Fourteenth meeting of the Basel Convention Implementation and Compliance Committee (ICC-14)

Online from 29 June to 3 July 2020 (part I), from 21 to 25 September 2020 (part II) and on 7 December 2020 (part III)

Venue: Online

Highlights: The fourteenth meeting of the Basel Convention Implementation and Compliance Committee (ICC-14) held its first part online from 29 June to 3 July 2020, and was followed by supplementary online sessions on 21-25 September 2020 and on 7 December 2020. Additional sessions will be considered by the Committee in February 2021, including the possibility of convening face-to-face sessions back-to-back with the twelfth meeting of the Open-ended Working Group or otherwise.

Due to the COVID-19 pandemic situation in Switzerland as well as globally, it was not feasible to organize ICC-14 as initially planned as a face-to-face meeting in Geneva, from 26 to 30 June 2020.

During its fourteenth meeting, the Committee considered 19 specific submissions, general issues of implementation and compliance, and its draft 2022-2023 work programme.

Summary of outcomes: ICC-14 part I (29 June-3 July 2020)

During the first part of its meeting, with respect to the specific submissions, the Committee continued its consideration of three existing submissions, including two by the Secretariat regarding difficulties with national reporting by Bhutan and Liberia, and one Party self-submission by Togo regarding difficulties with the development of legal frameworks implementing the Basel Convention. The Committee also considered for the first time 4 submissions by the Secretariat concerning possible difficulties with national reporting by Bahamas, Burkina Faso, Equatorial Guinea, Saint Vincent and the Grenadines and Sudan. The Committee adopted 8 decisions whereby it, among others: decided that the matters of concern regarding Bahamas and Bhutan had been resolved; approved compliance action plans submitted by Burkina Faso, Equatorial Guinea, Saint Vincent and the Grenadines and Sudan; and decided to continue to consider during its supplementary sessions the submission regarding Liberia and the submission by Togo.

Under its general review mandate, the Committee considered the activities of its work programme aimed at improving implementation and compliance with national reporting, the development of legal frameworks, the control system and preventing and combating illegal traffic. Regarding national reporting, the Committee considered the draft classification of Parties’ compliance performance with national reporting for the year 2016, and agreed on conclusions and recommendations to the Conference of the Parties with respect to: the integration of national reporting in the United Nations sustainable development cooperation frameworks, the activities of entities aimed at assisting Parties transmit national reports, and measures not included under paragraphs 20 (a) and (b) of the terms of reference. Regarding illegal traffic, the Committee undertook a scoping exercise and agreed on conclusions and recommendations to the Conference of the Parties. It also agreed on conclusions and recommendations to the Conference of the Parties with respect to improving national coordination, disseminating guidance and tools mechanisms, Parties’ measures to prevent and combat illegal traffic, and the Secretariat activities aimed at assisting Parties prevent and combat illegal traffic. The Committee further agreed on conclusions recommendations to the Conference of the Parties with respect to cooperative arrangements, including a range of proposal to strengthen ENFORCE. Regarding national legislation, the Committee took note of the information provided with respect to Parties’ activities to review or develop legislation implementing the Basel Convention, texts of national legislation and other measures, the activities of the Secretariat aimed at assisting Parties review or develop legislation implementing the Basel Convention; and it agreed on conclusions and recommendations to the Conference of the Parties with respect to the activities of other entities aimed at assisting Parties review or develop legislation implementing the Basel Convention, and how to improve implementation of and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention. Regarding the control system, the Committee took note of the information with respect to responses to questions 3 (g) and 3 (h) of the reporting format on transit transboundary movements. Due to the postponement of the OEWG-12, the Committee agreed to defer its consideration of the guidance on the implementation of paragraph 4 of Article 6 of the Convention on transit transboundary movements and the guidance on insurance, bond, guarantee.

Summary of outcomes: ICC-14 part II (21-25 September 2020)

During the second part of its meeting, with respect to the specific submissions, the Committee continued its consideration of three existing submissions, including one by the Secretariat regarding difficulties with national reporting by Liberia, and two Party self-submissions by Central African Republic and Togo regarding their difficulties with the development of legal frameworks implementing the Basel Convention. The Committee also considered for the first time 10 submissions by the Secretariat, including nine submissions concerning possible difficulties with national reporting by Chad, Cook Islands, Democratic People's Republic of Korea, Gabon, Mauritania, Nauru, Niger, Syria, Turkmenistan, and one submission concerning possible difficulties by Sao Tome and Principe with the designation of one or more competent authorities. Following its consideration of said submissions, the Committee adopted 13 decisions whereby it, among other things: decided that the matters of concern regarding Sao Tome and Principe had been resolved, invited Chad, Gabon, Niger and Turkmenistan to consider submitting a compliance action plan and a project proposal to the UNEP Special Programme on institutional strengthening; and decided to continue to consider during a supplementary session the submission regarding Liberia and the submission by Togo.

Under its general review mandate, the Committee considered all the remaining activities of its work programme. Among other things, the Committee finalized its classification of Parties’ compliance performance with their 2016 reporting obligation, and it as well as, , taking into account the outcome of its consultations with the OEWG-12 for consideration and possible adoption by the Conference of the Parties at its fifteenth meeting, the guidance on paragraph 11 of Article 6 of the Convention on insurance, bond and guarantee. The Committee also held a dialogue session with 8 multilateral environmental agreements with trade control provisions to learn from their experience in preventing and combating illegal trade/traffic in environmentally sensitive commodities.

The Committee suspended its fourteenth meeting on Friday 25 September, and will resume it for a one day session during the week of 7 December to consider: the submission regarding Liberia and the submission by Togo, the guidance on paragraph 4 of Article 6 of the Convention on transit transboundary movements, the Committee’s draft work programme for 2022-2023, a revised classification of Parties’ compliance performance with their 2017 reporting obligation, as well as the need to review existing guidance.

Summary of outcomes: ICC-14 part III (7 December 2020)

During the third part of its meeting, with respect to the specific submissions, the Committee continued its consideration of the two submissions regarding Liberia and from Togo.

Under its general review mandate, the Committee continued its consideration of the guidance on paragraph 4 of Article 6 of the Convention on transit transboundary movements, the Committee’s draft work programme for 2022-2023, a revised classification of Parties’ compliance performance with their 2017 reporting obligation, as well as the need to review existing guidance.

The Committee suspended its fourteenth meeting and entrusted its Chair to propose, in February 2021, whether and when the Committee could resume the meeting, including the possibility of convening face-to-face sessions back-to-back with the twelfth meeting of the Open-ended Working Group or otherwise.

Organizer: Secretariat of the Basel, Rotterdam and Stockholm Conventions

Working Language: English