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Focus on: the Basel Convention

Control of trans-boundary movements of hazardous waste and

their disposal

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Using Cleaner Production to facilitate implementation of the

Basel Convention

Activities for National Cleaner Production Centres

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Basel Convention - Overview

A global legal instrument on the control and the management of hazardous wastes

Adopted: 1989; Entered into force: 1992 Status of participation:147 Parties Affiliated instruments:

– Amendment on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

– Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal

– The Basel Ministerial Declaration on Environmentally Sound Management of Hazardous Wastes

The Convention requires environmentally sound management for ALL wastes

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Affiliated Instruments - Detail

Amendment on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

– Objective: to ban exports of hazardous wastes for final disposal, recovery, or recycling from developed countries to developing countries. (Amendment not yet in force)

Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and their Disposal

– Objective: to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring because of illegal traffic in those wastes (Not yet in force)

The Basel Ministerial Declaration on Environmentally Sound Management of Hazardous Wastes

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Definitions

Waste is hazardous if it exhibits the following characteristics:

– toxic, poisonous, explosive, corrosive, flammable, eco-toxic, and infectious, or if waste is considered hazardous by the national legislation of the Party of the Convention

Waste classification is provided for in Annex I and II of the Convention:

Annex I: wastes subject to control are classified into two general categories:

– 18 waste streams (clinical wastes, waste mineral oil, etc.)

– 27 wastes having as constituents certain enumerated substances (copper compounds, arsenic, organic cyanides, etc.).

Annex II: lists two categories of "other wastes” requiring special consideration - wastes collected from households and residues arising from incineration of household wastes.

Annex III: contains the hazard classes for the wastes listed in Annex I.

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Goal and objectives

Overall goal: To protect, by strict control, human health and

the environment against the adverse effects that may result

from the generation, transboundary movement and

management of hazardous and other wastes.

Further objectives:– to reduce trans-boundary movements of hazardous wastes to a minimum

– to dispose of these wastes as close as possible to where they are generated (proximity principle)

– to minimise their generation (prevention at source principle)

– to ensure their environmentally sound management

– to assist developing countries in environmentally sound management of hazardous and other wastes they generate

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Implementation actors

Conference of Parties: Main governing and decision-making body. Meetings are held every other year. COP-6 held in May 2002

Expanded Bureau: Provides general policy and general operational directions to the Secretariat between meetings of the COP

Working Group for the Implementation of the Basel Convention: Facilitates the implementation of the Convention and prepares work for consideration of the COP. Meets between the meetings of the COP

Technical Working Group (TWG): Prepares technical guidelines, develops criteria on hazard characteristics of hazardous wastes, provides guidance on technical matters to the COP

Legal Working Group (LWG): Studies the issues related to the establishment of a mechanism for monitoring the implementation of and compliance with the Convention, the establishment of an emergency fund, and prevention and monitoring of illegal traffic in hazardous wastes.

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Implementation actors (contd.)

The Secretariat: Cooperates with national authorities in developing national legislation, setting up inventories of hazardous wastes, strengthening national institutions, assessing the hazardous waste management situation, and preparing hazardous waste management plans and policy tools. Provides legal and technical advice to countries

The Committee on Partnership with industry: Will advise on the development of the strategy on co-operation with industry in priority waste streams

Actors on national and regional levels:

– Competent Authority: Designated by a Party, responsible for receiving the notifications of a transboundary movements of wastes

– The Focal Point: An entity responsible for receiving and transmitting information as required by the Convention to and from the COP

– Regional and Sub-Regional Training Centres: Provide guidance on technical and technological issues as well as advice on enforcement aspects of the Convention, encourage the introduction of cleaner production technologies and the use of

environmentally sound waste management practices.

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Compliance and enforcement mechanisms

Control the movement of hazardous waste

National reporting of hazardous wastes

Source of technical assistance Training and technology transfer Financial assistance:

– Trust Fund of the Basel Convention (BC), the Technical Co-operation Trust Fund (BD), the Basel Declaration Trust Fund

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Cleaner Production in the Basel Convention

The preamble:

“The most effective way of protecting human health and environment is the reduction of

their (hazardous wastes) generation to a minimum in terms of quantity and/or hazard

potential.”

Obligations (Article 4):

“ensure that the generation of hazardous wastes and other wastes is reduced to a minimum,

taking into account social, technological and economic aspects.”

International co-operation (Article 10) :

Co-operate in developing of environmentally sound technologies with a view to eliminating

the generation of wastes.

Capacity building:

The Secretariat is to assist Parties in waste minimisation efforts. (Article 16).

Regional Training Centres are to promote waste minimisation and cleaner production in developing countries (Article 14).

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Next step

“Our next step is not only to block the export of hazardous waste, but also to change the production forces that are linked with their generation because we have to consider that developing countries are also undergoing industrial growth and are themselves producing hazardous waste”.

UNEP Executive Director, Klaus Toepfer

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Cleaner Production: Renewed Attention

Basel Ministerial Declaration on Environmentally Sound Management (ESM) of Hazardous Wastes - 1999

– Reaffirms the prevention and minimisation of wastes generation, and the active promotion of the transfer and use of cleaner technologies as the Convention’s fundamental goals. It calls for:

– “elaboration of a concept and a programme for the environmentally sound management of hazardous and other wastes, with an emphasis on waste prevention and minimisation”

Draft Strategic Plan for the Basel Convention - 2001– New Mission Statement:– ‘to protect human health and the environmental from the harmful effects of hazardous

wastes by promoting the environmentally sound management of such wastes through effective partnership and awareness-rising”

– Vision:

The Basel Convention is leading in promoting the life cycle management approach for the environmentally sound management of hazardous wastes and their effective reduction in transboundary movements of hazardous wastes.

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Potential Activities for CP Centresto facilitate implementation of

the Stockholm Convention

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The Basel ConventionPriorities of the next decade

Partnerships to increase co-operation and strategic alliances

Environmentally sound management and active promotion and use of cleaner technologies and production methods

Further reduction of the movement of hazardous and other wastes

Prevention and monitoring of illegal traffic

Improvement of institutional and technical capabilities - through technology when appropriate - especially for developing countries and countries with economies in transition

Further development of regional and subregional centres for training and technology transfer

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Partnerships: Increased co-operation and strategic alliances

Cleaner Production practitioners can: promote UNEP Cleaner Production Declaration as a

way to strengthen commitments help create links from the Convention to private sector invite the Basel Convention implementation actors to

participate in the existing Cleaner Production partnerships

assist in creating multi-stakeholder dialogues

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Environmentally sound management (ESM)

“...taking of all practicable steps to ensure that hazardous wastes or 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.”

Key principles: Prevention and minimisation of generation of wastes Requires capacity building, policy reforms and promotion and use of

cleaner technologies and production methods. Priority waste streams:

– Used lead-acid batteries– used oils– metal wastes– pesticide wastes

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Capacity building and ESM

Cleaner Production practitioners can:– Promote existing relevant Cleaner Production guidelines and

manuals for tackling priority waste streams. Develop new materials tailored to the needs of the Convention

– Offer knowledge of the information sources on ESM for the relevant waste streams

– Conduct demonstration projects for ESM in your countries in the priority waste generating sectors

– Conduct training on ESM tailored to local conditions– Provide technical assistance services– Provide policy advice and lobby for Cleaner Production

policies and legislation in your country

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NCPC Technical Assistance: Case StudyLead-Acid Batteries in Central America and Caribbean

AIM – bridge the information gap that national authorities

and industry have for the recycling and management of used batteries regarding:

appropriate policy tools

use of economic instruments

national and regional approaches toward waste minimisation

use of technically sound and socially acceptable technologies and practices

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NCPC Technical Assistance: Case StudyLead-Acid Batteries in Central America and Caribbean

NCPC Activities (Bogota, San Jose, San Salvador, Mexico):

Plant assessments and field visits

Collection of information on annual scrap generation, scrap battery collection and recycling schemes and recycling facilities, as well as their environmental and occupational performance

Assessment of the requirements for implementing ESM, recommendations for waste prevention at national and sub-regional level

Conducting the regional workshops on battery recycling

Evaluation of technically sound, economically affordable and socially acceptable technologies in relation to the specific situation

Facilitation of the access to these technologies and providing continuous technical assistance to the involved enterprises

Identification of opportunities for regional co-operation, including public-private partnerships

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Regional Training Centres and NCPCs

RTCs focus on specific for the Convention services and operate on regional level

high potential for co-operation even though NCPCs and RTCs have different geographical and service scope

NCPCs can implement some of the RTC mandate on local level

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Regional Training Centres and NCPCs

High Potential for Cooperation between NCPCs and RTCs– Training courses, workshops, seminars, training the trainers on

ESM and minimisation of generation of hazardous wastes.– Collecting information new or proven environmentally sound

technologies and know-how on ESM and disseminating these info to the Parties of the Region; strengthening transfer mechanisms

– Developing financial strategies for the operation of centres

– Establishing and maintaining regular exchange of information and networking among the parties relevant to Basel Convention provisions

– Promoting case studies and pilot projects demonstrating best approaches, practices and methodologies for the environmentally sound management and minimisation of wastes

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Regional Training Centres and NCPCs

Medium Potential for Cooperation between NCPCs and RTCs– Scientific, technical and legal assistance to the

Parties on matters relevant to ESM or minimisation of wastes

– Gathering, assessing and disseminating data on hazardous wastes and other wastes to Parties of the Region and the Secretariat

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Explore opportunities

What are your country’s obligations under the Convention?

What are your nation’s priority waste streams and industry sectors?

What kind of expertise/services do you have to offer in regard to your country’s implementation priorities?

What kind of necessary expertise/services you can obtain from the NCPC network?

What kind of financial assistance can your country qualify for in order to implement projects under the Convention?

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Information sources

Basel Convention website: www.basel.int UNEP DTIE The Basel Convention Secretariat National focal points and designated

authorities in your country RTC in your region Ministry of Environment

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Develop action plan

Collect information Define competitive advantages

– experience of work in the priority sectors, existence of developed methodologies for addressing the priority waste streams, successful training initiatives, trust of the main industry actors,etc.

Organise meetings/seminars/workshops– co-ordinate with the Convention implementation bodies to exchange

information and experiences

Develop joint projects and training programs– relate to national priorities under the Convention

Explore funding opportunities – obtain financing