravene this Convention.

5. Neither Party shall not permit hazardous wastes and other wastes to be exported to a State not Party or to be imported from a non-Party.
6. The Parties agree not to allow the export of hazardous wastes and other wastes for disposal within the area south of 60 south latitude, whether or not such wastes are subject to transboundary movement.
7. Furthermore each Party shall:
a) Prohibit all persons under its national jurisdiction from transporting or disposing of hazardous wastes and other wastes unless such persons are authorized or allowed to perform such operations;
B) Require that hazardous wastes and other wastes that are subject to transboundary movement be packaged, labeled and transported in conformity with generally accepted and recognized on packaging, labeling and transport regulations and international standards and with due regard account internationally recognized practices in this regard;
C) Require that hazardous wastes and other wastes be accompanied by a movement document from the point where the transboundary movement commences to the point where the wastes are removed.
8. Any party require that hazardous wastes and other wastes to be exported, are managed in an environmentally sound manner in the State of import or elsewhere. At its first meeting the parties will adopt technical guidelines for the environmentally sound management of wastes subject to this agreement.
9) The Parties shall take appropriate measures to ensure that the transboundary movement of hazardous wastes and other wastes only be allowed if:
a) The State of export does not have the technical capacity and the services required or places suitable disposal to eliminate waste in question in an environmentally sound and efficient manner; or
b) The wastes in question are required as a raw material for recycling or recovery industries in the State of import, or
c) The transboundary movement in question is carried out in accordance with other criteria they can decide Parties provided those criteria do not differ from the objectives of this agreement.
10. Under no circumstances be transferred to the States of import or transit the obligation, under this Convention, States in which hazardous wastes and other wastes require that such wastes are managed in an environmentally sound manner are generated.
11. Nothing in this agreement shall prevent a Party from imposing additional requirements that are consistent with the provisions of this agreement and agree to the rules of international law, in order to better protect human health 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 and the sovereign rights and jurisdiction that States have in their exclusive economic zones and on their platforms continental accordance with international law, and the exercise by ships and aircraft of all States of navigational rights and freedoms provided for in international law and as reflected in relevant international instruments.
13. The parties undertake to review periodically the possibilities of reducing the amount and / or the pollution potential of hazardous wastes and other wastes which are exported to other States, particularly developing countries.

ARTICLE 4-A.
1. Each of the parties listed in Annex VII shall prohibit all transboundary movements of hazardous wastes which are destined for operations according to Annex IV A, to States not listed in Annex VII.
2. Each of the parties listed in Annex VII shall phase out by 31 December 1997 and prohibit from that date, all transboundary movements of hazardous wastes referred to in paragraph a) of subsection y) of Article 1 of the Convention they are intended for the operations provided for in Annex IV B to States not listed in Annex VII. Such transboundary movement shall be prohibited unless the wastes in question are characterized as hazardous under the provisions of the Convention. Effective Notes


The 5th ITEM. DESIGNATION OF COMPETENT AUTHORITIES AND CONTACT POINT. To facilitate the implementation of this Convention, the Parties:

1. They designate or establish one or more competent authorities and point of contact. a competent authority shall be designated to receive the notification in the case of a State of transit.
2. They shall inform the Secretariat, within three months following the entry into force of this Convention for them, which agencies they have designated as their focal point and their competent authorities are.
3. They shall inform the Secretariat, within one month following the date of the decision, any changes regarding the designation made by them under paragraph 2 of this Article.

ARTICLE 6o. Transboundary Movement between Parties.
1. The State of export shall notify or require the generator or exporter to notify, in writing, through the competent authority of the exporting State, to the competent authority of the States concerned of any transboundary movement 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 importing country. You only need 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, denying movement or requesting additional information. copy of the final response of the State of import to the competent authorities of the States concerned which are Parties will be sent.
3. The State of export shall not allow the generator or exporter to commence the transboundary movement until it has received written confirmation that:
a) the notifier has received the written consent of the importing country, and
b) notifier has received from the State of import confirmation of the existence of a contract between the exporter and the disposer stipulated that question has to be environmentally sound management of wastes in question.
4. Each State of transit shall promptly acknowledge receipt of notification to notifier. You can then respond in writing to the notifier, within 60 days, consenting to the movement with or without conditions, denying movement or requesting additional information. The State of export shall not allow the transboundary movement until it has received the written consent of the transit State. However, if a Party decides at any time not to require prior written consent, either generally or under certain conditions, for transit transboundary movements of hazardous wastes or other wastes, or modifies its requirements in this respect, inform without delay of its decision to the other Parties in accordance with Article 13. in the latter case, if the exporting State no response is received within 60 days of receipt of notification of the transit State, the State of export may allow the export to proceed through the State of transit.
5. Where in a transboundary movement of wastes, wastes have not been legally defined or are not considered hazardous wastes only:
a) In the State of export, the provisions of paragraph 9 of this Article apply to the importer or disposer and State of import shall apply to the exporter and State of export, respectively, or
b) in the importing State or States of import and transit which are Parties mutandis, the provisions of paragraphs 1 , 3, 4 and 6 of this Article applicable to the exporter and State of export, shall apply to the importer or disposer and the State of import respectively, or
c) mutatis in any State of transit Party will the provisions of paragraph 4.
6. The State of export may, subject to the written consent of the States concerned, allow the generator or exporter to make a general notification when some hazardous wastes or other wastes having the same physical and chemical characteristics are shipped regularly to the same disposer by the same customs office of exit of the exporting country, for the same customs office of entry in the importing State and, in the case of transit, for the same customs offices of entry and exit of the State or the transit State.

7. The States concerned may make their written consent to the use of the general notification referred to in paragraph 6 depend on certain information to be provided relates, such as the exact quantities of hazardous wastes or other wastes to be sent or a 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 during a maximum period of 12 months.
9. The parties require that any person involved in a transboundary movement of hazardous wastes or other wastes sign the document on that motion at the time of delivery or receipt of the wastes in question. They also require that the disposer inform both the exporter and the competent authority of the exporting country that has received the wastes in question and, in due time, it has been concluded removal in accordance with specified in the notice. If the exporting State does not receive that information, the competent authority of the exporting country or exporter shall so notify the State of import.
10. The notification and response required by this Article shall be transmitted to the competent authority of the Parties concerned or the appropriate government authority in the case of States not Party.
11. The State of import or any State of transit Party may require that any transboundary movement of hazardous wastes is covered by insurance, bond or other security.

ARTICLE 7. CROSS-BORDER MOVEMENT OF A PARTY THROUGH STATES NOT PARTIES. Paragraph 1 of Article 6 of this Convention shall apply mutatis mutandis to the transboundary movement of hazardous wastes or other wastes from a Party through a State or States not Parties.

Article 8. OBLIGATION reimport. When a transboundary movement of hazardous wastes or other wastes to which the States concerned have given their consent in accordance with the provisions of this Convention can not be carried to term 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 you can not take other measures to eliminate environmentally sound manner within 90 days from the time that the importing State informed the State of export and the Secretariat, or within the time agreed between the States concerned. To this end, any Party transit State or the State of export will oppose the return of those wastes to the State of export, hinder or prevent.

Article 9. SMUGGLING.
1. For the purposes of this Convention, any transboundary movement of hazardous wastes or other wastes;
A) Without notification to all interested States under 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 of the States concerned through falsification, misrepresentation or fraud,
d) that does not conform to the documents in an essential aspect or
e) that results in deliberate disposal (eg dumping) of waste hazardous or other wastes in contravention of this Convention and the general principles of international law, is deemed to be illegal traffic.
2. In the case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of the conduct of the exporter or generator, the State of export shall ensure that such wastes are:
a) taken back by the exporter or the generator or if necessary by itself, the State of export or, if this is not possible;
B) otherwise disposed of in accordance with the provisions of this Agreement within 30 days from the time the State of export has been informed about the illegal traffic or within such other period of time agreed upon the States concerned. To this end, the Parties concerned shall not oppose the return of those wastes to the State of export, hinder or prevent.

3. When a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of the conduct of the importer or disposer, the State of import shall ensure that the wastes in question are disposed of in an environmentally sound manner by the importer or the disposer or, if necessary, by himself, within 30 days from the time the State of import has been aware of the illegal traffic or such other period agreed to by the States concerned. To this end, the parties shall cooperate, as necessary, for the disposal of waste in an environmentally sound manner.
4. When the responsibility for the illegal traffic can not be attributed to the exporter or generator or to the importer or disposer, the Parties concerned or other Parties, as appropriate, cooperate to ensure that the wastes in question are disposed of as soon as possible in an environmentally sound manner in the State of export or the State of import or elsewhere as appropriate.
5. Each Party shall introduce appropriate national legislation to prevent and punish illegal traffic. The Contracting Parties shall cooperate with a view to achieving the objectives of this article.

ARTICLE 10. INTERNATIONAL COOPERATION.
1. The parties will cooperate with each other to improve and achieve environmentally sound management of hazardous wastes and other wastes.
2. To this end, the Parties shall:
a) Upon request, 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 harmonization of standards and practical techniques for proper management of hazardous wastes and other wastes;
B) cooperate in monitoring the effects of management of hazardous wastes on human health and the environment.
C) Cooperate, subject to their laws, regulations and policies, in the development and implementation of new environmentally sound technologies and low-waste and improving existing technologies with a view to eliminating, in most extent possible, the generation of hazardous wastes and other wastes and achieving more effective and efficient for their environmentally sound management methods, including consideration of economic, social and environmental effects of the adoption of such new or improved technologies;
D) cooperate actively, subject to their 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 should also cooperate in developing the technical capacity among Parties, especially those requiring and requesting assistance in this area;
E) Cooperating in the development of technical guidelines or codes of practice, or both.
3. The Parties shall employ appropriate means of cooperation to assist developing countries with respect to the application of paragraphs a), b) and c) of paragraph 2 of Article 4.
4. Given the needs of developing countries, cooperation between Parties and relevant international organizations should promote, inter alia, public awareness, the development of sound management of hazardous wastes and other wastes and the adoption of new low-waste technologies.

ARTICLE 11. BILATERAL AGREEMENTS, multilateral and regional.
1. Notwithstanding the provisions of paragraph 5 of Article 4, the Parties may enter into bilateral, multilateral or regional agreements on transboundary movement of hazardous wastes and other wastes with Parties or States not Parties provided that such agreements or arrangements do not undermine the environmentally sound management of hazardous wastes and other wastes as required by this agreement. These agreements 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 developing countries.

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

ARTICLE 12 CONSULTATIONS ON LIABILITY. The parties shall cooperate with a view to adopt as soon as possible a protocol setting out the rules and appropriate procedures in respect to liability and compensation for damage resulting from transboundary movement and disposal of hazardous and other wastes.

ARTICLE 13 TRANSMISSION OF INFORMATION.
1. The parties shall ensure that, when it comes to their knowledge, the States concerned are immediately informed in case of an accident occurring during the transboundary movement of hazardous wastes or other wastes or their disposal that could pose risks to human health and the environment environment in other States.
2. The Parties shall inform each other, through the Secretariat, of:
a) relating to the designation of competent authorities and / or contact points changes in accordance with Article 5;
B) Changes in their national definition of hazardous waste under Article 3; and, as soon as possible about:
c) Decisions made by them not to consent totally or partially, the import of hazardous wastes or other wastes for disposal within the area under their national jurisdiction;
D) Decisions have been taken to limit or ban the export of hazardous wastes or other wastes;
E) Any other information required pursuant to paragraph 4 of this Article.
3. The Parties, consistent with national laws and regulations, shall transmit, through the Secretariat, the Conference of the Parties established under Article 15, before the end of each calendar year, a report on the previous calendar year, containing the following information:
a) the competent authorities and the contact points chosen in accordance with Article 5;
B) Information regarding transboundary movements of hazardous wastes or other wastes in which they have participated, including:
i) The amount of hazardous wastes and other wastes exported, their category, characteristics, destination, transit country and disposal method as stated on the response to notification;
Ii) The amount of hazardous wastes imported, their category, characteristics, origin, and disposal methods;
Iii) Disposals which did not proceed as planned;
Iv) Efforts to achieve a reduction of the amount of hazardous wastes and other wastes subject to transboundary movement;
C) Information on the measures taken pursuant to this agreement;
D) Information on qualified have compiled statistics on the effects they have on human health and the environment of the generation, transportation and disposal of hazardous wastes;
E) Information on resources and bilateral, multilateral and regional agreements concluded in accordance with Article 11 of this Convention;
F) Information on accidents occurring during the transboundary movement and disposal of hazardous wastes and other wastes and on the measures taken to deal with them;
G) Information on the various disposal methods used within areas under their national jurisdiction;
H) Information on measures taken to develop technologies for reducing and / or eliminating the generation of hazardous wastes and other wastes, and
i) Such other matters as the Conference of the Parties shall deem relevant.
4. The parties, in accordance with national laws and regulations, shall ensure that the Secretariat copies of each notification concerning any given transboundary movement of hazardous wastes or other wastes, and the response to such a notification, when a Party considers that this transboundary movement may affect their environment has requested that this be done.

ARTICLE 14. FINANCIAL ASPECTS.

1. The Parties agree that, depending on the specific needs of different regions and subregions, regional centers for training and technology transfer regarding the management of hazardous wastes and other wastes and the reduction should be set to a minimum of his generation. The Contracting Parties shall decide on the establishment of appropriate funding mechanisms of a voluntary nature.
2. The Parties shall consider the desirability of establishing a revolving fund to provide interim assistance in emergency situations, in order to minimize damage from accidents arising from transboundary movement and disposal of hazardous wastes and other wastes.

ARTICLE 15. CONFERENCE OF THE PARTIES.
1. It is established a conference of the Parties. The Executive Director of United Nations Environment Programme convened the first meeting of the Conference of the Parties no later than one year after the entry into force of this agreement. Thereafter, ordinary meetings of the Conference of the Parties at regular intervals determined by the Conference at its first meeting be held.
2. Extraordinary meetings of the Conference of the Parties shall be held at the conference deems it necessary or if either party requests it in writing, provided that, within six months from the date the application is communicated to them by the secretariat one third of the Parties, at least, support that request.
3. The Conference of the Parties agreed and adopted by consensus its rules of procedure and those of any subsidiary bodies established, as well as financial rules to determine in particular the financial participation of the Parties under this Convention.
4. At its first meeting, the Parties shall consider any additional measures necessary to facilitate the fulfillment of their responsibilities for the protection and conservation of the marine environment in the ontext of this agreement.
5. The conference of the parties under continuous review and evaluation the effective implementation of this Convention, and:
a) Promote the harmonization of policies, strategies and appropriate measures to minimize damage to human health and the environment by hazardous wastes and other wastes;
B) Consider and adopt, as required, amendments to this agreement and its annexes taking into account, inter alia, environmental economic scientific, technical, and available;
C) Consider and take all other necessary steps to achieve the purposes of this Convention in the light of the experience gained during its implementation and that of agreements and arrangements Article 11 refers to;
D) Consider and adopt protocols as required, and
e) establish such subsidiary bodies as are deemed necessary for the implementation of this Convention.
6. The United Nations and its specialized agencies, as well as any State not party to this Convention, may be represented as observers at meetings of the Conference of the Parties. Any other body or national or international, governmental or non-governmental organization, qualified in fields relating to hazardous wastes and other wastes which has informed the secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer it may be admitted to participate unless at least one third of the Parties present oppose it. The admission and participation of observers shall be subject to rules adopted by the Conference of the Parties.
7. The Conference of the Parties shall undertake three years after the entry into force of the Convention and thereafter at least every six years, to assess their effectiveness and, if necessary, to consider a complete or partial ban transboundary movements of hazardous wastes and other wastes in the light of the latest scientific, environmental, technical and economic information.

ARTICLE 16. SECRETARIAT.
1. The Secretariat shall have the following functions:
a) Organize meetings referred to Articles 15 and 17 and provide services;
B) To prepare and transmit reports based upon information received in accordance with Articles 3, 4, 6, 11 and 13, as well as information obtained during the meetings of the subsidiary bodies under the provisions reports in Article 15, and also, where appropriate, on information provided by relevant intergovernmental and non-governmental entities;

C) To prepare reports on its activities carried out in the performance of its functions under this Convention and present them to the conference of the parties;
D) To ensure the necessary coordination with other relevant international bodies and in particular to enter into such administrative and contractual arrangements as may be necessary for the effective performance of their duties;
E) To communicate with the competent authorities and the contact points established by the Parties in accordance with Article 5 of this Convention;
F) To compile information concerning authorized national facilities and places of Parties available for the disposal of their hazardous wastes and other wastes and to circulate this information among Parties;
G) To receive and convey information from and to Parties on:
- sources of technical assistance and training;
- Technical and scientific knowledge available;
- Sources of advice and expertise; and availability of resources, with a view to assist Parties upon request in sectors such as:
- The operation of the notification system established in this agreement;
- The management of hazardous wastes and other wastes;
- Environmentally sound technologies relating to hazardous wastes and other wastes, such as technologies that generate little or no waste;
- The evaluation of the capabilities and disposal sites;
- Monitoring of hazardous wastes and other wastes;
- Emergency measures;
H) To provide Parties who request information on consultants or consulting firms having the necessary technical competence in this field, which can assist them to examine the notification of a transboundary movement, the concurrence 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 if it has reason to believe that the wastes will not be managed in an environmentally sound manner, none of these tests should run in charge of the Secretariat;
I) To assist Parties upon request to determine cases of illegal traffic and to circulate immediately to the Parties concerned any information it has received regarding illegal traffic;
J) Cooperate with the parties and organizations and relevant and competent in the provision of experts and equipment to quickly assist States in case of emergencies international organizations and
k) Play other functions related to the purposes of this Agreement as determined by the conference of the Parties.
2. The United Nations Environment Programme provisionally perform the secretariat functions until the end of the first meeting of the Conference of the Parties held in accordance with Article 15. 3
. At its first meeting, the Conference of the Parties shall designate the secretariat from among those existing competent intergovernmental organizations that have declared their willingness to carry out the secretariat functions under this Convention. At that meeting, the Conference of the Parties shall also evaluate the implementation by the interim Secretariat of the functions and which would have been assigned, particularly under paragraph 1 of this article, and decide appropriate for the performance of those functions structures.

ARTICLE 17. AMENDMENTS TO THE CONVENTION.
1. Any Party may propose amendments to this Convention and any Party to a protocol may propose amendments to that protocol. Such amendments relevant scientific and technical considerations are properly taken into account, among other things.
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 in question, the text of any proposed amendment to this Convention or any protocol except as otherwise provided in such protocol, shall be communicated to the parties by the Secretariat at least six months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate proposed amendments to the signatories to this Convention for information.

3. The parties shall make every effort to reach agreement by consensus on any proposed amendment to this Convention. After exhausting all efforts to achieve consensus without having reached an agreement, the amendment shall, as a last resort, by three-fourths majority of the Parties present and voting at the meeting, and will be presented to all Parties by the depositary for ratification, approval, formal confirmation or acceptance.
4. The procedure referred to in paragraph 3 of this Article shall apply to amendments to any protocol, except that suffice for their adoption a majority of two third of the Parties to that protocol present and voting at the meeting.
5) instruments of ratification, approval, formal confirmation or acceptance of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force for Parties that 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 three-fourths at least of the Parties have accepted the amendments to the protocol is concerned, unless it is arranged in anything else. Amendments shall enter into force for any other party 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 voting" means Parties present and casting an affirmative or negative vote.

ARTICLE 18 ADOPTION AND AMENDMENT OF ANNEXES.
1. The annexes to this Convention or any protocol shall form an integral part of this Convention or the protocol concerned, as appropriate and, unless expressly provided otherwise, it will be understood that any reference to this Convention or its protocols refers to while any of the annexes. Such annexes shall be restricted to scientific, technical and administrative issues.
2. Unless otherwise provided in any protocol with respect to its annexes to the proposal, adoption and entry into force of additional annexes to this Convention or annexes to a protocol available, the following procedure shall be followed:
a) the annexes to this Convention and its protocols shall be proposed and adopted according to the procedure prescribed in paragraphs 2, 3 and 4 of Article 17;
B) Any Party that is unable to accept an additional annex to this Convention or an annex to any protocol to which it is a party, shall notify in writing the Depositary within six months from the date of communication the adoption by the Depositary. The Depositary shall promptly notify all Parties of any such notification received. A Party may at any time substitute a previous declaration of objection acceptance and, if so, the annexes shall enter into force for that Party;
C) On the expiry of six months from the date of circulation of the communication by the Depositary, the annex shall become effective for all Parties to this Convention or the protocol concerned which have not submitted a notification in accordance with paragraph b) of this paragraph.
3. The proposal, adoption and entry into force of amendments to the Annexes to this Convention or any protocol will apply the same procedure as for the proposal, adoption and entry into force of annexes to the Convention or annexes to a protocol. Annexes and amendments thereto shall take due account, inter alia, relevant scientific and technical considerations.
4. If an additional annex or an amendment to an annex involves an amendment to this Convention or any protocol, the additional annex or amendment shall not enter into force until it enters into force the amendment to this Convention or to the protocol.

ARTICLE 19. VERIFICATION. Any Party which has reason to believe that another Party is acting or has acted in violation of its obligations under this Convention may inform the Secretariat and, if so, simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. The Secretariat shall provide all relevant information to the Parties.

ARTICLE 20. DISPUTE.

1. If a dispute between Parties concerning the interpretation, application or fulfillment of this Agreement or any of its protocols, the parties shall seek solution through negotiation or any other peaceful means of their choice.
2. If the parties concerned can not settle their dispute through the means mentioned in the preceding paragraph, the dispute shall be submitted, if the parties to the dispute agree, to the International Court of Justice or to arbitration under the conditions set out in Annex VI on arbitration. However, if there is no agreement to submit the dispute to the International Court of Justice or to arbitration, the Parties shall not be exempted from the obligation to keep trying to resolve it by the means referred to in paragraph 1.
3. When ratifying, accepting, approving, formally confirming this Convention or acceding to it, or at any time thereafter, a State or organization of political and / or economic may declare that it recognizes as compulsory ipso facto and without special agreement, for any other Party accepting the same obligation, the submission of the dispute:
a) the International Court of Justice and / or
b) arbitration in accordance with the procedures set out in Annex VI.
This declaration shall be notified in writing to the Secretariat, which shall communicate it to the Parties.

ARTICLE 21. SIGNATURE. This Agreement shall be open for signature by States, by Namibia, represented by the Council of the United Nations for Namibia, and organizations of political and / or economic in Basel on 22 March 1989, the Federal Department of Foreign Affairs of Switzerland in Berne from 23 March to 30 June 1989 and at United Nations Headquarters in New York from 1st. July 1989 until 22 March 1990.

ARTICLE 22 RATIFICATION, ACCEPTANCE, FORMAL CONFIRMATION OR APPROVAL.
1. This Agreement shall be subject to ratification, acceptance or approval by States and by Namibia, represented by the United Nations Council for Namibia, and to formal confirmation or approval by the organizations of political and / or economic. The instruments of ratification, acceptance, formal confirmation or approval shall be deposited with the Depositary.
2. Any organization nature that paragraph 1 of this Article which becomes a Party to this Convention without being a Party shall any of its Member States shall be subject to all the obligations under the Convention concerns. When one or more Member States of these organizations are Parties to the Convention, the organization and its Member States shall decide on their respective responsibilities with regard to the implementation of the obligations under the Convention. In such cases, the organization and the Member States shall not be entitled to exercise the same rights under the Convention.
3. In their instruments of formal confirmation or approval, the organizations referred to in paragraph 1 of this Article shall declare the extent of its competence over matters governed by the Convention refers. These organizations shall also inform the Depositary, who shall inform the Contracting Parties of any substantial modification in the extent of their competence.

ARTICLE 23. ACCESSION.
1. This Agreement shall be open for accession by States, by Namibia, represented by the Council of the United Nations for Namibia, and organizations of political and / or economic from the day following the date on which the Convention has been closed for signature. The instruments of accession shall be deposited with the Depositary.
2. In their instruments of accession, the organizations referred to in paragraph 1 of this Article shall declare the extent of its competence over matters governed by the Convention refers. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence.
3. The provisions of paragraph 2 of Article 22 shall apply to organizations of political and / or economic accede to this Convention.

ARTICLE 24. RIGHT TO VOTE.
1. Except as provided in paragraph 2 of this article, each Party to this Convention shall have one vote.

2. Organizations political and / or economic integration exercise their right to vote on matters within its jurisdiction in accordance with paragraph 3 of Article 22 and paragraph 2 of Article 23, with a number of votes equal to the number of its Member States that are parties to the Convention or the relevant protocols. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa.

ARTICLE 25. ENTRY INTO FORCE.
1. This Agreement shall enter into force on the ninetieth day following the date on which has been deposited in twentieth instrument of ratification, acceptance, formal confirmation, approval or accession.
2. For each State or organization of political and / or economic ratifying, accepting, approving or formally confirms this Convention or acceding to it after the deposit of the twentieth instrument of ratification, acceptance, approval, formal confirmation or accession the Convention shall enter into force on the ninetieth day following the date on which such State or organization of political and / or economic deposit of its instrument of ratification, acceptance, approval, formal confirmation or accession.
3. For the purposes of paragraphs 1 and 2 of this article, any instrument deposited by an organization of political and / or economic not be counted as additional to those deposited by member States of such organization.

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, when signing, ratifying, accepting, approving or formally confirm this Convention or acceding to a State or an organization of political and / or making declarations or statements, whatever phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of the Convention, provided that it is not interpreted that such declarations or statements exclude or modify the legal effect of the provisions of the Convention and their application to that State.

ARTICLE 27. DENUNCIATION.
1. At any time after the expiration of a period of three years from the date of entry into force of this Convention for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary.
2. The withdrawal will take effect one year after the date on which the Depositary has received the notification or at any later date as may be specified.

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, Russian and this Convention are equally authentic.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto
, have signed this Agreement.
Done at Basel on 22 March 1989.

ANNEX I. CATEGORIES OF WASTES TO BE CONTROLLED Waste Streams

Y1 Clinical wastes from medical care in hospitals , medical centers and clinics
Y2 Wastes from the production and preparation of pharmaceutical products Y3 Waste
drugs and pharmaceuticals
Y4 Wastes from the production, formulation and use of biocides and phytopharmaceuticals | || Y5 Wastes from the manufacture, formulation and use of chemicals for wood preservation
Y6 Wastes from the production, formulation and use of organic solvents Y7
Waste, containing cyanides heat treatment and tempering operations
Y8 waste mineral oils unfit for the use for which they were intended
Y9 waste mixtures, emulsions of oil and water or hydrocarbon and water
Y10 substances and articles waste containing or contaminated with polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBB)
Y11 waste tarry residues arising from refining, distillation and any pyrolytic treatment Y12 wastes
production, formulation and use of inks, dyes, pigments, paints, lacquers, varnishes.
Y13 Wastes from production, formulation and use of resins, latex, plasticizers, glues and adhesives
Y14 Waste chemical substances unidentified or new, resulting from research and development or teaching activities and whose effects on humans or the environment are not known

Y15 Waste of an explosive nature not subject to other legislation
Y16 Wastes from production, formulation and use of chemicals and materials for photographic purposes
Y17 Wastes resulting from surface treatment of metals and
plastics Y18 Residues arising from the operations of disposal of industrial waste.
Wastes having as constituents: Y19

Metal carbonyls Y20 Beryllium, beryllium compounds
Y21 Hexavalent chromium compounds Y22 Copper compounds


Y23 Zinc compounds Y24 arsenic, arsenic compounds
Y25 selenium, selenium compounds cadmium
Y26, Y27 cadmium compounds
antimony, antimony compounds Y28 tellurium
, tellurium compounds Y29
mercury, mercury compounds
30 thallium, thallium compounds
Y31 lead, lead compounds
Y32 inorganic fluorine compounds, excluding calcium fluoride Y33 inorganic cyanides

Y34 acidic solutions or acids in solid form | || Y35 basic solutions or bases in solid form Y36 Asbestos
(dust and fiber)
Y37 organic phosphorus compounds Y38 organic cyanides

Y39 Phenols, phenol compounds including chlorophenols
Y40 Ethers Y41 halogenated organic solvents

Y42 organic solvents excluding halogenated solvents Y43 Any congener
group CDFs
Y44 Any congener of polychlorinated dibenzo compounds Y45
organohalogen, other than the substances listed in this Annex (eg Y39, Y41, Y42, Y43, Y44).
ANNEX II.
CATEGORIES OF WASTES REQUIRING SPECIAL CONSIDERATION Y46 Wastes collected
of
households Y47 Residues arising from the incineration of household
ANNEX III.

LIST OF HAZARDOUS CHARACTERISTICS UN Class
No. Code

Features 1 H1 Explosives.
An explosive substance or waste any substance or solid or liquid waste (or mixture of substances or wastes) means that by itself is capable by chemical reaction of producing gas at such a temperature, pressure and such speed can cause damage to the surrounding area.
3 H3 Flammable liquids.
For flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example paints, varnishes, lacquers, etc. but not including substances or wastes otherwise classified due to its characteristics dangerous) that emit flammable vapor at temperatures no higher than 60, 5C, in tests with closed or no more than 65 bucket, 6C in open-cup test (such as test results with open tray and closed tray are not strictly comparable and even the results by the same test are often variable, regulations that depart from the above figures to take account of such differences would be within the spirit of this definition). 4.1 H4.1 Flammable solids

It is solid, or solid waste, other than those classed as explosives, which under conditions during transport are readily combustible or may cause or contribute to fire, due to friction.
4.2 H4.2 Substances or wastes liable to spontaneous combustion
This is substance or wastes liable to spontaneous heating under normal conditions of transport, heating or contact with air, and can then go on.
4.3 H4.3 Substances or wastes which, in contact with water, emit flammable gases.
Substances or wastes which, by interaction with water, are liable to spontaneous emission or flammable gases in dangerous quantities inflammation.
5.1 H5.1 Oxidizing Substances or wastes which, not necessarily combustible, may, generally by yielding oxygen, cause or contribute to the combustion of other materials.

Organic peroxides 5.2 H5.2 Substances or wastes which contain the bivalent -0-0- structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition.
Toxics 6.1 H6.1 (acute)
Substances or wastes which can cause death or serious injury or damage to human health if swallowed or inhaled or by skin contact.

6.2 H6.2 Infectious substances Substances or wastes containing viable microorganisms or their toxins which are known or suspected to cause disease in animals or humans.
8 H8 Corrosives

Substances or wastes which, by chemical action, will cause severe damage to living tissue, or, in case of leakage, will materially damage, or even destroy, other goods or the means of transport; or they may also cause other hazards.
9 H10 Liberation of toxic gases in contact with air or water
substances or wastes which, by interaction with air or water, may emit toxic gases in dangerous quantities.
9 H11 Toxic (Delayed or chronic) Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity.

9 H12 Ecotoxic Substances or wastes which if released present or may present immediate or delayed adverse impacts on the environment due to bioaccumulation or toxic effects upon biotic systems.
9 H13 can by any means after disposal, of yielding other substance, eg a leachate, which possesses any of the characteristics listed above. Testing

The dangers may miss certain types of wastes are not yet fully documented; there is no evidence to make a quantitative assessment of these risks. It requires more research to develop means to characterize potential hazards posed by these wastes to humans or the environment. They have been derived with respect to pure substances and materials testing. Many countries have developed national tests which can be applied to materials listed in Annex I, in order to decide if these materials exhibit any of the characteristics described in this Annex. ANNEX IV


A DISPOSAL OPERATIONS. Operations which do not lead to resource recovery, recycling, reclamation, direct reuse or other uses.
Section A encompasses all such disposal operations carried out in practice.
D1 Deposit, in or on the land (eg, landfill, etc.).
D2 Land treatment (eg biodegradation of liquid or sludgy discards in soils, etc.)
D3 Deep injection (eg injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc. .).
D4 Surface impoundment (eg placement of liquid or sludge discards into pits, ponds, lagoons, etc.) D5 Specially designed
Fillers (eg placement in separate watertight compartments coated and isolated from each other and environment, etc.)
D6 Release into a water body except seas and oceans.
D7 Release into seas and oceans including seabed insertion.
D8 ​​Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by any of the operations in the A.
section D9 Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by any of the operations in section a (eg evaporation, drying, calcination, neutralization, precipitation, etc.) D10
Deposit, in or on the land ( for example, fillers, etc.).
D11 Incineration at sea.
D12 Permanent storage (eg emplacement of containers in a mine, etc.)
D13 Blending or mixing prior to any of the operations in Section A D14 Repackaging prior
any of the operations in section a D15 Storage
pending any of the operations in section a
B. Operations which may lead to resource recovery, recycling, reclamation, direct reuse or alternative uses
Section B encompasses all operations with respect to materials that are considered legally defined as or hazardous wastes and which otherwise they would have been destined for operations included in section A.
R1 Use as a fuel (other than in direct incineration) or means of generating energy centers
R2 Recovery or regeneration of solvents R3 Recycling
or recovery of organic substances not used as solvents R4 Recycling
or reclamation of metals and metal compounds R5
recycling or recovery of other inorganic materials R6 Regeneration
acids or bases R7 recovery of components
used to reduce pollution
R8 Recovery of components from catalysts R9
refining or other re-used
R10 land treatment resulting in benefit to agriculture or ecological improvement oils

R11 Use of residual materials obtained from any of the operations numbered R1 to R10
R12 Exchange of wastes for submission to any of the operations numbered R1 to R11
R13 Accumulation of material intended for any of the operations in section B.
ANNEX V A.
INFORMATION TO BE PROVIDED ON NOTIFICATION
1. Reason for waste export
2. Exporter of the waste 1/3
. Generator (s) of the waste and site of generation 1 /
4. Disposer of the waste and actual site of disposal
5. Carrier (s) provided (s) of the waste or their agents, if known (s) 1 /
6. State of export of the waste Competent authority 2 /
7. Provided transit States Competent authority 2 /
8. State of import of the waste Competent authorities
2 /
9. General or single notification.
10. Date (s) provided (s) of (the) shipment (s), time period during which waste and proposed itinerary (including point of entry and exit 3 / be exported.
11. Means of transport envisaged (road, rail, sea, air, inland waterway).
12. Information relating to insurance 4 /.
13. Designation and physical description of the waste, including their number and number of the United Nations, and its composition 5 / and information on any special handling requirements including emergency provisions in case of accident.
14. Type of packaging envisaged (eg bulk, drums, tanks) .
15. estimated quantity in weight / volume 6 /.
16. the process by which the waste 7 / were generated.
17. for wastes listed in Annex I, classifications from Annex II : hazardous characteristic, H number, and UN class
18 disposal Method according to Annex III
19.... Declaration by the generator and exporter that the information is correct.
20. Information (including technical description of the plant) communicated to the exporter or generator by the disposer of waste and in which it has based its assumption that there is no reason to believe that the waste will not be managed in an environmentally sound manner in accordance with the laws and regulations of the importing country.
21. Information concerning the contract between the exporter and disposer.
1 / Full name and address, telephone, telex or telefax number and the name, address, telephone number, telex or telefax number of the person on whom be contacted.
2 / Full name and address, telephone number, telex or fax.
3 / In case of a general notification covering several shipments, the dates of each shipment or, if this is not known, the expected frequency of the shipments.
4 / Information to be provided on relevant insurance requirements and how they are met by exporter, carrier and disposer.
5 / The nature and concentration of the most hazardous components, in terms of toxicity and other dangers presented by the waste both in handling and in relation to the proposed disposal method.
6 / In case of a general notification covering several shipments, both the estimated amounts and the estimated total amount for each of the shipments.
7 / Insofar as this is necessary to assess the risk and determine the appropriateness of the proposed disposal operation.
ANNEX V
B. INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT ENEL
1. Exporter of the waste 1 /.
2. Generator (s) of the waste and site of generation 1 /.
3. Disposer of the waste and actual site of disposal 1 /.
4. Carrier (s) of the waste 1 / or (s) agent (s).
5. Subject of general or single notification.
6. Date the transboundary movement started and date (s) started and acknowledgment of each person handling waste.
7. Transport (road, rail, inland waterway, sea, air) including countries of export, transit and import, also point of entry and exit where these have been designated.
8. Overview of the waste (physical state, name and class of the United Nations which, UN number, number and H number as applicable embarks).
9. Information on special handling requirements including emergency provisions in case of accident.
10. Type and number of packages.
11. Amount by weight / volume.
12. Declaration by the generator or exporter that the information is correct.

13. Declaration by the generator or exporter that no objection from the competent authorities of all States concerned which are Parties.
14. Certification by disposer of receipt at designated disposal and indication of method of disposal and the approximate date of disposal.
NOTES.
The information to be contained in the movement document should be integrated where possible in one document with that required in the transport regulations. When this is not possible the information should complement rather than duplicate the data provided in accordance with transport regulations. The movement document must contain instructions on who is to provide information and carry out any form.
1 / Full name and address, telephone, telex or telefax number and the name, address, telephone number, telex or telefax number of the person be contacted in case of emergency.
ANNEX VI.

ARBITRATION ARTICLE 1A. Unless the agreement that Article 20 of the Convention refers to provides otherwise, the arbitration procedure shall be governed by Articles 2 to 10 of this Annex.

ARTICLE 2A The applicant 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 articles of the Convention whose interpretation or application is in dispute. The Secretariat shall forward the information received to all Parties to the Convention.

ARTICLE 3A. The arbitral tribunal shall consist of three members. Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator who shall be the chairman of the tribunal. The latter shall not be a national of any of the parties to the dispute, nor have his habitual residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity.
ARTICLE 4A.
1. If two months after the second arbitrator appointed have not been appointed chairman of the arbitral tribunal, the Secretary General of the United Nations, at the request of either party, designate him within a further two months.
2. If two months after the receipt of the request of the parties to the dispute has not proceeded to the appointment of an arbitrator, the other party may inform the Secretary General of the United Nations who shall designate the president of the arbitral tribunal within a further two months. Once appointed, the chairman of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. After this deadline, the president shall inform the Secretary General of the United Nations, who shall make this appointment within a further two months' period.

ARTICLE 5A.

1. The arbitral tribunal shall render its decision in accordance with international law and the provisions of this agreement.
2. Any arbitral tribunal constituted in accordance with this Annex shall adopt its own rules of procedure.
ARTICLE 6A.

1. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by a majority of its members.
2. The court may take appropriate measures to establish the facts. At the request of one of the parties, recommend essential interim measures.
3. The parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings.
4. The absence or default of a party to the dispute will not disrupt the proceedings.
7A. The court may hear and determine counterclaims arising directly the subject of the dispute over them.
ARTICLE 8A. Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne equally by the parties to the dispute. The tribunal shall keep a record of all your expenses and submit to the Parties a final statement thereof.
ARTICLE 9A. Any Party which has the object of controversy interest of a legal nature which may be affected by the decision may intervene in the proceedings with the consent of the court.
ARTICLE 10A.

1. The tribunal shall render its award within five months from the date on which it is established unless it finds it necessary to extend the period for a period which should not exceed five months.
2. The award of the arbitral tribunal shall be motivated. It shall be final and binding on the parties to the dispute.
3. Any dispute between the Parties concerning the interpretation or enforcement of the award may be submitted by either party to the arbitral tribunal which made the award or, if not possible seized thereof, to another tribunal constituted for this purpose in the same so the first.
Annex VII.
Parties and other States which are members of the OECD and the EC, and Lienchtenstein

Term Notes
LEGISLATIVE BRANCH PUBLIC POWER

PRESIDENCY OF THE REPUBLIC Santafe de Bogota, DC
APPROVED. SUBMIT FOR CONSIDERATION BY THE HONORABLE NATIONAL CONGRESS
EFFECTS FOR CONSTITUTIONAL

Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
DECREES: ARTICLE
1B. Approval of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel on 22 March 1989.
2B. In accordance with the provisions of article 1. 7a Act. 1944, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel on 22 March 1989, that the first article of this law is passed, will force the country from date the international link regarding the same is perfected.
3B. This Law governs from the date of publication.
The President of the Senate of the Republic,
JULIO CESAR Tulena WAR.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
Rodrigo Rivera Salazar.
The Secretary of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Bogota, DC, on January 09, 1996.

Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Environment,
Cecilia López Montaño.



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