Within the framework of its mandate to improve the implementation of and compliance of the Basel Convention provisions on preventing and combating illegal traffic, the Committee is to develop, including through consultations with the Open-ended Working Group, guidance on the take-back provision under paragraph 2 of Article 9, and develop guidance on the implementation of paragraphs 3 and 4 of Article 9 of the Convention and integrate the two sets of guidance into one document, for consideration and possible adoption by the Conference of the Parties at its thirteenth meeting.
This activity of the 2016-2017 work programme of the Committee is a continuation of its work initiated under its 2012-2013 and 2014-2015 work programmes. The Conference of the Parties, at its twelfth meeting considered the guidance on the illegal traffic take-back provision (paragraph 2 of Article 9) submitted by the Committee and decided by its decision BC-12/7 to mandate the Committee to continue its work on the matter, as well as to extend the scope of the guidance to paragraphs 3 and 4 of Article 9.
In July 2015, the Committee sought views of Parties on their implementation of paragraphs 3 and 4 of Article 9 of the Convention through a questionnaire available in English, French and Spanish.
The responses received from Parties are set out in the table below.
The matter was further considered by the Committee during its twelfth meeting at what time the Committee requested the Secretariat to:
(a) Prepare by 15 August 2016 revised draft guidance taking into account the outcome of the consultations with the OEWG as well as the outcome of the Committee's consideration of the guidance during its twelfth meeting;
(b) Circulate the new draft guidance to Parties and others with an invitation to comment thereon by 10 September 2016;
(c) Prepare final draft guidance by 30 September 2016 taking into account comments received from Parties and others, for consideration by the Conference of the Parties at its thirteenth meeting.
In a letter dated 22 August 2016, the Secretariat invited Parties and others to comment by 10 September 2016 on the new draft guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (draft of 19 August 2016). The comments received are set out in the table below.
The draft guidance finalized by the Committee was submitted to the consideration of the Conference of the Parties during its thirteenth meeting in May 2017 at what time it was adopted with minor amendments by Decision BC-13/9. The text of the guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (paragraphs 2, 3 and 4 of Article 9), as adopted, in set out in the Annex to document UNEP/CHW.13/9/Add.1/Rev.1 available in Arabic, Chinese, English, French, Russian and Spanish.