Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 92-883 of 27 August 1992 on the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Six Annexes), made in Basel on 22 March 1989,
Decrete:
The agreement between the Government of the French Republic and the Government of the Gabonese Republic on the transboundary transfer of hazardous wastes and their disposal, signed in Libreville on 12 February 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE GABONAISE REPUBLIC ON TRANSFERENCE FOR DANGEROUS GOODS AND THE ELIMINATION
The Government of the French Republic, State of import, represented by Mr. Philippe Selz, Ambassador, High Representative of the French Republic in the Gabonese Republic, on the one hand,
The Government of the Gabonese Republic, State of Export, represented by Mr Emile Doumba, Minister of Forest Economy, Waters, Fisheries, responsible for the environment and the protection of nature, on the other hand,
Aware of the growing threat to human health and the environment of the presence in a territory of hazardous wastes not adequately disposed of;
Recognizing the damage that transboundary movements of hazardous wastes can cause to human health and the environment;
Considering that transboundary movements of hazardous wastes should be permitted only if:
- the State of export does not have the necessary technical means and facilities or disposal sites to dispose of the waste in question according to environmentally sound and effective methods;
- these movements are carried out in conditions that do not pose any danger to human health and the environment;
- the transport and final disposal of these wastes in a facility located in the territory of the import State is environmentally sound;
Noting that the Gabonese Republic does not have such facilities or disposal sites for wastes, substances and articles containing, consisting of or contaminated with polychlorinated diphenyl (PCB), lead, cadmium, asbestos and toxic wastes in dispersed quantities (waste of laboratories);
Noting also the existence in French territory of such facilities, which are designed to treat such wastes, substances and articles in an environmentally sound manner;
Considering the punctual nature of transboundary movements of wastes, substances or articles containing, consisting of or contaminated with the above-mentioned products in the context of a gradual disappearance of the use of these substances or a more rational management;
Considering that the procedures for the instruction of import authorization applications in France are those set out in Articles 20 and 28 to 31 of Regulation (EEC) 259/93 of 1 February 1993 concerning the monitoring and control of waste transfers inside, at the entry and exit of the European Community;
Referring also to articles 19 and 27 of those Regulations (EEC) 259/93;
Referring to the Basel Convention of 22 March 1989 on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, including Article 11, and Articles 4 (§ 2, 3 and 7), 8, 9, 10 and 13,
agreed that:
Article 1
This Agreement applies exclusively to wastes, substances and articles containing, consisting of or contaminated with PCBs, lead, cadmium, asbestos and toxic wastes in dispersed quantities (laboratory wastes) whose Government of the Gabonese Republic guarantees that they have been produced in the Gabonese territory and whose disposal is provided in facilities located in the territory of the French Republic.
Article 2
The transboundary movements of wastes referred to in Article 1 of this Agreement between the Gabonese and French territories shall be carried out in accordance with the principles of environmentally sound management identical to those provided for in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and to Council Regulation (EEC) 259/93 of 1 February 1993 concerning the monitoring and control of waste transfers at the entry and exit of the European Community. By ecologically sound management, this Agreement shall mean all practical measures to ensure that hazardous wastes or other wastes are managed in a manner that ensures the protection of human health and the environment from the harmful effects that may have these wastes.
Article 3
The Government of the Gabonese Republic undertakes to ensure that the waste transfers referred to in Article 1 of this Agreement are carried out in conditions identical to or equivalent to those provided for in Articles 4, paragraphs 2, 3 and 7, and Articles 6 and 8 of the Basel Convention and Articles 25 and 26, paragraph 1, of Regulation 259/93.
Article 4
The Government of the Gabonese Republic ensures that polices cover incidents that may occur during the transfer of such wastes to the place of disposal.
Article 5
Within the framework of this Agreement, the Government of the Gabonese Republic shall establish an export authorization regime under conditions identical to or equivalent to those provided for in Article 6 of the Basel Convention and Articles 20, 27 and 31 of Community Regulation 259/93. It shall designate the Minister responsible for the environment and the protection of nature as the competent authority for the management of the authorizations for the export of wastes, substances or articles referred to in Article 1 of this Agreement to one of the facilities located in the territory of the French Republic.
Article 6
This Agreement, pursuant to Article 19, paragraph 1 (b) and fourth dash, of Community Regulation 259/93, shall be limited to a period of two years running from its entry into force.
Article 7
This Agreement shall be notified to the European Commission in accordance with the provisions of Article 19, paragraph 2, of Community Regulation 259/93. It will also be notified to the Secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, in accordance with the provisions of Article 11, paragraph 2, of the Convention.
Article 8
In the event of a dispute between the Parties regarding the interpretation or application of this Agreement, the Parties shall endeavour to resolve this dispute through negotiation or other peaceful means of their choice.
If the Parties fail to resolve a dispute by the means referred to in the preceding paragraph, one of them may request the other to submit the resolution of that dispute to an arbitration proceeding, which is conducted in accordance with a negotiated arbitration agreement between the two Parties.
Article 9
A Party may express its intention to terminate this Agreement by notifying that intention to the other Party through diplomatic channels. The Agreement shall end sixty days after receipt of this notification.
Article 10
Each Party shall notify the other Party of the completion of the formalities for approval of this Agreement which shall enter into force on the date of receipt of the last notification.
Made in duplicate in French, Libreville, February 12, 2003.
For the Government
of the French Republic:
Philippe Selz,
Ambassador of France,
High Representative
of the French Republic
Gabonese Republic
For the Government
of the Gabonese Republic:
Emile Doumba,
Minister of Forest Economy,
water, fishing,
responsible for the environment
and Protection of Nature
Done in Paris, September 30, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Dominique de Villepin
