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The Basel Convention at a Glance



Name:
Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (1989)

(The Basel Convention)


What is the Purpose of the Convention?
The purpose of the Basel Convention is to:

  • reduce transboundary movements of hazardous wastes;
  • minimise the production of hazardous and toxic wastes;
  • ensure that disposal of wastes is done in environmentally sound manner and as close to the possible source as possible; and
  • assist developing countries in the environmentally sound management of hazardous and other wastes they generate

    What Substances or Chemicals Are Covered by the Convention?
    The Convention covers toxic, poisonous, explosive, corrosive, flammable, ecotoxic and infectious wastes that are being moved from one country to another (transboundary movements).

    What are the likely Scenarios where Developing Countries or Countries with Economies in transition would use this Convention?

    Developing countries are unlikely to be major producers of hazardous waste though increasingly countries with economies in transition may generate significant amounts of hazardous waste. While developing countries may not generate much hazardous waste they are likely to have some hazardous waste lying around (e.g., PCBs in old transformers or stockpiles of pesticides) as a result of historical uses.

    Developing countries may possibly use the Convention for the following purposes:

  • To get assistance in cleaning up hazardous wastes in their country.
  • Getting a permit to export hazardous wastes for destruction in another country
  • Prohibiting the transshipment of hazardous wastes through their territorial seas.
  • Getting a permit to export elements of household waste to another country for recycling (e.g. aluminium cans).

    What are the General Obligations on Countries?
    Countries should ban the import of hazardous wastes. They should minimise the production of hazardous wastes and cooperate to ensure that wastes are treated and disposed of in an environmentally sound manner.

    What are the Economic and Social Benefits of the Convention?
    The Basel Convention is an international agreement that regulates the global trade in hazardous wastes. This means that movement of chemicals that are dangerous to human health and the environment will be severely restricted or banned. This will have significant benefits.

    Furthermore, developing countries that ratify the Basel Convention are likely to attract financial support to help them administer their hazardous wastes. The major benefit will be a system of protection that will stop hazardous wastes being dumped in your country.

    What Are Costs Associated with the Convention?
    There is a small annual fee in being a party to the Convention.

    Depending on the extent of hazardous waste in your country and the potential trade into your country, there will be some operational costs. The competent authorities (police, customs officers, port or airport authorities, coast guard) may need to carry out the following functions:

  • identification of hazardous wastes;
  • knowledge of companies' operations;
  • knowledge of the United Nations Recommendations on the Transport of Dangerous Goods (all modes of transport);
  • understanding of laboratory results on sampling and testing;
  • familiarities with Notification and Movement Document, tracking documents, permits, contracts, financial guarantees;
  • statistical information and processing of data provided by the World Customs Organization; and
  • identification of cases of illegal traffic.

    Financial assistance is provided by the Trust Fund to assist developing countries meet the costs of carrying out the obligations of the Convention.

    What Personnel will be Required to Administer the Convention?
    The Convention requires that a competent authority and a Focal Point be identified. The amount of staff time required to administer the Convention will depend on the volume of waste being held or transported. As a minimum, a country may need to allocate some time to customs officials, a Focal Point and possibly a scientist/engineer. As there is considerable overlap in responsibility with the Waigani and Bamako regional Conventions, the tasks would be much the same.

    Will National Legislation be Required?
    Yes. The Secretariat of the Basel Convention has produced model legislation. This could be used as a guide. Basel legislation could be combined with legislation needed to meet obligations under other chemical conventions.

    Are There Reporting Requirements?
    Yes. Each year, a questionnaire is sent out to member countries, requesting information on variety of matters relating to hazardous wastes. This includes information on efforts to reduce the amount of hazardous wastes and information on the generation, export and import of hazardous wastes covered by the Convention.

    Will there be Help in Administering the Convention?
    Yes. The Secretariat of the Convention cooperates with national authorities in developing national legislation, setting up inventories of hazardous wastes, strengthening national institutions and preparing hazardous waste management plans.

    Regional Centres for Training and Technology Transfer will assist developing countries to gain the skills and tools necessary to properly manage and dispose of their wastes in an environmentally sound way. There are currently 14 strategically located Basel Regional Centres (BCRC's) throughout the world. Summary documents indicating the location and roles of the BCRC's are included in the references section for the Basel and Bamako Conventions. These documents include contact details for the BCRC's and key personnel.

    What is the Status of the Basel Convention?
    The Convention came into force in 1992.

    Are There Other Agreements Associated with the Convention?
    Yes, there is The Basel Protocol on Liability and Compensation. There is also the Basel Ban Amendment (Decision III/I) which bans the trade in hazardous waste from EU, OECD and Liechtenstein to all other Parties.

    There is currently a legal and administrative dispute as to whether the Basel Ban Amendment has entered into force through sufficient Contracting Party ratifications. For details on this issue see the Basel Convention/General Obligations section of this handbook.





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