This brochure presents a brief overview of the activities of the Implementation and Compliance Committee carried out during the period 2002 – 2011. It complements the brochure entitled “The Basel Convention Mechanism for Promoting Implementation and Compliance” published in 2006, which is intended to be a brief guide for Parties to explain the procedures of the Committee.

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The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is the most comprehensive global environmental agreement on hazardous wastes and other wastes. Among other matters, the Convention regulates transboundary movements (TBM) of hazardous wastes and other wastes. This leaflet presents an overview of the Basel Convention control system for the TBM of hazardous wastes and other wastes. It sets out the conditions, procedures and special rules for such TBM with the aim of facilitating the effective implementation of the Convention.

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The Basel Convention on the Control of Tranboundary Movements of Hazardous Wastes and their Disposal establishes a system of information exchange within, and between Parties through the Secretariat. The exchange of information is crucial to ensuring that Parties are equipped with the necessary information to allow them to make informed decisions on the transboundary movements and management of hazardous wastes.

To make this system work, the Convention requires Parties to designate official points of contact to ensure that information is communicated to the appropriate persons/officials. These official points of contact are referred to as “Competent Authority” and “Focal Point” depending on their functions. Both contact points play key roles to the effective implementation of the Basel Convention.

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The purpose of the guidance document is to provide a guide for countries that require assistance on Elements and means by which national reporting practices could be enhanced.  The guidance addresses, among other things, mechanisms for coordination amongst relevant governmental and relevant private sector entities or associations, procedures for collection and exchange of information, data collection techniques, as well as technical and human resources necessary to optimize the preparation of the annual national reports.

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This checklist is meant to be a tool for Parties to assist them in fully implementing their obligations under the Basel Convention.  Parties should always consult the provisions of the Convention in conjunction with the checklist as it is the text of the Convention which prevails.

The Checklist seeks to identify the most fundamental matters that should be addressed in national implementing legislation. It does not, however, address all matters that a legislator could choose to address in national legislation.   The Checklist is aimed at the legislator who will be drafting the national implementing legislation. Accordingly, it does not address the obligations on States Parties under the Basel Convention which would normally be implemented administratively, such as ensuring the availability of adequate disposal facilities for the environmentally sound management of waste, as these would not normally be addressed in domestic legislation.  However, it does address some obligations that could be implemented through legislation or administrative measures.  For example, it may be useful to ensure that exporters must have an office in the country in order to ensure that they will be subject to national law.

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In order to promote understanding of the mechanism for promoting the implementation of and compliance with the obligations set out under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Committee that is entrusted with administering that mechanism (“the Compliance Committee”) decided that it would prepare the present publication - a brief guide for Parties to explain, in clear terms, the procedures of the Committee.

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