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Suivi de l'ONU > L'ONU et les droits de l'homme Ce document est disponible seulement en anglais. United Nations Environmental Programme (UNEP) The Basel Convention on Hazardous Wastes and The Basel Protocol on Liability and Compensation
March 1989: The Basel Convention is adopted at the Diplomatic Conference held in Basel, Switzerland. Canada is among the first countries to sign the Convention Background to the Basel Convention The Basel Convention was adopted in 1989 at the Conference of Plenipotentiaires of the Global Convention on the Control of Transboundary Movements and Disposal of Hazardous Wastes, held in Basel Switzerland. The Convention came into force three years later in May of 1992, after ratification by 20 countries. The process towards the creation of the Convention started in 1981 when Senior Government Officials Expert in Environmental Law identified the transport, handling and disposal of toxic and dangerous waste as a key environmental issue requiring additional global and regional cooperation. Guidelines developed by the experts, and thereafter by the working group of experts established by UNEP in 1982, led to the Cairo Guidelines in 1985 for the environmentally sound management of hazardous wastes. In 1987, UNEP established an Ad Hoc Working Group of Legal and Technical Experts to prepare, based on the Cairo Guidelines, what would later become the Basel Convention. The Basel Convention is an important international legal instrument with 134 member Parties in March 2000. The Convention works not only to control transboundary movement of hazardous wastes but also to ensure that wastes are disposed of in an environmentally sound manner and that production of wastes is reduced at the source. The movement of hazardous waste across borders can have a serious impact on human health and the environment, particularly on the quality of waters. The task of the Conference of the Parties (COP) and the Secretariat to the Convention in the next decade is to ensure that countries, particularly developing countries, develop the capacity to The CBD has been perceived as a potentially very progressive Multilateral Environmental Convention (MEC) because it addresses the threats to global biological diversity from both a conservation and a sustainable use perspective. Conservation and development concerns are acknowledged in the CBD as legitimate and interdependent within the larger framework of sustainable development. implement and enforce the Convention. Ensuring the enforcement of this Multilateral Environmental Convention, like the others MECs, will also require addressing the legal power of such Conventions in relation to other international trade laws such as those of the World Trade Organization. The Basel Convention at a Glance "The overall goal of the Basel Convention is to protect human health and the environment against the adverse effects which may result from the generation, transbounfary movements and management of hazardous and other wastes." UNEP 1997 One of the main functions of the Basel Convention is to control the transboundary movement of hazardous wastes. Article 6 of the Convention sets out strict control mechanisms. Written notification must be sent by exporters to importing countries. Importing countries must then follow with a written consent, specifying conditions, if any, or deny permission for the shipment. The Convention requires that Parties to the Convention designate competent authorities to manage the prior written consent system. Notification of movement documents have been developed requiring information on, among other things, the wastes to be transported, whether these are hazardous or not, and the type of disposal operation planned for the wastes once in the country of import. The six main objectives of the Basel Convention are:
Environmentally sound management of hazardous wastes is defined in the Convention as “taking all practicable steps to ensure that hazardous wastes and other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes”. Hazardous wastes are defined by the Convention as exhibiting some of thefollowing characteristics: flammable, oxidizing, poisonous, infectious, corrosive, and ecotoxic. In addition to the hazardous wastes listed by the Convention, wastes identified as hazardous within national legislations of Parties of export, import or transit, will also be considered hazardous during transboundary movement. Excluded from the scope of the Convention are radioactive hazardous wastes. These are covered under other international agreements including the Code of Practice on the International Transboundary Movement of Radioactive Waste (1990) under the International Atomic Energy Agency (IAEA). Wastes deriving from the normal operations of ships are also not covered under Basel. Other agreements such as the International Convention for the Prevention of Pollution from Ships (MARPOL73/78 Convention) cover these sources of wastes. Working Structure of the Basel Convention A number of bodies oversee the evolution and implementation of the Convention. The Conference of the Parties (COP) is the governing body of the Convention and is composed of all the member Parties. COP meetings are held mainly on a biennial basis with the participation, as observers, of other interested UN Agencies and non-member States. Other bodies such as NGOs and industry associations with interest and knowledge in the field of hazardous waste can also participate as observers unless one third of the Parties object. The Secretariat to the Convention, established in 1993, has the responsibility to implement the Convention based on guidance received from the COP and its subsidiary bodies. Other responsibilities of the Secretariat include maintaining communication with Competent Authorities within each member States, providing information on technical, scientific and policy resources, and assisting parties in the implementation of the Convention nationally. Additional bodies play an important role to ensure the effective monitoring and implementation of the Convention. The Extended Bureau provides general policy and operational direction to the Secretariat. The Open-ended Ad Hoc Committee helps to facilitate the implementation by preparing issues for consideration for COP meetings. The Technical Working Group was established to provide guidance to the COP on technical matters including clarifying the definition of hazardous waste under the Convention. The Ad Hoc Working Group of Legal and Technical Experts has mainly worked on the development of the draft Protocol on Liability and Compensation adopted in December 1999 at COP 5. The Consultative Sub-group of Legal and Technical Advisers works on the identification of mechanisms for monitoring the implementation of and compliance with the Basel Convention. Focus for the next decade “ The Basel Convention, in its first ten years, has succeeded in putting hazardous waste and the implications of their indiscriminate disposal on the global agenda.” Kofi Annan, Secretary General of the United Nations The fifth Conference of the Parties meeting in December 1999 resulted in the adoption of a Ministerial Declaration on environmentally sound management. This Declaration is referred to as an historical event because it is forward looking and proposes areas of focus for the next decade aiming to address the root causes of the impacts of hazardous wastes on human health and the environment. Among the areas of focus proposed are: the excessive production and throw away philosophy typically associated with developed countries and the lack of capacity of developing countries to develop proper legislation, enforce regulations, and shift towards cleaner production technologies. An OECD workshop on Environmentally Sound Management (ESM) of Wastes Destined for Recovery Operations was held in Cancun, Mexico, October 28-29, 1999. The workshop, co-hosted by Canada, the United States and Mexico, led to some recommendations to the Working Group on Waste Management Policies (WGWMP). The Regional Centers for Training and Technology, which are established under the Convention, will play a key role in the next decade to strengthen the capacity of countries to minimize the generation of wastes and manage wastes that are produced in an environmentally sound manner. The Regional Centers are expected to be self-sufficient and therefore will need to work in partnership with other groups and industry. Among their key tasks will be the development of frameworks for public awareness-raising and technical training. The Ministerial Declaration details the key areas of focus for the Regional Centers for the next decade. Twelve Regional Centers have been established as of September 1999. The Ban Amendment The transboundary movement of hazardous wastes and other wastes has typically been from developed countries to developing countries. Developing countries have therefore had to disproportionately bear the environmental and health costs associated with the disposal or reuse of these products. To enable developing countries to refuse hazardous wastes imports in their countries, Article 4, paragraph 1 (a) and (b) of the Convention gives Parties the right to prohibit the import of hazardous wastes for disposal. The lack of environmental legislation regarding disposal and reuse of hazardous wastes, added to less strict controls, enforcement and a lower level of public awareness, continue to make developing countries target destinations for the illegal traffic and dumping of hazardous wastes. To support developing countries, Decision III/1 was proposed by COP 3 for the amendment of the Convention. The amendment proposes the Ban of export of hazardous wastes from EU, OECD and Liechtenstein (know as Annex VII countries) to all other countries including all developing countries Parties to the Convention. The Ban Amendment has been ratified, as of 2000, by 20 Parties. To come into force, the ban will need to be ratified by three-fourths of the Parties present at the time of the amendment (62 Parties). The Ban, once into force, will further protect developing countries from illegal imports and, at the same time, will provide an incentive for developed countries to reduce their production of hazardous wastes at source. Related Conventions Other Conventions deal with wastes such as the International Convention for the Prevention of Pollution from Ships (MARPOL) and the Rotterdam (PIC) Convention on hazardous chemicals and pesticides. These Conventions, along with the Convention on Persistent Organic Pollutants (POPs), which is presently under negotiation, can help achieve the objectives of the Basel Convention. Efforts are planned in the next decade to ensure effective collaboration between these closely related and complementary Conventions. The Basel Protocol on Liability and Compensation Another key initiative to reduce illegal traffic and further support developing countries is the newly adopted Basel Protocol on Liability and Compensation. The protocol was adopted at the 5th meeting of the Conference of the Parties on 10 December 2000 following extensive work by the Ad Hoc Working Group of Legal and Technical Experts starting in 1993. Under the Protocol, mechanisms are now in place to assign responsibility when damages are incurred from the illegal or legal transboundary movement of hazardous wastes and their disposal. Provisions to compensate quickly those having been subjected to damage from the transboundary movement or disposal of hazardous wastes are also in place under the Protocol. Canada and the Basel Convention Canada was among the first countries to sign the Convention in March 1989 when it was adopted at the Basel Conference in Switzerland. Ratification of the Convention was completed in August 1992 and came into force in Canada three months later on November 26 1992. Canada has been an active Party to the Convention and has participated in the development of technical guidelines for environmentally sound management, was involved in the negotiations leading to the adoption of the Protocol on Liability and Compensation, and, more recently, Canada chaired the Working Group that developed the Ministerial Declaration adopted at COP 5 in December 1999. The Transboundary Movement Division of Environment Canada is responsible for the implementation of the Basel Convention in Canada and of other agreements and regulations developed nationally to deal with the movement of hazardous wastes. Among some of its main functions are: processing information regarding import and export demands, operation of the manifest tracking system, working with the provinces regarding the import of hazardous wastes, and compliance promotion though the publication of information materials. On a per capita basis, Canada is one of the highest generators of wastes in the Western world. Of the total of 38 million tones of wastes generated in the country each year, approximately 6 million tonnes are hazardous. Source: Environment Canada- Transboundary Movement Division- Fact Sheet Canada’s approach to managing hazardous wastes Along with the ratification of the Convention in 1992, Transport Canada created the Transportation of Dangerous Goods Act (TDGA) and regulations (TDGR). Environment Canada already had in place the Canadian Environmental Protection Act (CEPA) dating from 1988. To meet the requirements of the Convention, the Export and Import of Hazardous Wastes (EIHW) Regulations were developed, these being pursuant to both CEPA and TDGA. The TDG and the EIHW regulations together govern the movement of hazardous waste within Canada and between Canada and other countries. Under the EIHW regulations, a notification system is put in place requiring mandatory notification by the exporter to the importing country and consent from the importing country prior to proceeding with transboundary movement of hazardous waste. In Canada, the provinces authorize imports destined for recycling or disposal in facilities found in their jurisdiction. The EIHW regulations also require that importers or exporters obtain insurance to cover the costs in case of environmental damage resulting from an accident. Contingency plans are also required in case the shipment itinerary cannot be completed as planned. A main feature of both regulations is the manifest tracking system for the export and import of hazardous wastes. This system consists in a detailed information requirement for interprovincial and international shipments that make it possible to track the movement of hazardous wastes and ensure their proper processing, as determined in the manifest. The Canadian waste manifest form requires such information as the identification of key firms or individuals involved in the shipment, detailed information on the shipment itself, special handling precautions and treatment, and storage or disposal planned for the shipment once having reached final destination. The New CEPA 1999 “The new Canadian Environmental Protection Act is one of the most advanced environmental laws of its kind in the developed world and will be our most important tool in preventing the release of toxic substances into our air and water” The Honorable David Anderson, Minister of Environment The new Canadian Environmental Protection Act (CEPA) was proclaimed on September 14th 1999 with the Royal Assent of bill C-32, and came into force on March 31, 2000. The new CEPA contains substantial amendments to the original Act dating from 1988. Division 8 of Part 7 of CEPA 1999 addresses specifically the transboundary movement of hazardous wastes. Under the new Act, the Minister of Environment is given the authority to, for example: refuse to issue a permit; ban, with the approval of the Governor in Council, the export, import or transit of hazardous wastes and other wastes destined for disposal, and to require individuals or companies to submit and implement a plan to phase out the export of hazardous wastes for final disposal. Canada-U.S.A. Agreement on the Transboundary Movement of Hazardous Wastes Under Article 11 of the Basel Convention, Parties may enter into bilateral, multilateral or regional agreements regarding the transboundary movement of hazardous wastes with other Parties to the Convention and with non-Parties. Such an agreement was signed between Canada and the United States in October 1986. The Agreement is consistent with the Basel Convention since it meets the basic requirements regarding environmentally sound management of hazardous and other wastes. The Agreement addresses the requirements for notification and for cooperative efforts to monitor and spot-check shipment of hazardous wastes to ensure compliance with the Agreement. Article 6 requires the readmission of shipments returned by the country of import or transit.
Of the 6 million tonnes of hazardous wastes produced every year in Canada, 282 000 tonnes were exported to the USA and a total of 545 000 tonnes were imported from the USA in 1998. UN Links
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