Multilateral Environmental Agreements
Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal
Status
Objectives
Commitments
Action Required
Activities
Evidence of Compliance
Signed March 22, 1989
Ratified by Canada on August 28, 1992
Entered into force internationally on May 5, 1992
Entered into force in Canada on November 26, 1992
The Convention seeks to control the transboundary movement of hazardous
wastes and hazardous recyclable materials, and to promote their
environmentally-sound management.
Classification and tracking: The Convention establishes
a core list of hazardous wastes and hazardous recyclable materials
to be controlled when they exhibit one or more of the hazard characteristics
set out in Annex III of the Convention, and allows the Parties to
control wastes and recyclable materials beyond those in the core
list. In 1998, two new waste Annexes were adopted (Annexes VIII
and IX). The Convention also requires Parties to:
- establish a national
authorization or licensing system for persons involved in the
transport or disposal (including recycling or final disposal)
of hazardous wastes or hazardous recyclable materials;
- require that a movement
document accompany any hazardous wastes or hazardous recyclable
materials subject to transboundary movement from the point of
generation to the point of management; and
- establish national requirements
for packaging, labelling and transport, in accordance with recognized
international rules and standards.
Prohibition of Transboundary Movement of Hazardous Wastes:
Parties may not carry out or authorize transboundary movements of
hazardous wastes or hazardous recyclable materials:
- to States that are not
Parties to the Convention unless they have a bilateral agreement
under Article 11;
- to Antarctica;
- if the prospective State
of destination has prohibited such imports;
- if appropriate disposal
or recycling facilities are available in the State of origin unless
the waste is needed as a raw material for recycling or recovery
industries in the state of import; and
- if there is reason to
believe that environmentally-sound management/disposal options
are not available in the prospective State of destination.
Note that in September 1995, Parties adopted an amendment to immediately
prohibit exports of hazardous wastes destined for final disposal
from Annex VII countries to non-Annex VII countries and to phase
out by December 31, 1997, and to prohibit as of that date, exports
of hazardous recyclables from Annex VII to non-Annex VII countries.
Currently, Annex VII consists of members of the European Union,
the Organization for Economic Co-operation and Development (OECD),
and Liechtenstein. The ban amendment comes into force after sixty-two
ratifications and only applies to those Parties that ratify it.
As of March 17, 2004, fourty-four Parties had ratified. Canada
has not ratified the amendment.
Illegal Traffic and Duty to Re-Import: The State responsible
for illegal traffic must ensure the proper management of the wastes
or recyclables, if necessary by re-importation. If a transaction
takes place in accordance with the Convention and management cannot
be carried out as foreseen, the exporting State must find a suitable
alternate arrangement or, if this is not possible, ensure re-importation.
Prior informed consent:
- where transboundary movement
of hazardous wastes and hazardous recyclable materials is not
prohibited in principle, Parties may only authorize movement after
the states of import and transit have given written consent to
the state of export, based on detailed information provided to
them by that state.
General obligations:
- reduce the generation
of hazardous wastes and hazardous recyclable materials, and keep
their transboundary movement to a minimum;
- ensure environmentally-sound
management of hazardous wastes and hazardous recyclable materials
(a set of Technical Guidelines are being developed which will
recommend means to accomplish this);
- co-operate in promoting
new low-waste technologies with a view to eliminating, as far
as practicable, the generation of hazardous wastes; and
- promote technical co-operation
and exchange of information, especially to developing countries.
Reporting: Parties must annually provide information to
the Secretariat on domestic legislation and policies and on hazardous
wastes/hazardous recyclable materials import/export activity.
In December 2002 the Sixth Conference of the Parties of the Basel
Convention adopted a compliance mechanism which includes a compliance
committee of fifteen Party nominees. The Committee was elected
in 2003 and held one organizational meeting that year. In 2004
it will be meeting in conjunction with the Third Meeting of the
Open-ended Working Group and possibly at Conference of the Parties 7
Environment Canada is the lead department, and is assisted by
Health Canada, Industry Canada, Natural Resources Canada, Canada
Border Services Agency, Transport Canada, and the Department
of Foreign Affairs and International Trade.
Compliance with the Convention requires:
- legislation and regulations
to implement the classification, import/export controls and tracking
requirements, and environmentally-sound management;
- legislation and policy
to implement the general obligations re: waste minimization;
- administrative procedures
to administer and enforce the import/export regime;
- support for technical
co-operation initiatives; and
- regular reporting.
The Canadian Environmental Protection Act (CEPA 1999) and Export
and Import of Hazardous Waste Regulations (1992) provide the legal
authority to implement the specific obligations (along with federal
and provincial Transportation of Dangerous Goods legislation, which
implement various forms of the prescribed classification scheme).
The new CEPA 1999 allows Canada to:
- fully implement its Basel
obligations concerning the transboundary movement of hazardous
wastes and hazardous recyclable materials;
- prohibit exports or imports
of hazardous wastes and hazardous recyclable materials when required
under international agreements or when the wastes will not be
managed in an environmentally-sound manner;
- control the transboundary
movements of prescribed non-hazardous wastes destined for final
disposal;
- require exporters of hazardous
wastes and prescribed non-hazardous wastes destined for final
disposal to submit reduction plans; and
- prescribe conditions for
the environmentally sound management of hazardous wastes and hazardous
recyclable materials.
Environment Canada's Transboundary Movement Branch (TMB) administers
the CEPA 1999 provisions and co-ordinates the reporting requirements
and various technical co-operation initiatives. Headquarters (HQ)
and regional enforcement officials enforce, in collaboration with
customs, the Royal Canadian Mounted Police (RCMP), the provinces,
and foreign officials.
The Transboundary Movement Branch (TMB) has sponsored various impact
studies and client satisfaction studies. In addition, the regime
has been the subject of reviews, including the 1997 Auditor General
Report.
The main issues which continue to require attention are:
- whether to ratify the
1995 amendment banning exports to non-Annex VII countries;
- international agreement
on what constitutes "environmentally-sound management";
- pursue work on dismantling of ships;
- monitoring of illegal
traffic and enforcement of the Canadian Environmental Protection
Act (CEPA 1999) provisions with respect to transboundary shipments
of hazardous wastes and hazardous recyclable materials;
- develop technical guides on the persistent organic pollutants
(POPS). These will be considered by the Stockholm Convention
on POPs;
- whether to accede to
the Protocol on liability and compensation; and
- harmonization of the
Organization for Economic Co-operation and Development (OECD)
and Basel waste lists.
http://www.basel.int
|
