Question: What is the date of entry into force of the Ban Amendment?
Answer: The date of entry into force of the Ban Amendment is 5 December 2019, ninety days after the required instruments expressing consent to be bound were deposited by Parties to the Convention and as confirmed in a notification communicated by the Depositary.
Question: Are all Parties bound by the Ban Amendment?
Answer: Following its entry into force on 5 December 2019, the Ban Amendment is binding on Parties to the Basel Convention that have expressed their consent to be bound by it.
For the list of such Parties, see here.
Question: How does entry into force of the Ban Amendment affect transboundary movements of wastes?
Answer: The Ban Amendment provides that each Party listed in Annex VII shall:
- prohibit all transboundary movements of hazardous wastes destined for disposal operations pursuant to Annex IV A of the Convention (so-called final disposal operations) to States not listed in the Annex VII
- prohibit transboundary movements of hazardous wastes pursuant to Article 1.1 (a) of the Convention destined for disposal operations pursuant to Annex IV B of the Convention (so-called recovery operations) to States not listed in the Annex VII.
Annex VII includes Parties and other States that are members of the Organization for Economic Cooperation and Development (OECD), EU (legal successor to the EC) and Liechtenstein.
If you refer to a transboundary movement involving for example an OECD member State that is not a Party to the Convention, or if it is a Party but it has not consented to be bound by the Ban Amendment, then that State would not have the obligation to prohibit the transboundary movements of hazardous wastes destined for disposal operations in States not listed in Annex VII in furtherance to the Ban Amendment.
The Ban Amendment on the other hand is not crafted from the standpoint of the State of import and does not expressly set out rights or obligations for such States. Non-Annex VII Parties however may have taken legal or other measures at the national level to implement the Convention and/or the Ban Amendment, which would impact on transboundary movements. For example, Parties have the right under paragraph 1 of Article 4 to prohibit the import of wastes for disposal. For information on such prohibitions, and more generally on restrictions or prohibitions notified or reported to the Secretariat by the Parties to the Convention, please see here.
Question: If a State wishes to ratify the Ban Amendment, what needs to be done?
Answer: Similarly to becoming a Party to the Convention, a state or political / economic integration organization that is a Party to the Convention must express its consent in order to be bound by the Ban Amendment. The Convention specifies the requirements and instruments for expressing consent to be bound by an amendment to the Convention (Article 17).
Please refer to the Procedures section of the website for information on the procedures for becoming a Party, which are similar to those to express consent to be bound by the Ban Amendment.
In addition, a State or political and/or economic integration organization may wish to take certain preliminary steps before depositing, with the Depositary, the instrument expressing its consent to be bound by the Amendment. These could include preparing analyses or collecting documentation for example.
Further advice and assistance to support Parties in their efforts to consent to be bound is available from the Secretariat (Email: yvonne.ewang@brsmeas.org).
Question: Is there a specific format to use to ratify or accept the Ban Amendment?
Answer: There is no mandated form for the instrument through which a state or political and/or economic integration organization may express its consent to be bound by the Amendment, as is also the case when becoming a Party to the Convention. The instrument, and any additional documentation required, would depend on the national legal and constitutional system of the State. Nonetheless, the instrument of ratification, acceptance, approval or accession must include the following:
- Title, date and place of conclusion of the amendment i.e. the amendment adopted by the third meeting of the Conference of the Parties to the Basel Convention on 22 September 1995 by its decision III/1;
- Full name and title of the person signing the instrument, i.e. the Head of State, Head of Government or Minister for Foreign Affairs, or any other person acting in such a position for the time being or with full powers for that purpose issued by one of these authorities;
- An unambiguous expression of the intent of the Government, on behalf of the State, to consider itself bound by the amendment and to undertake faithfully to observe and implement its provisions;
- Date and place where the instrument was issued; and
- Signature of the Head of State, Head of Government or Minister for Foreign Affairs (the official seal is not adequate), or of any other person acting in such a position for the time being or with full powers for that purpose issued by one of these authorities.
You may also wish to consult the models of instrument of ratification, acceptance, approval or accession prepared by the Depositary, which are available in the Treaty Handbook.
Please note that an instrument of ratification, acceptance, approval or formal confirmation becomes effective only when it is deposited with the Secretary-General of the United Nations at United Nations Headquarters in New York. The date of deposit is normally recorded as that on which the instrument is received. Please deliver any such instrument(s) to the Treaty Section of the OLA directly, to ensure the action is promptly processed.
Question: How can I find out whether the export /transit/ import of specific wastes is not allowed from / through / to my country?
Answer: You should contact the relevant Competent Authority. A competent authority is a governmental authority designated by a Party to the Basel Convention, within the geographical areas as the Party thinks fit, to receive notifications of transboundary movements of hazardous or other wastes, and any information related to it, and for responding to such notifications as provided for in Article 6. The Secretariat maintains a database under the Countries section of the Basel Convention website with contact details for designated country contacts transmitted by Parties, including Competent Authorities.
Question: What kind of assistance can my government receive to support the implementation of the Basel Convention and the Ban Amendment?
Answer: The Secretariat of the Basel Convention is available to provide support upon request to Parties experiencing difficulties with the ratification of the Ban Amendment, as well as with implementation of the Amendment and/or the Basel Convention itself.
This may be in various forms: provision of information and documents to stakeholders and decision makers; undertaking electronic and face to face activities (e.g. workshops and webinars) to support Parties in their efforts to facilitate the entry into force of the Ban Amendment; provision of legal and practical advice in relation to the process of ratification, approval, formal confirmation or acceptance of amendments; facilitating exchange of information and experiences between Parties; assessment methodology; support to develop a national hazardous waste plan or inventory etc.
Depending on the type of assistance necessary and the availability of funding, the Secretariat and/or Basel Convention regional and coordinating centres may be able to offer assistance tailored to specific needs of the requesting Party. The Secretariat will also make efforts to identify or provide advice about possible funding opportunities for the activities.
For further information, or to request advice and assistance, please contact the Secretariat (Email: yvonne.ewang@brsmeas.org).