Tools for the development of legal frameworks

Checklist for the Legislator

The Checklist for the Legislator (available in Arabic, Chinese, English, French, Russian and Spanish) has been prepared by the Implementation and Compliance Committee in the context of its 2014-2015 work programme. It is annexed to the Manual for the Implementation of the Basel Convention, also developed by the Committee, which was adopted by the Conference of the Parties at its twelfth meeting (decision BC-12/7). The checklist is aimed at the legislator who will be drafting the national implementing legislation and seeks to identify the most fundamental matters that should be addressed in national implementing legislation, taking into account that such legislation may be combined with national legislation to implement the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade and the Stockholm Convention on Persistent Organic Pollutants.

It should be noted that this checklist does not address all matters that a legislator could choose to address in national implementing legislation.

Model National Legislation

Model National Legislation was developed by the Legal Working Group on the basis of existing national legislation and institutional arrangements in various countries. It was designed to assist Parties in developing and/or updating their national legislation and institutional arrangements to ensure the environmentally sound management of hazardous wastes and other wastes, and their disposal and to facilitate and ensure the compliance of Contracting Parties with the provisions of the Convention. In 1995, by decision III/6 of the third meeting of the Conference of the Parties, the Model National Legislation was adopted for immediate use. Decision BC-10/3 adopted at the tenth meeting of the Conference of the Parties encourages Parties to make use of this tool. The same decision requests the Secretariat to facilitate and encourage greater use of the Basel Convention model legislation for the development or revision of national legislative and other measures for the prohibition of imports of hazardous wastes. The twelfth meeting of the Conference of the Parties, upon a recommendation by the Implementation and Compliance Committee, withdrew the Model National Legislation and mandated the Committee, as part of its 2016-2017 work programme, to consider what additional steps could be taken to improve implementation and compliance with paragraph 4 of Article 4 an paragraph 5 of Article 9 of the Convention;(decision BC-12/7)

  • Article 4(4) of the Convention provides that: "Each Party shall take appropriate legal, administrative and other measures to implement and enforce the provisions of this Convention, including measures to prevent and punish conduct in contravention of the Convention"
  • Article 9 (5) of the Convention provides that “Each Party shall introduce appropriate national/domestic legislation to prevent and punish illegal traffic;

Legal framework programme

Established by the tenth meeting of the Conference of the Parties in its decision BC-10/11, the legal framework programme aimed at providing tailored assistance to Parties, upon their request, with a view to ensuring that those requirements of the Basel Convention pertaining to national legislation are adequately implemented, in particular Article 4(4) and Article 9 (5) of the Convention. The legal framework programme was managed by the Basel Convention Committee administering the mechanism for promoting implementation and compliance of the Basel Convention. At its eleventh meeting, the Conference of the Parties to the Basel Convention in its decision BC-11/8 invited parties that may be facing difficulties in implementing and complying with paragraph 4 of article 4 and paragraph 5 of article 9 of the Convention to make use of the Committee’s legal framework programme through a submission under paragraph 9 (a) of the terms of reference, which may lead to consideration of possible funding from the implementation fund. At its twelfth meeting, based on a recommendation by the Committee, the Conference of the Parties decided to discontinue the legal framework programme established by decision BC-10/11 given that the terms of reference of the Committee provide a sufficient basis for it to consider and assist in the resolution of implementation and compliance difficulties associated with a Party's lack of an adequate legal framework (decision BC-12/7).