Ban Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Geneva, 22 September 1995

Entry into force: Not yet in force.

Please see article 17 (5) of the Convention which reads as follows: "Instruments of ratification, approval, formal confirmation or acceptance of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 [of article 17 of the Convention] shall enter into force between Parties having accepted them on the ninetieth day after the receipt by the Depositary of their instrument of ratification, approval, formal confirmation or acceptance by at least three-fourths of the Parties who accepted them or by at least two thirds of the Parties to the protocol concerned who accepted them, except as may otherwise be provided in such protocol. The amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval, formal confirmation or acceptance of the amendments.”

In accordance with paragraph 3 of Article 25 of the Basel Convention, applicable mutatis mutandis to amendments of the Convention, for the purpose of entry into force, any instrument deposited by a political and/or economic integration organization shall not be counted as additional to those deposited by member States of such organization. Accordingly, as a regional economic integration organization, ratification by the European Union does not count in addition to the ratifications by Member States of the Union for the purposes of entry into force of this instrument.

Total number of ratifications: 79

Text: Doc. UNEP/CHW.3/35

Note: By decision III/1, of 22 September 1995, the Third meeting of the Conference of the Contracting Parties to the above Convention, which took place in Geneva from 18 to 22 September 1995, adopted an Amendment to the Convention (including the adoption of Annex VII).

Participant Date *
Albania 27.10.2005 A
Andorra 23.07.99 A
Argentina 19.09.11
Austria 17.10.99 A
Bahrain 25.07.05
Belgium 20.06.03
Benin 22.01.14
Bolivia 31.03.05
Botswana 17.06.04 A
Brunei Darussalam 16.12.02 A
Bulgaria 15.02.00
Chile 12.08.09 A
China 01.05.01
Colombia 10.06.14
Cook Islands 29.06.04
Côte d'Ivoire 24.09.13
Cyprus 07.07.00 A
Czech Republic 28.02.00 A
Denmark 1 10.09.97 AA
Ecuador 06.03.98
Egypt 27.01.04
Estonia 02.08.01
Ethiopia 08.10.03
European Union 30.09.97 AA
Finland 05.09.96 A
France 18.11.03 AA
Gambia 07.03.01
Germany 24.05.02 A
Ghana 09.06.05
Greece 12.07.10 (a)
Guatemala  26.12.13 
Hungary 25.05.04 AA
Indonesia 24.10.05
Ireland 13.11.09
Italy 03.03.09
Jordan 06.12.04 AA
Kenya 09.09.09 A
Kuwait 12.05.06
Latvia 18.12.03 A
Lesotho  22.02.12 A
Liberia 16.09.05 A
Liechtenstein 20.05.03 A
Lithuania 07.11.03 A
Luxembourg 14.08.97
Malaysia 26.10.01
Malta 12.12.11 A
Mauritius 09.11.04
Monaco  20.03.13 AA 
Montenegro 2 22.11.06 d
Morocco 10.09.04 AA
Netherlands 22.01.01 A
Nigeria 24.05.04
Norway 16.07.97 A
Oman 17.05.04
Panama 07.10.98
Paraguay 28.08.98
Poland 29.01.03 A
Portugal 30.10.00
Qatar 28.02.02
Republic of Moldova 28.10.08 A
Romania 17.07.02 A
Saudi Arabia  10.01.2013 
Serbia 22.11.02 A
Slovakia 11.09.98 A
Slovenia 01.12.04
Spain 3, 4 07.08.97 A
Sri Lanka 29.01.99
St. Lucia 22.01.02
Sweden 10.09.97 A
Switzerland 07.11.02 A
Syrian Arab Republic 05.10.04
The Former Yugoslav Republic of Macedonia
18.11.04
Trinidad & Tobago 12.01.00
Tunisia 26.10.99
Turkey 27.08.03
United Kingdom of Great Britain and Northern Ireland 356  13.10.97
United Republic of Tanzania 26.08.02
Uruguay 10.03.99
 Zambia  27.07.11

(a) Accession; (A) Acceptance; (AA) Approval; (c) Formal confirmation; Ratification; (d) Succession

 

Declarations and Reservations

(Unless otherwise indicated, the declarations were made upon formal confirmation, ratification, acceptance, formal confirmation, approval or accession.)

Syrian Arab Republic

Declaration:

. . . that the accession of the Syrian Arab Republic to the Amendment and the Protocol shall not under any circumstances whatsoever signify recognition of Israel, nor shall it lead to entry therewith into any dealings that may be governed by the provisions of the said Amendment and Protocol.

 

Notes

  1. With a reservation for the application to the Faroe Islands and Greenland.
    Subsequently, on 15 April 1998, the Government of Denmark informed the Secretary-General of the following: “....the reservation for the application of the Amendment to Greenland is hereby lifted.”Only the information pertaining to the Convention as kept in the custody of the Secretary-General of the United Nations in his capacity as Depositary constitutes authentic information for the purposes of the Convention. 
  2. Please consult the website of the Depositary for authoritative information (http://untreaty.un.org/), the following is issued for information purposes only .
The National Assembly of the Republic of Montenegro adopted its Declaration of Independence on 3 June 2006, following the referendum in the Republic of Montenegro on 21 May 2006, which took place pursuant to Article 60 of the Constitutional Charter of Serbia and Montenegro. The Republic of Serbia continued the membership of Serbia and Montenegro in the United Nations, including all organs and organizations of the United Nations system, on the basis of Article 60 of the Constitutional Charter of Serbia and Montenegro, activated by the Declaration of Independence adopted by the National Assembly of Montenegro on 3 June 2006. Accordingly, by a letter dated 3 June 2006, the President of the Republic of Serbia notified the Secretary-General that "membership of the state union of Serbia and Montenegro is continued by the Republic of Serbia in the United Nations, including all organs and organizations of the United Nations system".
Subsequently, in a letter dated 16 June 2006, the Minister for Foreign Affairs of the Republic of Serbia informed the Secretary-General that "the Republic of Serbia continues to exercise its rights and honour its commitments deriving from international treaties concluded by Serbia and Montenegro. Therefore, the Ministry of Foreign Affairs requests that the Republic of Serbia be considered a party to all international agreements in force, instead of Serbia and Montenegro. Furthermore, the Government of the Republic of Serbia will perform the functions formerly performed by the Council of ministers of the state union of Serbia and Montenegro as depositary for the corresponding multilateral treaties." Moreover, in a letter dated 30 June 2006, the Minister for Foreign Affairs of the Republic of Serbia confirmed that "all treaty actions undertaken by Serbia and Montenegro will continue in force with respect to the Republic of Serbia with effect from 3 June 2006. Therefore, all declarations, reservations and notifications made by Serbia and Montenegro will be maintained by the Republic of Serbia until the Secretary-General, as depositary, is duly notified otherwise." 

3. On 11 April 2013, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General that: 

"… the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom’s ratification of the Convention as amended be extended to the territory of Gibraltar for whose international relations the United Kingdom is responsible. 

The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Convention as amended to Gibraltar to take effect on the ninetieth day after the date of deposit of this notification ..." 

4. On 1 November 2013, the Secretary-General received from the Government of Spain the following communication with regard to the Territorial Application by the United Kingdom of Great Britain and Northern Ireland to Gibraltar: 

    1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly. 
    2. The Gibraltarian authorities are local in character, and exercise competences exclusively over internal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory. 
    3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Convention shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs. 
    4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in the context of Mixed Agreements, which was agreed by Spain and the United Kingdom on 19 December 2007 (together with "Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties" of 19 April 2000) applies to the present Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel, 22 March 1989) and to the Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal(Geneva, 22 September 1995). 
    5. The implementation of the present Convention and the Amendment thereto in Gibraltar cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain.

5. On behalf of the United Kingdom of Great Britain and Northern Ireland and the British Antarctic Territory. 

Further, on 12 December 2001, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General that “the amendment shall extend to the Isle of Man for whose international relations the Government of the United Kingdom is responsible”.
On 27 November 2002: on behalf of the Bailiwick of Guernsey.
On 6 September 2006: on behalf of Akrotiri and Dhekelia.

6. On 14 September 2007, the Government of the United Kingdom of Great Britain and Northern Ireland informed the Secretary-General that it "wishes the United Kingdom's Ratification of the Amendment ... to be extended to Jersey for whose international relations the United Kingdom is responsible.
The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Amendment to the Convention ... to Jersey to take effect from the date of deposit of this notification , ... ."