Key Benefits:
Original text
(State on 21 January 2015)
The Parties to this Convention,
Aware of the potential damage to human health and the environment caused by hazardous waste and other waste and the transboundary movement of such wastes,
Bearing in mind the increasing threat to human health and the environment posed by the increasing complexity and development of the production of hazardous waste and other wastes and their transboundary movements,
Also bearing in mind that the most effective way to protect human health and the environment from the hazards of these wastes is to reduce their production to a minimum from the point of view of quantity and/or Potential danger,
Convinced that States should take the necessary measures to ensure that the management of hazardous waste and other waste, including their transboundary movements and disposal, is compatible with the protection of Human health and the environment, regardless of where the waste is disposed of,
Noting that States should ensure that the producer carries out obligations relating to the transport and disposal of hazardous waste and other waste in a manner that is compatible with environmental protection, The place where they are disposed of,
Fully recognising that any State has the sovereign right to prohibit the entry or disposal of hazardous waste and other waste of foreign origin on its territory,
Recognizing also the growing support for the prohibition of transboundary movements of hazardous wastes and their elimination in other States, in particular in developing countries,
Convinced that hazardous waste and other waste should, to the extent that it is compatible with environmentally sound and efficient management, be disposed of in the State in which they were produced,
Also aware that the transboundary movement of these wastes from the State of their production to any other State should be authorised only where they are carried out under conditions which pose no danger to human health and The environment and in accordance with the provisions of this Convention,
Whereas the increased control of transboundary movements of hazardous wastes and other wastes will promote environmentally sound management of such wastes and a reduction in the volume of corresponding transboundary movements,
Convinced that States should take measures to ensure an appropriate exchange of information and effective control of the transboundary movements of hazardous wastes and other wastes to and from those States,
Noting that a number of international and regional agreements have focused on the protection and preservation of the environment in the transit of dangerous goods,
Taking into account the Declaration of the United Nations Conference on the Environment (Stockholm, 1972), the Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes, adopted by the Council Of the United Nations Environment Programme (UNEP), by its decision 14/30 of 17 June 1987, of the recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods (formulated in 1957 and made available to Day every two years), recommendations, declarations, instruments and regulations Adopted within the framework of the United Nations system, as well as the work and studies undertaken by other international and regional organizations,
Awareness of the spirit, principles, purposes and functions of the World Charter of Nature adopted by the United Nations General Assembly at its thirty-seventh session (1982) as a rule of ethics concerning the protection of The human environment and conservation of natural resources,
Affirming that States are obliged to fulfil their international obligations concerning the protection of human health and the protection and protection of the environment and are responsible in this respect in accordance with the law International
Recognizing that, in the event of a substantial violation of the provisions of this Convention or any Protocol thereto, the relevant provisions of international treaty law shall apply,
Conscious that the need to continue to develop and apply low-emission and environmentally sound technologies, recycling measures and appropriate maintenance and management systems with a view to minimizing Production of hazardous waste and other waste,
Also aware that the international community is increasingly concerned about the need to rigorously control the transboundary movement of hazardous wastes and other wastes and the need to reduce in the Measure these movements to a minimum,
Concerned about the problem of the illicit cross-border traffic in hazardous waste and other waste,
Also taking into account the limited capacity of developing countries to manage hazardous wastes and other wastes,
Recognizing the need to promote the transfer, especially to developing countries, of techniques for the rational management of hazardous wastes and other locally produced wastes, in the spirit of the Rows Cairo and Decision 14/16 of the Governing Council of UNEP on the promotion of the transfer of environmental protection technologies,
Recognizing also that hazardous wastes and other wastes should be transported in accordance with relevant international conventions and recommendations,
Convinced also that transboundary movements of hazardous wastes and other wastes should be permitted only if the transport and final disposal of such wastes is environmentally sound,
Determined to protect human health and the environment from the harmful effects that may result from the production and management of hazardous waste and other waste,
Agreed to the following:
The following wastes, which are the subject of transboundary movements, shall be considered as "hazardous wastes" for the purposes of this Convention:
2. Wastes that belong to one of the categories listed in Annex II and are subject to transboundary movement shall be considered as "other wastes" for the purposes of this Convention.
3. Wastes which, due to their radioactivity, are subject to other international control systems, including international instruments, which apply specifically to radioactive material are excluded from the scope of application of the Present Convention.
4. Waste from the normal operation of a ship and whose discharge is the subject of another international instrument shall be excluded from the scope of this Convention.
For the purposes of this Convention:
1. Each Party shall inform the secretariat of the Convention, within six months of becoming a Party to the Convention, of waste, other than those specified in Annexes I and II, which are considered or defined as hazardous by its National legislation, as well as any other provisions concerning the procedures for transboundary movement applicable to such waste.
2. Each Party shall thereafter inform the secretariat of any significant change to the information submitted by it pursuant to s. 1.
The secretariat shall immediately inform all Parties of the information it has received pursuant to s. 1 and 2.
4. The Parties are required to make available to their exporters the information provided to them by the secretariat pursuant to s. 3.
(2) Each Party shall make arrangements for:
The Parties consider that the illicit traffic in hazardous waste or other waste is a criminal offence.
4. Each Party shall take the legal, administrative and other measures necessary to implement and enforce the provisions of this Convention, including measures to prevent and suppress any conduct in Violation of the Convention.
5. The Parties shall not permit exports of hazardous waste or other waste to a non-Party State or the import of such waste from a non-Party State.
6. The Parties agree to prohibit the export of hazardous waste or other waste for disposal in the area south of the sixtieth parallel of the Southern Hemisphere, whether or not such waste is subject to movement Transborder.
7. In addition, each Party shall
8. Each Party shall require that hazardous waste or other waste, the export of which is provided for, be managed in an environmentally sound manner in the importing State or elsewhere. At their first meeting, the Parties shall adopt technical guidelines for the environmentally sound management of wastes falling within the scope of this Convention.
The Parties shall take the necessary measures to ensure that transboundary movements of hazardous wastes and other wastes are permitted only:
10. The obligation under this Convention of the States producing hazardous waste and other waste to require that waste be treated in an environmentally sound manner shall in no way be transferred to the State Import or transit.
Nothing in this Convention shall prevent a Party from imposing, in order to better protect human health and the environment, additional conditions which are compatible with the provisions of this Convention and in accordance with the rules of the International law.
12. Nothing in this Convention shall affect in any way the sovereignty of States over their territorial waters established in accordance with international law, sovereign rights and jurisdiction The exercise by States in their exclusive economic zone and on their continental shelf in accordance with international law, and in the exercise by ships and aircraft of all States of the rights and freedom of navigation as they are Governed by international law and reflected in the relevant international instruments.
The Parties undertake to periodically review opportunities to reduce the volume and/or potential for pollution of hazardous wastes and other wastes that are exported to other States, in particular to developing countries.
To facilitate the implementation of this Convention, the Parties shall:
The State of export shall inform in writing, through the competent authority of the exporting State, the competent authority of the States concerned of any transboundary movement of hazardous waste or other waste considered, or Producer or exporter to do so. Such notifications shall contain the declarations and information specified in Annex V-A, in a language acceptable to the importing State. Only one notification is sent to each of the states concerned.
2. The State of importation shall acknowledge in writing the notification to the person who gave it by consenting to the movement with or without reservation, or by refusing the authorisation to proceed to the movement, or by requesting further information. A copy of the final reply of the importing State shall be sent to the competent authorities of the States Parties.
3. The exporting State shall not allow the producer or exporter to initiate the transboundary movement before receiving written confirmation that:
4. Each State of transit which is a Party shall, without delay, acknowledge the notification to that which has given it. It may subsequently take a position by written reply to the author of the notification within 60 days by consenting to the movement with or without reservation, or by refusing permission to proceed with the movement, or by requesting a supplement Information. The State of export does not authorise the initiation of the transboundary movement until the written consent of the transit State has been received. However, if, at any time, a Party decides not to request a prior written agreement, in general or under specific conditions, with regard to transboundary movements of hazardous waste or other Or if it modifies its requirements in this regard, it shall immediately inform the other Parties of its decision in accordance with the provisions of Art. 13. In the latter case, if the State of export receives no reply within 60 days of receipt of the notification given by the State of transit, the State of export may allow that export to be carried out through the State Of transit.
5. Where, in a transboundary movement of waste, such waste is not legally defined or considered as hazardous to:
6. The State of export may, subject to the written consent of the States concerned, authorise the producer or exporter to use a general notification procedure when hazardous waste or other waste having the same Physical and chemical characteristics are regularly dispatched to the same eliminator by the same customs post of exit from the exporting state, the same entry customs entry of the country of import and, in the case of transit, by the same posts Customs of entry and exit of the transit State (s).
7. The States concerned may subject their written consent to the use of the general notification procedure referred to in subs. 6 to 1 The disclosure of certain information, such as the exact quantity of hazardous waste or other waste, to be shipped or a periodic list of such waste.
8. General notification and written consent referred to in s. 6 and 7 may cover multiple shipments of hazardous waste or other waste within a maximum period of 12 months.
The Parties shall require any person taking charge of a transboundary movement of hazardous waste or other waste to sign the movement document in respect of the delivery or receipt of the waste in question. They shall also require the eliminator to inform the exporter and the competent authority of the exporting State of the receipt of the waste in question and, in due course, of the completion of the disposal operations in accordance with the modalities indicated in the Notification. If this information is not received by the exporting State, the competent authority of that State or the exporter shall inform the importing State thereof.
The notification and response required under this Article shall be communicated to the competent authority of the Parties concerned or to the competent governmental body in the case of non-Party States.
11. The States of import or transit which are Parties may require as a condition of entry that any transboundary movement of hazardous waste or other waste be covered by insurance, surety or other guarantees.
1 RO 1993 2934
The provisions of s. 2 of the art. 6 of the Convention shall apply Gm U While Transboundary movements of hazardous waste or other waste originating in a Party through one or more States which are not Parties.
Where a transboundary movement of hazardous waste or other waste to which the States concerned have consented, subject to the provisions of this Convention, cannot be completed in accordance with the terms of the contract, the State If other provisions cannot be taken to dispose of the waste according to environmentally sound methods within 90 days from the time when the State concerned informed the State of export and the Secretariat, or any other period agreed upon by the States concerned, that the exporter reintroduce those Waste in the exporting state. To this end, the State of export and any transit Party shall not object to the reintroduction of such waste in the State of export, nor shall it hinder or prevent it.
For the purposes of this Convention, any transboundary movement of hazardous wastes or other wastes shall be deemed to be illicit traffic:
2. In the event that a transboundary movement of hazardous waste or other waste is considered to be illicit traffic due to the behaviour of the exporter or producer, the exporting State shall ensure that the hazardous waste in question is:
Within a period of 30 days from the moment when the State of export was informed of the illicit traffic or any other period which the States concerned may agree. To this end, the Parties concerned do not object to or impede the return of such waste to the exporting State.
3. Where a transboundary movement of hazardous waste or other waste is considered to be illicit traffic as a result of the behaviour of the importer or the eliminator, the importing State shall ensure that the hazardous waste in question Shall be disposed of in an environmentally sound manner by the importer or the eliminator or, where appropriate, by itself within 30 days from the time when the illicit traffic has caught the attention of the importing State or any other The deadline for the States concerned to agree. To this end, the Parties concerned shall cooperate, as appropriate, to dispose of waste in an environmentally sound manner.
4. Where the responsibility for illicit traffic cannot be attributed to the exporter or producer, the importer or the eliminator, the Parties concerned or other Parties, where appropriate, shall cooperate to ensure that the waste Shall be disposed of as soon as possible according to environmentally sound methods in the State of export, in the importing State or elsewhere, where applicable.
5. Each Party shall adopt national/internal laws to prohibit and severely suppress illicit traffic. The Parties shall cooperate to achieve the objectives set out in this Article.
The Parties shall cooperate with each other in order to improve and ensure the environmentally sound management of hazardous wastes and other wastes.
2. For this purpose, the Parties shall:
The Parties shall use the appropriate means to cooperate in order to assist developing countries in implementing the provisions contained in paras. (a), (b), (c) and (d) of s. 2 of the art. 4.
4. In view of the need of developing countries, cooperation between the Parties and relevant international organizations is encouraged in order to promote, inter alia, public awareness, development of management The rational of hazardous waste and other waste and the adoption of new low-emission technologies.
(1) Notwithstanding the provisions of s. 4, para. 5, the Parties may enter into bilateral, multilateral or regional agreements or arrangements for transboundary movements of hazardous wastes or other wastes with Parties or non-Parties, provided that such agreements or Arrangements shall not derogate from the environmentally sound management of hazardous wastes and other wastes prescribed in this Convention. Such agreements or arrangements shall set out provisions that are not less environmentally sound than those provided for in this Convention, taking into account, inter alia, the interests of developing countries.
2. The Parties shall notify the Secretariat of any bilateral, multilateral or regional agreement or arrangement referred to in paragraph 1, as well as those concluded prior to the entry into force of this Convention for the purposes of monitoring the Transboundary movements of hazardous wastes and other wastes that take place entirely between the Parties to the said agreements. The provisions of this Convention shall have no effect on transboundary movements in accordance with such agreements, provided that they are compatible with the environmentally sound management of hazardous wastes and other wastes such as As prescribed in this Convention.
The Parties shall cooperate with a view to adopting as soon as possible a protocol establishing the appropriate procedures for liability and compensation in the event of damage resulting from a transboundary movement of hazardous waste and Other wastes and their disposal 1 .
1 RO 1993 2934
(1) The Parties shall ensure that, whenever they become aware of them, in the event of an accident occurring during the transboundary movement of hazardous waste or other waste or their disposal likely to present risks to health And the environment of other states, these are immediately informed.
2. The Parties shall inform each other through the Secretariat:
3. The Parties shall, in accordance with national laws and regulations, transmit to the Conference of the Parties established pursuant to Article 15, through the Secretariat, and before the end of each calendar year, a report on the calendar year Previous containing the following information:
4. The Parties shall, in accordance with national laws and regulations, ensure that a copy of each notification concerning a given transboundary movement of hazardous waste or other waste and of each taking of a position thereon is Sent to the Secretariat, where a Party whose environment is likely to be affected by that transboundary movement has requested it.
1. The Parties agree to create, in accordance with the specific needs of different regions and sub-regions, regional or subregional centres for the training and transfer of technology for the management of hazardous wastes and other wastes And the reduction in production. The Parties shall decide on the establishment of appropriate voluntary funding mechanisms.
2. The Parties shall consider the establishment of a revolving fund to assist in an interim capacity to deal with emergency situations in order to minimize damage caused by accidents resulting from transboundary movement or Disposal of hazardous waste and other waste.
1. A Conference of the Parties is hereby established. The first session of the Conference of the Parties shall be convened by the Executive Director of UNEP no later than one year after the entry into force of this Convention. Thereafter, regular sessions of the Conference of the Parties will be held on a regular basis, depending on the frequency determined by the Conference at its first session.
2. Extraordinary sessions of the Conference of the Parties may take place at any other time if the Conference deems it necessary, or at the written request of a Party, provided that this request is supported by at least one third of the Parties Within six months of its communication to the said Parties by the Secretariat.
The Conference of the Parties shall adopt and adopt by consensus its own rules of procedure and that of any subsidiary body that it may create, as well as the Financial Regulation which shall, in particular, determine the financial participation of the Parties to the Title of this Convention.
At their first meeting, the Parties will consider any additional measures that would be required to assist them in meeting their responsibilities for the protection and protection of the marine environment in the context of the Present Convention.
5. The Conference of the Parties shall continuously review the application of this Convention and, in addition:
6. The United Nations and its specialized agencies, as well as any State not Party to this Convention, may be represented as observers at the sessions of the Conference of the Parties. Any other national or international body or body, whether governmental or non-governmental, qualified in the fields related to hazardous waste or other waste that has informed the Secretariat of its desire to be represented in quality Observer at a session of the Conference of the Parties may be admitted to take part in it, unless at least one third of the Parties present object to it. The admission and participation of observers shall be subject to compliance with the rules of procedure adopted by the Conference of the Parties.
7. Three years after the entry into force of this Convention, and thereafter at least every six years, the Conference of the Parties shall undertake an assessment of its effectiveness and, if it considers it necessary, consider the adoption of a prohibition Total or partial transboundary movements of hazardous waste and other waste in the light of the latest scientific, environmental, technical and economic information.
The functions of the Secretariat are as follows:
2. The functions of the Secretariat will be provisionally carried out by UNEP, until the end of the first meeting of the Conference of the Parties under Art. 15.
(3) At its first meeting, the Conference of the Parties shall appoint the Secretariat from among the existing competent international organizations that have proposed to provide the secretariat functions provided for in this Convention. At that session, the Conference of the Parties will also assess the manner in which the interim secretariat has carried out the functions entrusted to it, in particular under subs. 1 above, and will decide on the appropriate structures for the performance of these functions.
1. Any 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 relevant scientific and technical considerations.
2. The amendments to this Convention shall be adopted at the meetings of the Conference of the Parties. Amendments to a protocol shall be adopted at the meetings of the Parties to the protocol concerned. The text of any amendment proposed to this Convention or the Protocols, except as otherwise provided for in the said Protocols, shall be communicated by the Secretariat to the Parties at least six months before the meeting at which it is proposed for Adoption. The Secretariat shall also communicate the proposed amendments to the signatories of this Convention for information.
3. The Parties shall make every effort to reach agreement by consensus on any proposed amendment to this Convention. If all efforts towards a consensus have been exhausted and an agreement has not been reached, the amendment shall be adopted as a last resort by a majority vote of three-fourths of the Parties present at the meeting and have expressed their vote, and submitted By the Depositary to all Parties for ratification, approval, formal confirmation or acceptance.
4. The procedure set out in par. 3 above applies to the adoption of amendments to the Protocols, except that the majority of two-thirds of the Parties to the protocols considered present at the meeting and having expressed their vote is sufficient.
5. Instruments of ratification, approval, confirmation or acceptance of amendments shall be deposited with the Depositary. The amendments adopted in accordance with paras. 3 or 4 above shall enter into force between the Parties having accepted them on the ninetieth day after the Depositary has received their instrument of ratification, approval, formal confirmation or acceptance by at least three quarters Parties having accepted them or by at least two-thirds of the Parties to the Protocol considered to have accepted them, unless otherwise provided for in the said Protocol. The amendments shall enter into force in respect of any other Party on the ninetieth day after the deposit by that Party of its instrument of ratification, approval, formal confirmation or acceptance of the amendments.
6. For the purposes of this Article, the expression "Parties present and having expressed their vote" means those Parties present who have cast an affirmative or negative vote.
1. The Annexes to this Convention or any Protocol thereto shall form an integral part of the Convention or the Protocol under consideration and, unless otherwise expressly provided, any reference to this Convention or its Protocols shall also be a
Reference to the annexes to these instruments. The said annexes are limited to scientific, technical and administrative matters.
2. Except as otherwise provided by the Protocols in respect of their annexes, the proposal, adoption and entry into force of additional annexes to this Convention or the protocols thereto shall be governed by the following procedure:
3. The proposal, adoption and entry into force of the amendments to the annexes to this Convention or any protocol thereto shall be subject to the same procedure as the proposal, the adoption and entry into force of the annexes to the Convention or Any protocol thereto. The annexes and the amendments thereto shall take due account, inter alia, of the relevant scientific and technical considerations.
4. If an additional Annex or an amendment to an Annex requires an amendment to the Convention or any Protocol thereto, the supplementary Annex or the amended annex shall enter into force only when the amendment to the Convention or to any Protocol relating to itself in force.
Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under the provisions of this Convention may inform the Secretariat thereof, and in that case it shall simultaneously and immediately inform the Secretariat, Directly or through the Secretariat, the Party subject to the allegations. All relevant information should be transmitted to the Parties by the Secretariat.
1. If a dispute arises between the Parties in relation to the interpretation, application or observance of this Convention or any protocol thereto, those Parties shall endeavour to settle it by negotiation or by any other means Peaceful of their choice.
(2) If the Parties in question cannot resolve their dispute by means referred to in the preceding paragraph, this dispute, if the Parties so agree, shall be submitted to the International Court of Justice or to arbitration under defined conditions In Annex VI relating to arbitration. However, if the Parties are unable to agree to submit the dispute to the International Court of Justice or to the arbitration, they shall not be relieved of their responsibility to continue to seek to resolve it in accordance with the means Mentioned in para. 1.
3. Upon ratifying, accepting, approving or formally confirming or acceding to this Convention, or at any time thereafter, any State or organization of political or economic integration may declare that it recognizes as compulsory Ipso facto And without special agreement, with respect to any Party accepting the same obligation, the submission of the dispute:
This declaration shall be notified in writing to the Secretariat, which shall communicate it to the Parties.
This Convention shall be open for signature by the States, Namibia, represented by the United Nations Council for Namibia, and political or economic integration organizations in Basel, on 22 March 1989, in the Federal Department of Foreign affairs of Switzerland, Bern, from 23 March 1989 to 30 June 1989, and at United Nations Headquarters in New York, of 1 Er July 1989 to March 22, 1990.
1. This Convention shall be subject to ratification, acceptance or approval by the States and Namibia, represented by the United Nations Council for Namibia, as well as to the formal confirmation or approval of the organizations Political or economic integration. Instruments of ratification, formal acceptance or approval shall be deposited with the Depositary.
2. Any organization referred to in s. 1 above which becomes a Party to this Convention, and of which no Member State itself is a Party, shall be bound by all the obligations set out in the Convention. Where one or more member States of one of these organizations are Parties to the Convention, the organization and its member States agree on their respective responsibilities for the fulfilment of their obligations under the Convention. Convention. In such cases, the organisation and the Member States are not entitled to exercise their rights simultaneously under the Convention.
3. In their instruments of formal confirmation or approval, the organisations referred to in par. 1 above indicate the extent of their competence in the areas covered by the Convention. Such organisations shall also notify any significant change in the extent of their competence to the Depositary, who shall inform the Parties accordingly.
(1) This Convention shall be open for accession by the States, Namibia, represented by the United Nations Council for Namibia, and political or economic integration organizations from the date on which the Convention is no longer Open for signature. The instruments of accession shall be deposited with the Depositary.
2. In their instruments of accession, the organisations referred to in par. 1 above indicate the extent of their competence in the areas covered by the Convention. They shall also notify the Depositary of any significant change in the scope of their powers.
3. The provisions of s. 2 of the art. 22 shall apply to organisations of political or economic integration which accede to this Convention.
1. Subject to the provisions of subs. 2 below, each Party to the Convention shall have one vote.
2. Organisations of political or economic integration shall have, in accordance with par. 3 of Art. 22 and para. 2 of the art. 23 to exercise their right to vote in matters falling within their competence, of a number of votes equal to the number of their member States which are Parties to the Convention or the relevant protocols. Such organisations shall not exercise their right to vote if their member states exercise theirs, and vice versa.
(1) This Convention shall enter into force on the ninetieth day after the date of deposit of the twentieth instrument of ratification, acceptance, formal confirmation, approval or accession.
2. In respect of each of the States or organizations of political or economic integration which ratifies, accepts, approves or formally confirms this Convention or accedes thereto, after the date of deposit of the twentieth instrument of ratification, Acceptance, approval, formal confirmation or accession, the Convention shall enter into force on the ninetieth day after the date of the deposit, by that State or the said political or economic integration organization, of its instrument of Ratification, acceptance, approval, formal confirmation or accession.
3. For the purposes of paras. 1 and 2 above, none of the instruments deposited by an organisation of political or economic integration should be regarded as an instrument in addition to the instruments already deposited by the Member States of that organisation.
1. No reservations or derogations may be made to this Convention.
2. Le par. 1 of this Article shall not prevent a State or an organization of political or economic integration, when it signs, ratifies, accepts or formally approves or accedes to this Convention, making statements or presentations, Irrespective of the name given to them in order, inter alia, to harmonize its laws and regulations with the provisions of this Convention, provided that such declarations or statements are not intended to nullify or modify the effects Of the provisions of the Convention in their application to that State.
After the expiration of a period of three years from the date of entry into force of this Convention in respect of a Party, the said Party may at any time denounce the Convention by written notification to the Depositary.
The denunciation shall take effect one year after the receipt of the notification by the Depositary, or at any later date which may be specified in the notification.
The Secretary-General of the United Nations shall be the Depositary of this Convention and any Protocol thereto.
The original English, Arabic, Chinese, English, French and Russian texts of this Convention shall be equally authentic.
In witness whereof, The undersigned, to that duly authorized, have signed this Convention.
Done at Basel, on 22 March, nine hundred and ninety-nine.
(Suivent signatures)
Waste Flows
Wastes as Constituents:
1 Update according to D IV/9 of 27 February 1998, in force for Switzerland since 6 Nov 1998 ( RO 2007 197 ).
| Code |
Characteristics |
|
| 1 |
H1 |
Explosive Material An explosive substance or waste is a material (or a mixture of materials) solid or liquid which can itself, by chemical reaction, emit gases at a temperature and pressure and at a speed as a result of damage in the zone Environment. |
| 3 |
H3 |
Flammable Materials Flammable liquids are liquids, mixtures of liquids, or liquids containing solids in solution or suspension (paints, varnishes, lacquers, etc., for example, excluding materials or wastes classified elsewhere as a result of Their hazardous characteristics), which emit flammable vapours at a temperature not exceeding 60.5 C in a closed crucible or 65.6 C open. (Since the results of open and closed crucible tests are not strictly comparable to each other and even the results of several tests conducted on the same method often differ, the regulations that would deviated from the Above to account for these differences would remain consistent with the intent of this definition.) |
| 4.1 |
H4.1 |
Flammable Solids Flammable solids or solid waste are solids other than those classified as explosives, which, under conditions encountered during transport, ignite easily or can cause a fire under the effect of friction, or Promote it. |
| 4.2 |
H4.2 |
Flammable spontaneously Substances or wastes that may spontaneously heat up under normal conditions of transport, or warm up in contact with air, and can then ignite. |
| 4.3 |
H4.3 |
Substances or wastes which, in contact with water, emit flammable gases Substances or wastes which, by reaction with water, are likely to ignite spontaneously or to emit flammable gases in hazardous quantities. |
| 5.1 |
H5.1 |
Oxidizing materials Substances or wastes which, although not always combustible, may, in general, by yielding oxygen, cause or promote the combustion of other materials. |
| 5.2 |
H5.2 |
Organic Peroxide Organic or waste materials containing the Bivalent -0-0 structure are thermally unstable materials, which can undergo exothermic self-accelerating decomposition. |
| 6.1 |
H6.1 |
Toxic (Acute) Materials or waste that, through ingestion, inhalation or dermal penetration, can cause death or serious injury or harm human health. |
| 6.2 |
H6.2 |
Infectious Substances Materials or wastes containing viable micro-organisms or their toxins, which are known to cause disease in animals or humans, or have good reason to believe. |
| 8 |
H8 |
Corrosive Material Substances or waste which, by chemical action, cause serious damage to the living tissue that they affect, or which may in the event of a leak seriously damage, or even destroy, the other goods carried or the transport machinery and which May also involve other risks. |
| 9 |
H10 |
Substances releasing toxic gases in contact with air or water Substances or wastes that, by reaction with air or water, are likely to emit toxic gases in hazardous quantities. |
| 9 |
H11 |
Toxic Material (Deferred or Chronic Effects) Materials or wastes that, by inhalation, ingestion or dermal penetration, can cause delayed or chronic effects, or cause cancer. |
| 9 |
H12 |
Ecotoxic Materials Substances or wastes that, if released, cause or are likely to cause, by bio-accumulation and/or toxic effects on biological systems, immediate or delayed adverse environmental impacts. |
| 9 |
H13 |
Substances that may be disposed of by any means, by any means, to another substance, such as a leach product, that has one of the characteristics listed above. |
| * This numbering corresponds to the hazard classification system adopted in the United Nations Recommendations for the Transport of Dangerous Goods (ST/SG/AC.10/1/Rev. 5, United Nations, New York, 1988). |
Evidence
The dangers that certain types of waste may present are not yet well known; there is no quantitative assessment of these dangers. Further research is needed to develop ways of characterizing the hazards that these types of wastes can pose to humans or the environment. Standard tests have been developed for pure substances and materials. Many member countries have developed national tests that can be applied to materials for disposal by the operations listed in Annex I 1 To the Convention with a view to deciding whether these substances have any of the characteristics listed in this Annex.
1 The reference was adapted pursuant to s. 12 al. 2 of the Official Publications Act of June 18, 2004 (RS 170.512 ).
Section A summarizes all these disposal operations as they are done in practice.
Section B is intended to summarize all of these operations, relating to substances that are considered or legally defined as hazardous wastes and which would otherwise have been identified in Section A.
Notes
Notes
The information to be provided on the movement document should, whenever possible, be collected in a single document with those required by the transport regulations. If this is not possible, this information should complement and not duplicate the information required by the transport regulations. The movement document will contain instructions for the person authorized to provide the information and complete the forms.
Except as otherwise provided in the Agreement under s. 20 of the Convention, the arbitration procedure shall be conducted in accordance with the provisions of Art. 2 to 10 below.
The requesting Party shall notify the Secretariat that the Parties have agreed to submit the dispute to arbitration in accordance with subs. 2 or par. 3 of Art. 20 of the Convention, including the articles of the Convention whose interpretation or application is at issue. The Secretariat shall communicate such information to all Parties to the Convention.
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 accord the third arbitrator, who shall take over the chairmanship of the Tribunal. The latter shall not be a national of one of the Parties to the dispute or have his or her habitual residence in the territory of one of those Parties, or be in the service of one of them, or have already held the case in any capacity.
(1) If, within two months of the appointment of the second arbitrator, the President of the arbitral tribunal is not appointed, the Secretary-General of the United Nations shall, at the request of one of the two Parties, make the appointment Within a new two-month period.
(2) If, within two months of the receipt of the request, one of the Parties to the dispute does not appoint an arbitrator, the other Party may refer the matter to the Secretary-General of the United Nations, who shall designate the President Of the arbitral tribunal within a new period of two months. Upon designation, the Chairman of the arbitral tribunal shall request the Party which has not appointed an arbitrator to do so within a period of two months. After that period, he shall refer the appointment to the Secretary-General of the United Nations within a further period of two months.
The court shall render its award in accordance with international law and the provisions of this Convention.
(2) Any arbitral tribunal established under this Annex shall establish its own rules of procedure.
1. The decisions of the arbitral tribunal, both procedural and substantive, shall be taken by a majority of the votes of its members.
2. The court may take all appropriate measures to establish the facts. It may, at the request of one of the Parties, recommend the necessary provisional measures.
3. The Parties to the dispute shall provide all facilities necessary for the proper conduct of the proceedings.
4. The absence or absence of a Party to the dispute shall not preclude the proceedings.
The court may determine and decide on counterclaims directly related to the subject matter of the dispute.
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the court, including the remuneration of its members, shall be borne equally by the Parties to the dispute. The court shall keep a record of all its expenses and shall provide a final statement to the Parties.
Any Party having, in respect of the subject matter of the dispute, a legal interest that may be affected by the decision may intervene in the proceedings, with the consent of the court.
The court shall pronounce the award within five months from the date on which it is created, unless it considers it necessary to extend the time limit for a period not exceeding five months.
2. The award of the arbitral tribunal shall be reasoned. It shall be final and binding on the Parties to the dispute.
3. Any dispute which may arise between the Parties concerning the interpretation or enforcement of the award may be submitted by one of the two Parties to the arbitral tribunal which has given it, or, if the latter cannot be seized, to another court To this effect in the same manner as the first.
The waste in this schedule is considered hazardous waste under para. (a) para. 1 of the art. 1 of the Convention and the recording of a waste in this Annex shall not preclude the use of Annex III to demonstrate that such waste is not dangerous.
1 Introduced by D VI/35 ( RO 2007 197 ). Update according to the corrections entered into force on 26 February, 8 April and 28 August 2008 (RO 2009 5063).
2 It should be noted that the corresponding entry in List B (B1160) does not provide for exceptions.
3 This heading does not include agglomerated waste arising from the production of electrical energy.
4 PCB concentration equal to or greater than 50 mg/kg.
5 PCB concentrations are 50 mg/kg or more.
6 The 50 mg/kg level is considered to be an international practical level for all wastes. However, several countries have individually set lower regulatory levels (e.g. 20 mg/kg) for some wastes.
7 They are said to be "obsolete" for not being used within the time limits recommended by the manufacturer.
8 This item does not include wood treated with chemicals for preservation.
9 They are said to be "obsolete" for not being used within the time limits recommended by the manufacturer.
The waste in this Annex is not covered by para. (a) para. 1 of the art. 1 of the Convention, unless they contain substances of Annex I at concentrations as they present a hazard characteristic set out in Annex III.
| Transition metals, with the exception of catalyst waste (used catalysts, used liquid catalysts or other catalysts) of list A: |
Scandium Vanadium Manganese Cobalt |
Titanium Chrome Fer Nickel |
|
| Copper |
Zinc |
||
| Yttrium |
Zirconium |
||
| Niobium |
Molybdenum |
||
| Hafnium |
Tantalum |
||
| Tungsten |
Rhenium |
||
| Lanthanides (Rare Land): |
Lanthane Praseodymium |
Neodymium cerium |
|
| Samarium |
Europium |
||
| Gadolinium |
Terbium |
||
| Dysprosium |
Holmium |
||
| Erbium |
Thulium |
||
| Ytterbium |
Lutecium |
1 Introduced by D VII/19 ( RO 2007 197 ). Update according to the corrections entered into force on 26 Feb, 8 Apr. And 28 August 2008 (RO 2009 5063) and the am. May 10, 2013 in force since May 27, 2014 (RO 2014 2617).
2 It should be noted that even in the case of low levels of initial contamination by constituents listed in Annex I, subsequent treatments, including recycling, may result in separate fractions with significantly higher concentrations Of these constituents set out in Annex I.
3 The status of zinc ash is currently under consideration, and it is recommended by the United Nations Conference on Trade and Development (UNCTAD) that these ashes should not be classified as hazardous materials.
4 This item does not include debris from the generation of electrical generators.
5 Reuse can include repair, restoration, or improvement, but not a major reassembly.
6 In some countries, these materials intended for direct reuse are not considered to be waste.
7 The concentration of benzo [a] pyrene should not be equal to or greater than 50 mg/kg.
8 It is understood that these wastes are completely polymerized.
9 -This heading does not cover waste generated after the consumption stage-The waste must be homogenous. - Problems arising from open burning practices must be taken into account.
| States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
| Afghanistan |
25 March |
2013 |
23 June |
2013 |
| South Africa |
5 May |
1994 A |
August 3 |
1994 |
| Albania |
29 June |
1999 A |
27 September |
1999 |
| Algeria * |
September 15 |
1998 A |
14 December |
1998 |
| Germany * |
April 21 |
1995 |
July 20 |
1995 |
| Andorra |
July 23 |
1999 A |
21 October |
1999 |
| Antigua and Barbuda |
5 April |
1993 A |
4 July |
1993 |
| Saudi Arabia |
7 March |
1990 |
5 May |
1992 |
| Argentina |
27 June |
1991 |
5 May |
1992 |
| Armenia |
1 Er October |
1999 A |
December 30 |
1999 |
| Australia |
5 February |
1992 A |
5 May |
1992 |
| Austria |
12 January |
1993 |
12 April |
1993 |
| Azerbaijan |
1 Er June |
2001 A |
August 30 |
2001 |
| Bahamas |
August 12 |
1992 A |
10 November |
1992 |
| Bahrain |
15 October |
1992 |
13 January |
1993 |
| Bangladesh |
1 Er April |
1993 A |
30 June |
1993 |
| Barbados |
August 24 |
1995 A |
22 November |
1995 |
| Belarus |
10 December |
1999 A |
March 9 |
2000 |
| Belgium |
1 Er November |
1993 |
30 January |
1994 |
| Belize |
23 May |
1997 A |
August 21 |
1997 |
| Benin |
4 December |
1997 A |
March 4 |
1998 |
| Bhutan |
26 August |
2002 A |
24 November |
2002 |
| Bolivia |
15 November |
1996 |
13 February |
1997 |
| Bosnia and Herzegovina |
March 16 |
2001 A |
14 June |
2001 |
| Botswana |
20 May |
1998 A |
August 18 |
1998 |
| Brazil |
1 Er October |
1992 A |
December 30 |
1992 |
| Brunei |
16 December |
2002 A |
March 16 |
2003 |
| Bulgaria |
February 16 |
1996 A |
May 16 |
1996 |
| Burkina Faso |
4 November |
1999 A |
2 February |
2000 |
| Burundi |
6 January |
1997 A |
April 6 |
1997 |
| Cambodia |
2 March |
2001 A |
May 31 |
2001 |
| Cameroon |
February 9 |
2001 A |
10 May |
2001 |
| Canada |
August 28 |
1992 |
26 November |
1992 |
| Cape Verde |
July 2 |
1999 A |
September 30 |
1999 |
| Chile * |
August 11 |
1992 |
9 November |
1992 |
| China |
17 December |
1991 |
5 May |
1992 |
| Hong Kong A |
6 June |
1997 |
1 Er July |
1997 |
| Macao B |
15 December |
1999 |
20 December |
1999 |
| Cyprus |
September 17 |
1992 |
16 December |
1992 |
| Colombia * |
31 December |
1996 |
March 31 |
1997 |
| Comoros |
October 31 |
1994 A |
29 January |
1995 |
| Congo (Brazzaville) |
20 April |
2007 A |
19 July |
2007 |
| Congo, Kinshasa |
6 October |
1994 A |
4 January |
1995 |
| Korea (North) |
10 July |
2008 A |
8 October |
2008 |
| Korea (South) |
28 February |
1994 A |
29 May |
1994 |
| Costa Rica |
7 March |
1995 A |
5 June |
1995 |
| Côte d' Ivoire |
1 Er December |
1994 A |
1 Er March |
1995 |
| Croatia |
9 May |
1994 A |
7 August |
1994 |
| Cuba * |
3 October |
1994 A |
1 Er January |
1995 |
| Denmark C |
February 6 |
1994 |
7 May |
1994 |
| Djibouti |
May 31 |
2002 A |
29 August |
2002 |
| Dominica |
5 May |
1998 A |
August 3 |
1998 |
| Egypt |
8 January |
1993 A |
April 8 |
1993 |
| El Salvador |
13 December |
1991 |
5 May |
1992 |
| United Arab Emirates |
17 November |
1992 |
February 15 |
1993 |
| Ecuador * |
23 February |
1993 |
24 May |
1993 |
| Eritrea |
10 March |
2005 A |
8 June |
2005 |
| Spain * |
7 February |
1994 |
8 May |
1994 |
| Estonia |
July 21 |
1992 A |
19 October |
1992 |
| Ethiopia |
12 April |
2000 A |
July 11 |
2000 |
| Finland |
19 November |
1991 |
5 May |
1992 |
| France |
7 January |
1991 |
5 May |
1992 |
| Gabon |
6 June |
2008 A |
4 September |
2008 |
| Gambia |
15 December |
1997 A |
15 March |
1998 |
| Georgia |
20 May |
1999 A |
August 18 |
1999 |
| Ghana |
30 May |
2003 A |
August 28 |
2003 |
| Greece |
August 4 |
1994 |
2 November |
1994 |
| Guatemala |
15 May |
1995 |
13 August |
1995 |
| Guinea |
April 26 |
1995 A |
July 25 |
1995 |
| Guinea-Bissau |
February 9 |
2005 A |
10 May |
2005 |
| Equatorial Guinea |
7 February |
2003 A |
8 May |
2003 |
| Guyana |
April 4 |
2001 A |
3 July |
2001 |
| Honduras |
27 December |
1995 A |
26 March |
1996 |
| Hungary |
21 May |
1990 |
5 May |
1992 |
| Cook Islands |
29 June |
2004 A |
27 September |
2004 |
| India |
24 June |
1992 |
22 September |
1992 |
| Indonesia * |
September 20 |
1993 A |
19 December |
1993 |
| Iran |
5 January |
1993 A |
5 April |
1993 |
| Iraq |
2 May |
2011 A |
July 31 |
2011 |
| Ireland |
7 February |
1994 |
8 May |
1994 |
| Iceland |
28 June |
1995 A |
26 September |
1995 |
| Israel |
14 December |
1994 |
March 14 |
1995 |
| Italy * ** |
7 February |
1994 |
8 May |
1994 |
| Jamaica |
23 January |
2003 A |
April 23 |
2003 |
| Japan * |
September 17 |
1993 A |
16 December |
1993 |
| Jordan |
22 June |
1989 |
5 May |
1992 |
| Kazakhstan |
3 June |
2003 A |
1 Er September |
2003 |
| Kenya |
1 Er June |
2000 A |
August 30 |
2000 |
| Kyrgyzstan |
13 August |
1996 A |
11 November |
1996 |
| Kiribati |
7 September |
2000 A |
6 December |
2000 |
| Kuwait |
11 October |
1993 |
9 January |
1994 |
| Laos |
21 September |
2010 A |
20 December |
2010 |
| Lesotho |
May 31 |
2000 A |
29 August |
2000 |
| Latvia |
April 14 |
1992 A |
July 13 |
1992 |
| Lebanon * |
21 December |
1994 |
21 March |
1995 |
| Liberia |
22 September |
2004 A |
21 December |
2004 |
| Libya |
July 12 |
2001 A |
10 October |
2001 |
| Liechtenstein |
27 January |
1992 |
5 May |
1992 |
| Lithuania |
22 April |
1999 A |
July 21 |
1999 |
| Luxembourg |
7 February |
1994 |
8 May |
1994 |
| Macedonia |
July 16 |
1997 A |
14 October |
1997 |
| Madagascar |
2 June |
1999 A |
August 31 |
1999 |
| Malaysia |
8 October |
1993 A |
6 January |
1994 |
| Malawi |
April 21 |
1994 A |
July 20 |
1994 |
| Maldives |
28 April |
1992 A |
27 July |
1992 |
| Mali |
5 December |
2000 A |
March 5 |
2001 |
| Malta |
19 June |
2000 A |
September 17 |
2000 |
| Morocco |
28 December |
1995 A |
March 27 |
1996 |
| Marshall Islands |
27 January |
2003 A |
April 27 |
2003 |
| Mauritius |
24 November |
1992 A |
22 February |
1993 |
| Mauritania |
August 16 |
1996 A |
14 November |
1996 |
| Mexico * |
22 February |
1991 |
5 May |
1992 |
| Micronesia |
September 6 |
1995 A |
5 December |
1995 |
| Moldova |
July 2 |
1998 A |
September 30 |
1998 |
| Monaco |
August 31 |
1992 A |
29 November |
1992 |
| Mongolia |
15 April |
1997 A |
July 14 |
1997 |
| Montenegro |
23 October |
2006 S |
3 June |
2006 |
| Mozambique |
13 March |
1997 A |
11 June |
1997 |
| Myanmar |
6 January |
2015 A |
April 6 |
2015 |
| Namibia |
15 May |
1995 A |
13 August |
1995 |
| Nauru |
12 November |
2001 A |
10 February |
2002 |
| Nepal |
15 October |
1996 A |
13 January |
1997 |
| Nicaragua |
3 June |
1997 A |
1 Er September |
1997 |
| Niger |
17 June |
1998 A |
September 15 |
1998 |
| Nigeria |
13 March |
1991 |
5 May |
1992 |
| Norway * |
July 2 |
1990 |
5 May |
1992 |
| New Zealand D |
20 December |
1994 |
20 March |
1995 |
| Oman |
February 8 |
1995 A |
9 May |
1995 |
| Uganda |
March 11 |
1999 A |
9 June |
1999 |
| Uzbekistan |
7 February |
1996 A |
7 May |
1996 |
| Pakistan |
26 July |
1994 A |
24 October |
1994 |
| Palau |
8 September |
2011 A |
7 December |
2011 |
| Palestine |
2 January |
2015 A |
2 April |
2015 |
| Panama |
22 February |
1991 |
5 May |
1992 |
| Papua New Guinea |
1 Er September |
1995 A |
30 November |
1995 |
| Paraguay |
28 September |
1995 A |
27 December |
1995 |
| Netherlands * e |
April 16 |
1993 |
July 15 |
1993 |
| Peru |
23 November |
1993 A |
21 February |
1994 |
| Philippines |
21 October |
1993 |
19 January |
1994 |
| Poland * |
20 March |
1992 |
18 June |
1992 |
| Portugal |
26 January |
1994 |
April 26 |
1994 |
| Qatar |
August 9 |
1995 A |
7 November |
1995 |
| Central African Republic |
24 February |
2006 A |
25 May |
2006 |
| Dominican Republic |
10 July |
2000 A |
8 October |
2000 |
| Czech Republic |
September 30 |
1993 S |
1 Er January |
1993 |
| Romania * |
February 27 |
1991 A |
5 May |
1992 |
| United Kingdom * |
7 February |
1994 |
8 May |
1994 |
| Akrotiri and Dhekelia |
September 6 |
2006 |
September 6 |
2006 |
| Gibraltar |
April 11 |
2013 |
10 July |
2013 |
| Guernsey |
27 November |
2002 |
27 November |
2002 |
| Isle of Man |
12 December |
2001 |
12 December |
2001 |
| Jersey |
September 14 |
2007 |
September 14 |
2007 |
| Antarctic Territory bridles. |
7 February |
1994 |
8 May |
1994 |
| Russia * |
31 January |
1995 |
1 Er May |
1995 |
| Rwanda |
7 January |
2004 A |
April 6 |
2004 |
| Saint Kitts and Nevis * |
7 September |
1994 A |
5 December |
1994 |
| Saint Vincent and the Grenadines |
2 December |
1996 A |
2 March |
1997 |
| Saint Lucia |
9 December |
1993 A |
March 9 |
1994 |
| Samoa |
22 March |
2002 A |
20 June |
2002 |
| Sao Tome and Principe |
12 November |
2013 A |
10 February |
2014 |
| Senegal |
10 November |
1992 A |
February 8 |
1993 |
| Serbia |
18 April |
2000 A |
17 July |
2000 |
| Seychelles |
11 May |
1993 A |
August 9 |
1993 |
| Singapore * |
2 January |
1996 A |
1 Er April |
1996 |
| Slovakia |
28 May |
1993 S |
1 Er January |
1993 |
| Slovenia |
7 October |
1993 A |
5 January |
1994 |
| Somalia |
26 July |
2010 A |
24 October |
2010 |
| Sudan |
9 January |
2006 A |
April 9 |
2006 |
| Sri Lanka |
August 28 |
1992 A |
26 November |
1992 |
| Sweden |
2 August |
1991 |
5 May |
1992 |
| Switzerland |
31 January |
1990 |
5 May |
1992 |
| Suriname |
September 20 |
2011 A |
19 December |
2011 |
| Syria |
22 January |
1992 |
5 May |
1992 |
| Swaziland |
8 August |
2005 A |
6 November |
2005 |
| Tanzania |
7 April |
1993 A |
July 6 |
1993 |
| Chad |
10 March |
2004 A |
8 June |
2004 |
| Thailand |
24 November |
1997 |
22 February |
1998 |
| Togo |
July 2 |
2004 A |
September 30 |
2004 |
| Tonga |
26 March |
2010 A |
24 June |
2010 |
| Trinidad and Tobago |
18 February |
1994 A |
19 May |
1994 |
| Tunisia |
11 October |
1995 A |
9 January |
1996 |
| Turkmenistan |
September 25 |
1996 A |
24 December |
1996 |
| Turkey |
22 June |
1994 |
September 20 |
1994 |
| Ukraine |
8 October |
1999 A |
6 January |
2000 |
|
7 February |
1994 |
8 May |
1994 |
| Uruguay * |
20 December |
1991 |
5 May |
1992 |
| Venezuela * |
3 March |
1998 |
1 Er June |
1998 |
| Vietnam |
13 March |
1995 A |
11 June |
1995 |
| Yemen |
21 February |
1996 A |
21 May |
1996 |
| Zambia |
15 November |
1994 A |
13 February |
1995 |
| Zimbabwe |
1 Er March |
2012 A |
30 May |
2012 |
|
||||
|
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|
||||
|
||||
|
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| E For the Kingdom in Europe. |
1 RO 1992 1161, 2004 1185, 2005 5009, 2007 5091, 2010 3537, 2012 437, 2015 415. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
