Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal (hereinafter – Basel Convention or BC), agreed by the Contracting Parties on 22 March 1989 in Basel (Switzerland), had entered into force on 5 May 1992.
The Soviet Union had signed the Basel Convention on 23 March 1990 (New York, USA) what provide the adoption of a number of significant, including international, documents aimed at its implementation.
Thanks to the fact that as international so national legislation in the field of the environment protection in the past ten years is strenuously developing and improving, the accomplishment of the reviewing work of existing national and international legislation in the field of control of transboundary movement of hazardous wastes and its environmentally sound management at the time is highly actual.
The main objective of the Review of existing national and international legislation in the field of control of transboundary movement of hazardous wastes and its environmentally sound management (hereinafter – Review) is to ascertain to what extent the legislation in this field is developed in the CIS countries in the frameworks of the Basel Convention.
The general question that is about to be solved in this field consists of the way how to transform the acting legislation considering the liabilities under the Basel Convention as well as considering a number of national normative legal documents. This could be reached in two ways: either by establishment of a new separate law on transboundary movement of hazardous waste, or by adoption of amendments to relative chapter of existing basic laws on waste.
Role and value of BC in formation of international (world), European (in the framework of the European Union), regional (countries of Eastern Europe, the Caucasus and Central Asia in the limits of CIS countries) and national (CIS countries) legislation on production and consumption wastes
12 years after the declaration of the observation of the sustainable development principle at the UN Conference in Rio-de-Janeiro as the basic strategic direction of further global development, adoption of Agenda 21, and after the same period since entry in force of Basel Convention, it maybe stated that there is a significant progress in formation of international, regional and national legislation on transboundary movement of hazardous waste and their environmentally sound management.
In particular, the Basel Protocol on Liability and Compensation for Damage resulting from transboundary Movements of Hazardous Wastes and their Disposal (2000), and Guidelines of Organization of Economic Cooperation and Development (OECD) were adopted in the past period at the international level.
The achieved in this direction results were reflected in the reporting documents of Basel Convention Conference of Parties and sessions, BC Secretariat materials and reviews, UNEP Chemicals Division Secretariat, in the materials of 2002 Johannesburg meeting at the highest level "Rio+10", national documents of the States-Parties to BC.
Thus, in implementation of the decisions of Johannesburg meeting on change of unsustainable models of consumption and production an obvious convergence of interests of three main conventions in the field of chemical safety is outlined: BC, the Stockholm Convention on Persistent Organic Pollutants (Stockholm, Sweden, 22.05.2001) and the Rotterdam Convention on the Prior Informed Consent procedure for Certain Hazardous Chemicals and Pesticides in International Trade (Rotterdam, The Netherlands, 10.09.1998). The regional workshops on the issues of coordinated implementation of the above conventions were convened in many countries. The document named as "Regulation of hazardous chemicals and waste: guidelines for coordinated implementation of Basel, Rotterdam and Stockholm conventions at the national level" was issued by Geneva Econet, on the initiative of the Secretariat of the Basel Convention (BCS), with financial support of Swiss Agency for the Environment, Forests and Landscapes.
A significant progression in formation of the legislation in the field of waste management is achieved in the European Union (EU). During the past period, in particular, the following documents were adopted the Directive 75/442/ЕЕС of 15 July 1975 "On Waste" (with amendments, put in force on 1 April 1993, Articles 1-12 were changed with Articles 1-18 of the Council Directive №91/156/ЕЕС of 18 March 1991, to which a number of additions was entered), as well as the Directive 91/689/ЕЕС of 12 December 1991 on hazardous waste management and the Directive 1999/31/ЕС of 26 April 1999 on landfills for waste burial. Very valuable for the activization of formation process of EU countries national legislation are the Ministerial Conferences on the environment and human health protection, which are regular: Frankfurt, 1989, Helsinki, 1994, London, 1999, Budapest, 2004 etc.
Considering the fact that the USSR had signed the Basel Convention in 1990, the states of the post-Soviet space also actively joined the process of accession to BC and formation of national legislation in the field of waste management. So, in 1992 the Inter-Parliament Assembly of CIS states adopted the basic document "On principles of ecological safety in the states of the Commonwealth". On 23 December 1993 in Ashgabad the Agreement on Interstate Movement of hazardous and categorized cargoes was signed between the governments of all states that are CIS members. In 1996 the Agreement of the CIS States on Control of Transboundary Movement of Hazardous and Other Waste in the framework of the Customs Union was signed. In June of 2000 at the Subregional (of CIS states) Meeting on Hazardous Waste Management and Their Transboundary Movement Control (Omsk, Russian Federation) the decision was made on the necessity of establishment and improvement of national systems of hazardous waste management with regard to their production decrease, elaboration of environmentally sound methods of their destruction, utilization and transboundary movement. The materials of Kiev Ministerial Meeting on the Environment in 2003, devoted, in particular, to the issues of environmentally sound information exchange in a transboundary aspect, also had stressed the necessity of imperfection of interstate nature protection normative-legal base.
Formation of environmental legislation in CIS countries by now was going according to similar scenarios, basic principles of construction and mechanisms of this block laws realization are enough corresponding between each other, technical toolkit is tightly connected. The differences are stipulated first of all by specific features of industrial and economical development of the states, stocks of accumulated and newly appeared waste, transboundary problems in the field of waste management.
In a majority of CIS countries the legislation related to BC is based on the Model Law "On Production and Consumption Waste", adopted by the Decision of Inter-Parliament Assembly of the member-states of the Commonwealth of Independent States on 15 June 1998 №11-9, and acts of the governments adopted in the aim of its realization.
In those countries, which did not adopt any law on waste, regulation of the relationship in the field of hazardous waste management is carrying out on the basis of the provisions of individual norms of different legislative and other normative legal acts of environmental legislation, such as law on the environment protection, decisions of the governments on order and rules of hazardous waste transportation, on fees for the environment pollution, on waste placement. Experience exchange on formation of national legislation is carrying out during the seminars that are organized by the Basel Convention Regional Center in the Russian Federation for CIS states (BCRC RF).
Tasks and objectives of preparation of the Review of Existing National and International Legislation in the Field of Monitoring and Control of Transboundary Movement of Hazardous Wastes and Their Environmentally Sound Management
It should be expected that the Review will assist in finding out the gaps in the acting legislation of CIS countries, what will significantly simplify the task of its imperfection and harmonization, improve coordination of efforts in the field of control of transboundary movement of hazardous waste and their environmentally sound management.
The Review materials are intended at the provision of possibility of obtaining the report on regulated legal information aimed at optimization of development and harmonization of national legislation of CIS countries by decision-making specialists and persons in the field of hazardous waste management.
Collection and exchange of information on development and improvement of CIS countries legislation connected with the Basel Convention implementation have to become a constant process, which in its turn should led to creation of a data-base available for all member-states.
The preparation of the Review will contribute to implementation of the Strategic Implementation Plan of the Basel Convention in accordance with Chapter V, Section 8 (pp. e, h, i).
Methods of organization and implementation of work on the Review compilation
Before the work on the Review Compilation the selection of experts and consultants on CIS countries legislation in the mentioned field and terms of reference preparation had took place. The experts were designated by the governmental authorities of CIS countries especially for the development of the Review. The Basel Convention National Focal Points of CIS states were attracted for the work. Two expert meetings were convened – the starting at the beginning step of the work in April 2004 in Moscow and anticipated the final step of work on Review in September 2004 in Minsk. BCRC RF had also performed the permanent control, submission of necessary information, translation of some national texts into Russian language and acted as the connector between the experts during the whole period of the Review preparation.
The Review drawing up works were organized and implemented by BCRC RF in correspondence with UNEP/BCS requirements.
The format and content of the Review were defined at the initial step, the problems of notional apparatus use, criteria elaboration, according to which it would be possible to confront the CIS countries national legislation in the field of transboundary movement of hazardous waste and their environmentally sound management were discussed. As the information sources the official publications of the states as well as electronic reference legal systems "Garant", "Consultant Plus", "Codex" and others, data from which if it was necessary was checked through the official publications, were used.
After the discussion of administrative, technical and organizational issues the work-plan for the Review preparation and its further dissemination between the CIS countries focal points and BCS for comments was drew up, the duties between the experts within the Review development process were arranged.
Despite that the Republic of Tajikistan did not signed the Basel Convention, the meeting participants supported the inclusion of existing information on relative legislation of this country into the Review proposed by the BCRC RF. It was necessary to take into account that some CIS countries have "transparent" borders with the Republic of Tajikistan and therefore the possibility of transboundary movement of hazardous waste including illegal. Besides, involving of the Republic of Tajikistan in the Review preparation process, as well as participation of this country expert in the work of the meeting on the draft Review discussion in Minsk, Republic of Belarus, could accelerate the adoption of the decision of the Republic of Tajikistan Government on accession to Basel Convention.
By the time of the initial meeting BCRC RF had received the texts (only lists from a number of states) of adopted in the countries legislative and other normative legal acts elated to issues of legal regulating of transboundary movement of hazardous waste and their environmentally sound management.
At the same time the first difficulties of the Review preparation and possible ways to solve them were find out. Thus, for example, some of CIS countries do not have the texts of legal documents in Russian and English language, e.g. Azerbaijan, Armenia, Georgia, Ukraine. During the period of the Review preparation many of the CIS countries were reorganizing their executive power authorities, including environmental, as well as they were changing country experts.
Within the discussion of the contents and format of the Review, as well as information collection criteria, experts had concluded that it is necessary to confront the basic notions and definitions used in legislation.
Besides, it was decided to analyze only those national legislative and other normative legal acts in the field of the environment protection, which are directly connected with the subject of the Review. At the same time, it is necessary to review the provisions of individual legal norms related to regulation of control of transboundary movement of hazardous waste and their environmentally sound management among existing normative legal acts in the legislation of those countries, which did not adopt specific laws on waste management.
It was found expedient during the development of the document to review international (global), European (in the framework of the European Union), regional (countries of Eastern Europe, the Caucasus and Central Asia in the limits of CIS countries – hereinafter EECCA countries) and national (CIS countries) legislation on production and consumption waste.
To analyze the international legislation BCRC RF applied to BCS with request on provision of recommendations on necessary list of international normative-legal acts (NLA) in the field of hazardous chemicals and waste regulation. The list was provided by BCS.
Simultaneously it was planned to analyze legal norms of national legislation of the CIS countries in the field of transboundary movement of hazardous waste and their environmentally sound management both in comparing with relative requirements of Basel Convention, and in confronting with basic requirements of European and regional legislation in the field of transboundary movement of hazardous waste.
When discussing technical and organizational matters it was decided to distribute the duties between experts from countries of the region as below.
Countries designated experts will present to BCRC RF texts of adopted laws, regulations and other normative legal acts related to field of action of the Basel Convention. Concerning the countries, which did not adopt legislation on the Basel Convention, experts will present texts of sections from another normative and legislative documents related to other kinds of environmental activity connected with waste management. It was necessary for experts to indicate difficulties in the development of national legislation in the field of Basel Convention, and to define what kind of assistance is required to run them; gaps and shortcomings in existing national legislation, proposals on development of interstate cooperation aimed at Basel Convention implementation in the region.
Besides, it was decided that:
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Expert from the Republic of Belarus – will prepare the review of national legislation of Azerbaijan Republic, the Republic of Armenia and the Republic of Belarus;
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Expert from Kyrgyz Republic – will prepare the review of national legislation of the Republic of Kazakhstan, Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan, and the Republic of Uzbekistan;
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Expert from the Russian Federation – will prepare the review of national legislation of the Russian Federation;
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Expert from Ukraine – will prepare the review of national legislation of Georgia, the Republic of Moldova and Ukraine;
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Expert form the Republic of Belarus was also committed to elaborate criteria on legislation assessment using OECD and Basel Convention Guidelines.
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Expert from the Russian Federation – to analyze the terminology of legislation on subject of the Review, accenting the attention on basic notions and definitions, composition of the Review after receiving of the Review sections from other experts, its primary editing.
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Expert from Ukraine – to compare the requirements of international legislation in the field of monitoring and control of transboundary movement of hazardous waste and their environmentally sound management adopted in EU, and Basel Convention requirements.
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BCRC RF – general management, assistance to experts in collection transfer of information from CIS countries and BCS, organization and holding of expert meetings, reporting, final editing and designing of the Review text, agreement with CIS countries and BCS, translation into English language.
Requirements to experts and terms of reference for the Review preparation for each country-participant (minimum role and responsibility) were defined as follows – in accordance with the elaborated criteria as it was decide at the first expert meeting each expert:
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Collect and analyze acting national legislation of fixed at him country (s) of CIS in the field of transboundary movement of hazardous wastes and their environmentally sound management;
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Undercover existing gaps in legislation and consult with national competent authority in order to determine priorities on its liquidation;
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Participate in expert meetings;
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Present to BCRC RF to review draft of corresponding section of the Review on national legislation in Russian language; the draft section should contain the description of existing legislation (if any) and priorities in the field of development and adoption of national legislation accounting the existing documents and information significant in context of the Basel Convention, as well as taking into consideration comments of the first expert meeting.
The structure of the Review, developed by BCCRC RF, was adopted.
During the preparation of the Review of existing national legislation in the field of transboundary movement of hazardous waste and their environmentally sound management in CIS countries the criteria were developed in order to achieve unity of approach to assessment of national legislation.
These criteria were developed with consideration of the requirements of the Basel Convention and National Model Law on Control of Transboundary Movement of Hazardous Waste and Their Disposal, approved at the 2nd Conference of Parties to the Basel Convention (Decision II/5), revised at he 3rd meeting of Conference of Parties (Decision III/6) and recommended to Parties of the Basel Convention for guidance in bringing in line with the Convention provisions (hereinafter the National Model Law).
CIS countries experts compiled the tables on assessment of national legislation in countries.
In tables "Definitions" the least are included as they are in the legal documents without analysis. In some occasions national NLA contain extended interpretation comparing with BC. In definitions column "competent authority" and "focal point" the names of country organizations are listed, corresponding to these definitions, relatively.
Moreover, individually for each country the lists of NLA were compiled (their names, number, adoption date, official source of publication), related to the present Review. The following was examined: national law on waste, decisions/orders (of legal character) of the government, adopted for the development of the law. However some criteria were used to review another normative legal acts, for example administrative and criminal codices (illegal traffic), customs codex. Tables are added with notes and remarks.
The main part of the Review consists of two big sections.
The first section, related to the review of international legislation in the field of transboundary movement of hazardous waste and their environmentally sound management, includes 4 sub-sections.
The international documents that regulate relations in this field adopted before the entry in force of the Basel Convention, including Directive 75/442/ЕЕС of 15 July 1975 "On Waste", also considering those, on which BC is basing, are reviewing in the beginning.
Then, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements of Hazardous Wastes and Their Disposal are reviewing.
Further the review of international documents concerning legislation on hazardous and other waste except radioactive, published after signing of the Basel Convention, including Directive 91/689/ЕЕС of 12 December 1991 on hazardous waste management and Directive 1999/31/ЕС of 26 April 1999 on waste landfills is presenting.
And, at least, in a chronological sequence the CIS countries documents are reviewing (on accession to BC, ratification of BC, multilateral and bilateral agreements, CIS countries agreements, Model Law "On Production and Consumption Waste"), regarding legislation on hazardous and other except radioactive.
This section includes extracts from international acts on its subject, including EC Directives, normative legal acts of CIS member-states.
The section also include a summary table of definitions of the Basel Convention, National Model Law in edition, fixed by the Decision III/6, Agreement on Control of Transboundary Movement of Hazardous and Other Waste (12 April 1996, Moscow, Russian Federation) and Model Law "On Production and Consumption Waste" adopted at Eleventh Plenary Meeting of Inter-Parliament Assembly of CIS member-states (Resolution № 11-9 of 15 June 1998).
The survey characteristic of the state of national legislation of each CIS country on the Review subject is presented in the Second section. Besides the textual part the section contains the list of legislative and other normative legal acts (for the Russian Federation the list includes also acts of recommendation character and technical acts adopted by interested federal bodies of executive power) and bridge tables of basic provisions of legal norms that are containing in the National Model Law on Control for Transboundary Movement of Hazardous Waste and Their Disposal, adopted at the 2nd Meeting of the Conference of Parties to BC (Decision II/5), revised at the 3rd Meeting of the Conference of Parties to BC (Decision III/6) (hereinafter – National Model Law), selected as criteria for comparison, and corresponding norms, that are containing in national basic and some other laws, as well as in other normative legal acts that regulate relations in the field of production and consumption waste management.
The material on national legislation is joined into three subsections, relative to three regions of the territory of CIS – Eastern Europe countries (the Republic of Belarus, the Republic of Moldova, the Russian Federation and Ukraine), Caucasus region countries (Azerbaijan Republic, the Republic of Armenia and Georgia) and Central Asia countries (the Republic of Kazakhstan, Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan).
This section also contains summary tables of basic definitions, terms and notions as for EECCA countries and regions related to national legislation of CIS member-states in the field of hazardous and other waste management except radioactive.
Project documents: