At the second meeting of the Conference of the Parties (COP) in March 1994, Parties adopted a decision whereby they agreed to prohibit immediately all transboundary movements of hazardous wastes which are destined for final disposal operations from OECD to non-OECD States. In that same decision, Parties also agreed to phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes destined for recovery or recycling operations from OECD to non-OECD States (Decision II/12).
At the next meeting (COP-3) in 1995, Parties adopted a further decision IIII/1 as an amendment to the Convention (the “Ban Amendment”).
Scope of the Ban
The “Ban Amendment” provides for the prohibition by each Party included in the proposed new Annex VII (Parties and other States which are members of the OECD, EC, Liechtenstein) of all transboundary movements to States not included in Annex VII of hazardous wastes covered by the Convention that are intended for final disposal, and of all transboundary movements to States not included in Annex VII of hazardous wastes covered by paragraph 1 (a) of Article 1 of the Convention that are destined for reuse, recycling or recovery operations.
Ratification
Please see the Status of Ratifications section for a current list of the Parties to the Ban Amendment.
Decision II/12
The Conference,
Recalling the request of the Group of 77 countries at the First Meeting of the Conference of the Parties to the Basel Convention held in Uruguay, from 3 to 4 December 1992, for the total ban on all exports of hazardous wastes from OECD countries to non-OECD countries,
Recognizing that transboundary movements of hazardous wastes from OECD to non-OECD States run a high risk of not constituting an environmentally sound management of hazardous wastes as required by the Basel Convention,
1. Decides to prohibit immediately all transboundary movements of hazardous wastes which are destined for final disposal from OECD to non-OECD States;
2. Decides also to phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes which are destined for recycling or recovery operations from OECD to non-OECD States;
3. Decides further that any non-OECD State, not possessing a national hazardous wastes import ban, which allows the import from OECD States of hazardous wastes for recycling or recovery operations up to 31 December 1997, should inform the Secretariat of the Basel Convention that it would allow the import from an OECD State of hazardous wastes for recycling or recovery operations by specifying the categories of hazardous wastes which are acceptable for import, the quantities to be imported, the specific destination/disposal of the residues which are derived from recycling/recovery operations;
4. Requests the Parties to report regularly to the Secretariat on the implementation of this decision, including details of the transboundary movements of hazardous wastes allowed under paragraph 3 above. Further requests the Secretariat to summarize and compile these reports for consideration by the Open-ended Ad Hoc Committee. After considering these reports, the Open-ended Ad Hoc Committee will submit a report based on the input provided by the Secretariat to the Conference of the Parties to the Convention;
Requests further the Parties to cooperate and work actively to ensure the effective implementation of the present decision.
Decision III/1: Amendment to the Basel Convention
The Conference,
Recalling that at the first meeting of the Conference of the Parties to the Basel Convention, a request was made for the prohibition of hazardous waste shipments from industrialized countries to developing countries;
Recalling decision II/12 of the Conference;
Noting that:
- the Technical Working Group is instructed by this Conference to continue its work on hazard characterization of wastes subject to the Basel Convention (decision III/12);
- the Technical Working Group has already commenced its work on the development of lists of wastes which are hazardous and wastes which are not subject to the Convention;
- those lists (document UNEP/CHW.3/Inf.4) already offer useful guidance but are not yet complete or fully accepted;
- the Technical Working Group will develop technical guidelines to assist any Party or State that has sovereign right to conclude agreements or arrangements including those under Article 11 concerning the transboundary movement of hazardous wastes.
- Instructs the Technical Working Group to give full priority to completing the work on hazard characterization and the development of lists and technical guidelines in order to submit them for approval to the fourth meeting of the Conference of the Parties;
- Decides that the Conference of the Parties shall make a decision on a list(s) at its fourth meeting;
- Decides to adopt the following amendment to the Convention:
Insert new preambular paragraph 7 bis:
Recognizing that transboundary movements of hazardous wastes, especially to developing countries, have a high risk of not constituting an environmentally sound management of hazardous wastes as required by this Convention;
Insert new Article 4A:
- Each Party 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.
- Each Party listed in Annex VII shall phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes under Article 1, paragraph 1 (a) of the Convention which are destined for operations according to Annex IV B to States not listed in Annex VII. Such transboundary movements shall not be prohibited unless the wastes in question are characterized as hazardous under the Convention.
Annex VII
Parties and other States which are members of OECD, EC, Liechtenstein.
COP 9 President's Statement
Please click here for the Presidents statement at the ninth meeting of the Conference of the Parties, on the possible way forward on the Ban Amendment.