Convention text

Basel Convention & Basel Protocol on Liability and Compensation
Texts and Annexes

Arabic, Chinese, English, French, Russian, Spanish

Guidance Manuals

Benchmark report aimed at facilitating reporting under paragraph 3 of Article 13 of the Basel Convention - Examples reflecting Parties’ good practices
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Benchmark report aimed at facilitating reporting under paragraph 3 of Article 13 of the Basel Convention - Examples reflecting Parties’ good practices

Benchmark report aimed at facilitating reporting under paragraph 3 of Article 13 of the Basel Convention - Examples reflecting Parties’ good practices

The Benchmark report aimed at facilitating reporting under paragraph 3 of Article 13 of the Basel Convention - Examples reflecting Parties’ good practices provides concrete illustrations of what a national report can look like. Pursuant to the Basel Convention, each Party is to transmit to the Secretariat a national report each year. The national report sets out information from the Party in response to a set of questions determined by the Conference of the Parties. The information pertains to both legislative and institutional measures adopted by each Party pertaining to the implementation of the Convention as well as data resulting from the implementation of the Convention, for instance on waste generation, imports and exports, disposal facilities, and cases of illegal traffic. The Conference of the Parties has repeatedly stressed the importance of the transmission of this information, and mandated a range of activities to support the Parties in doing so, from the provision of technical assistance by the Secretariat, to the monitoring of compliance performance by Parties, to the development of guidance. The Benchmark report developed by the Implementation and Compliance Committee is one of the guidance documents Parties can turn to in case of doubt as to how to best formulate an answer to a question in the reporting format.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Guide for the development of national legal frameworks to implement the Basel Convention
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Guide for the development of national legal frameworks to implement the Basel Convention

Guide for the development of national legal frameworks to implement the Basel Convention

The Guide for the development of national legal frameworks to implement the Basel Convention is a comprehensive guidance document intended to help Parties ensure that they have in place adequate legal frameworks to fully implement the Convention. Parties to the Convention have the obligation, pursuant to paragraph 4 of Article 4 to the Convention to “take appropriate legal, administrative and other measures to implement and enforce the provisions of this Convention, including measures to prevent and punish conduct in contravention of the Convention.” Compliance with this requirement is a prerequisite for Parties to be in a position to implement all their obligations under the Convention, yet the work of the Implementation and Compliance Committee has evidenced that many Parties may fall short of doing so, thereby hindering the fulfillment of the Convention’s objectives. The guide developed by the Implementation and Compliance Committee is the primary guidance document Parties can turn to develop new legislation or to review existing legislation. It addresses both in detail the process for drafting legislation and the content of the legislative provisions, including by providing templates that can be used to transpose the Convention’s provisions in national legislation as well as actual examples of Parties’ legislation implementing individual provisions of the Convention.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Revised guidance document on improving national reporting by Parties to the Basel Convention
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Revised guidance document on improving national reporting by Parties to the Basel Convention

Revised guidance document on improving national reporting by Parties to the Basel Convention

The Revised guidance document on improving national reporting by Parties to the Basel Convention provides step-by-step guidance that Parties can follow to overcome challenges with the transmission of national reports. Pursuant to the Basel Convention, each Party is to transmit to the Secretariat a national report each year. The national report sets out information from the Party in response to a set of questions determined by the Conference of the Parties. The information pertains to both legislative and institutional measures adopted by each Party pertaining to the implementation of the Convention as well as data resulting from the implementation of the Convention, for instance on waste generation, imports and exports, disposal facilities, and cases of illegal traffic. The Conference of the Parties has repeatedly stressed the importance of the transmission of this information, and mandated a range of activities to support the Parties in doing so, from the provision of technical assistance by the Secretariat, to the monitoring of compliance performance by Parties, to the development of guidance. The Revised guidance document on improving national reporting developed by the Implementation and Compliance Committee is one of the guidance documents Parties can turn to. It provides information on the challenges Parties may face with the transmission of national reports as well as how to overcome these. It also provides concrete guidance on modalities to engage relevant entities from the public and private sectors that are the keepers of information to be reported.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Glossary of terms
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF

Glossary of terms

Glossary of terms

The main focus of the glossary of terms is to provide guidance for further legal clarity in relation to the distinction between wastes and non-wastes. This distinction has been a particular problem in relation to cross-border transports of used substances or objects intended for re-use. This glossary includes definitions of terms and further explanations, including in order to explain how certain terms relate to each other. The glossary of terms was adopted by the Conference of the Parties by its decision BC-13/2 in May 2017

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF
Guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (paragraphs 2, 3 and 4 of Article 9)
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (paragraphs 2, 3 and 4 of Article 9)

Guidance on the implementation of the Basel Convention provisions dealing with illegal traffic (paragraphs 2, 3 and 4 of Article 9)

This guidance document provides practical and workable guidance for all actors involved in the control of transboundary movements of the wastes subject to the Basel Convention: competent authorities, as well as the various entities involved directly or indirectly in the implementation and enforcement of the Convention (e.g. Customs, port authorities, environmental inspectors, police, prosecutors, judges). The guidance also aims at harmonizing the way Parties deal with illegal traffic as the result of conduct on the part of the exporter or generator (paragraph 2 of Article 9), the importer or disposer (paragraph 3 of Article 9), as well as with cases where the responsibility for the illegal traffic cannot be assigned either to the exporter or generator, or to the importer or disposer (paragraph 4 of Article 9).

It was developed by the Implementation and Compliance Committee with financial support from the EU and its member States as well as Japan, and adopted by the thirteenth meeting of the Conference of the Parties in May 2017 (decision BC-13/9).

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Methodological Guide for the development of inventories of hazardous wastes and other wastes under the Basel Convention
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF

Methodological Guide for the development of inventories of hazardous wastes and other wastes under the Basel Convention

Methodological Guide for the development of inventories of hazardous wastes and other wastes under the Basel Convention

The main objective of the guide is to assist Parties where no statistical data are collected for the purpose of fulfilling their reporting obligations under the Basel Convention, as regards national inventories of hazardous wastes and other wastes. The development of inventories will enable Parties to get information on the status of the generation, transboundary movements and management of hazardous wastes and other wastes in their country.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF
Guide to the Control System
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF

Guide to the Control System

Guide to the Control System

The Basel Convention establishes an internationally agreed binding mechanism to control transboundary movements of hazardous wastes and other wastes subject to the Convention. The Convention is required to be implemented into the national law of each party. This Guide has been prepared with a view to providing a user-friendly explanation of the Convention and its control system, and facilitating the implementation of that control system. It is intended for use by persons involved in the transboundary movement of hazardous wastes and other wastes, in particular waste generators, collectors, exporters, carriers, importers and disposers.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF

 

Manual for the Implementation of the Basel Convention
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF

Manual for the Implementation of the Basel Convention

Manual for the Implementation of the Basel Convention

The manual, including its checklist, is designed to assist Parties and potential Parties to understand the obligations set out in the Convention and how to implement them. It also explores how parties may exercise the discretionary powers afforded to them under the Convention. As an ancillary benefi, it will also assist other stakeholders, including civil society, the private sector, non-governmental organizations and individuals, to understand how the Convention works. In particular:

a. The manual takes the reader through provisions of the Convention article by article, and explain what parties need to do to implement the Convention;

b. The checklist (see annex I) provides a concise table listing obligations that parties must, or should, implement in their national legislation.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - Word Spanish: Download in Spanish - PDF

 

Interim Guidelines for the implementation of decision V/32 on "Enlargement of the scope of the technical cooperation trust fund"
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese:
Download in Chinese - PDF
Russian: Download in Russian - PDF
English:
Download in English - PDF
Spanish:
Download in Spanish - PDF

Interim Guidelines for the implementation of decision V/32 on "Enlargement of the scope of the technical cooperation trust fund"

Interim Guidelines for the implementation of decision V/32 on "Enlargement of the scope of the technical cooperation trust fund"
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese:
Download in Chinese - PDF
Russian: Download in Russian - PDF
English:
Download in English - PDF
Spanish:
Download in Spanish - PDF

Guidance Elements for Detection, Prevention and Control of Illegal Traffic in Hazardous Waste
Download
Arabic: Download in English - Word French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Guidance Elements for Detection, Prevention and Control of Illegal Traffic in Hazardous Waste

Guidance Elements for Detection, Prevention and Control of Illegal Traffic in Hazardous Waste
 In recognition of the importance of the role of national regulatory authorities in preventing illegal traffic, the Conference of the Parties adopted, by its decision VI/16 the “Guidance Elements for the Detection, Prevention and Control of Illegal Traffic in Hazardous Wastes”. 

These Guidance Elements are intended to provide a practical guide to assist enforcement of national laws implementing the Basel Convention. 

Download
Arabic: Download in English - Word French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Guidance document on the environmentally sound management of used and end-of-life mobile phones
Download
Arabic: Download in Arabic- PDF French: Download in French- PDF
Chinese: Download in Chinese- PDF Russian Download in Russian- PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Guidance document on the environmentally sound management of used and end-of-life mobile phones

Guidance document on the environmentally sound management of used and end-of-life mobile phones

The current publication provides information on how to manage used and end-of-life mobile phones from the time they are collected up to and including their refurbishment, material recovery and recycling. It has been prepared by the Mobile Phone Working Group and was adopted in its entirety by the tenth meeting of the Conference of the Parties to the Basel Convention, held in Cartagena, Colombia from 17 to 21 October 2011.

The publication provides general guidance pertaining to the environmentally sound management of used and end-of-life mobile phones that includes such considerations as awareness-raising on design considerations, collection, processing, refurbishment, material recovery and recycling. It also provides guidance on reducing or eliminating releases to the environment from waste disposal and treatment processes. It should be noted that each of these operations should employ best available techniques (BAT) and be in line with best environmental practise (BEP) so that releases of hazardous constituents are prevented or minimized.

Download
Arabic: Download in Arabic- PDF French: Download in French- PDF
Chinese: Download in Chinese- PDF Russian Download in Russian- PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Instruction manual on the prosecution of illegal traffic of hazardous wastes or other wastes
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Instruction manual on the prosecution of illegal traffic of hazardous wastes or other wastes

Instruction manual on the prosecution of illegal traffic of hazardous wastes or other wastes

The Basel Convention Instruction Manual on the Prosecution of Illegal Traffic of Hazardous Wastes or Other Wastes manual was developed on the basis of a mandate from the Conference of the Parties to the Basel Convention and it was adopted by the tenth meeting of the Conference of the Parties (Cartagena, Colombia, 17-21 October 2011). It is intended to provide guidance for those involved in the prosecution of cases of illegal traffic in hazardous and other wastes. Global in scope, it provides practical information that will be particularly relevant for judges and prosecutors in their role in preventing and combating illegal traffic in hazardous and other wastes. The manual seeks to draw upon best practices and provides examples taken from the experience of Parties to the Basel Convention in prosecuting illegal traffic cases.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF
Guidance Document on Improving National Reporting
Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

Guidance Document on Improving National Reporting

Guidance Document on Improving National Reporting

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.

Download
Arabic: Download in Arabic - PDF French: Download in French - PDF
Chinese: Download in Chinese - PDF Russian: Download in Russian - PDF
English: Download in English - PDF Spanish: Download in Spanish - PDF

 

Download
English: Download in English - Word

Implementation Manual of the Protocol

Nature of the Manual

This instruction Manual is a practical guide to implementation without any legally binding character. Nothing in this Instruction Manual should be construed as an agreement between the Parties regarding the interpretation of the protocol or the application of its provisions.

History of the Protocol

Article 12 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (the “Convention”) provides that “the Parties shall co-operate with a view to adopting, as soon as practicable, a protocol setting out appropriate rules and procedures in the field of liability and compensation for damage resulting from the transboundary movement and disposal of hazardous wastes and other wastes”.

The Conference of Plenipotentiaries that adopted the Convention, held in March 1989, established a working group to develop elements that might be included in a Protocol on Liability and Compensation. The first meeting of the Conference of the Parties to the Convention, held in December 1992, decided to establish an ad hoc working group to consider and develop a draft Protocol on Liability. In 1993, on the basis of the work produced by the working group, the Protocol negotiations began. On 10 December 1999, the Basel Protocol on Liability and Compensation for Damage resulting from Transboundary Movements of Hazardous Wastes and their Disposal (the “Protocol”) was adopted by the fifth meeting of the Conference of the Parties.

The Protocol is intended to respond to the concerns of developing countries about the lack of funds and technologies for coping with illegal dumping or accidental spills and its objective is to provide for a comprehensive regime for liability as well as adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes, including incidents occurring during illegal traffic in those wastes.

Key elements of the Protocol

The Protocol applies to damage due to an incident occurring during a transboundary movement of hazardous wastes and other wastes and their disposal, including illegal traffic, from the point where the wastes are loaded on the means of transport in an area under the national jurisdiction of a State of export until the time at which the notification of the completion of disposal of the wastes has occurred.

The exporter of waste is strictly liable for damage until the disposer has taken possession of the waste. Thereafter the disposer is strictly liable for damage.

A claim made pursuant to the Protocol must be brought within ten years from the date of the incident, or within five years from the date the claimant knew or ought reasonably to have known of the damage, provided that this is no more than ten years from the date of the incident.

Those who are strictly liable under the Protocol, i.e. exporters and disposers, have to establish insurance, bonds or other financial guarantees covering their liability.

Translating the Protocol into domestic law

The content of the Protocol will be applied by and enforced in domestic courts. Thus, it is essential that States fulfil their obligation, which is expressly provided in Article 10(1) of the Protocol, to make the necessary provision in their domestic legislative, regulatory and administrative regimes to implement the Protocol.

The way in which this provision is made will depend on the legal system of each State and, in particular, on the national law regulating the execution of international agreements, i.e. whether a dualist or monist system applies.

In a “monist” system, treaties may, without legislation, become part of domestic law once they have been concluded in accordance with the constitution and have entered into force for the State concerned. When legislation is not required, such treaties are described as “self-executing”. However, national constitutions may also require additional features for the execution of treaties such as approval of the parliament, publication in the official gazette, etc. Furthermore, depending on their nature and purpose, some treaties may require the promulgation of laws to be applied by national courts. According to the monist tradition, a self-executing treaty may override any inconsistent existing domestic legislation and, in some States, such a treaty may also override future laws that are inconsistent. However, where parliament is supreme, later legislation can override a self-executing treaty. Accordingly, under a “monist” approach, once the constitutional requirements have been met and it has entered into force for the State concerned, only very few (if any) of the Protocol’s provisions may require additional regulatory measures to be executed by domestic courts.

In a “dualist” system, the rights and obligations created by treaties have no effect in domestic law unless legislation is promulgated to give effect to them; ratification of a treaty is insufficient to give the treaty provisions effect in domestic law. When the legislation is in force, the rights and obligations contained in the treaty are incorporated into domestic law and are enforceable in the domestic courts. By the dualist tradition, the provisions of treaties, as contained in the implementing legislation, will have the same status as other domestic law provisions and can be amended or repealed by later legislation. Accordingly, where the dualist theory applies, all the provisions contained in the Protocol will need to be incorporated into the domestic law in order to be applied by domestic courts.

In most countries, guidance in respect of the relevant applicable rules can be obtained from the Ministry of Justice or the Ministry of Foreign Affairs.

Download
English: Download in English - Word

 

Download
English: Download in English - PDF French: Download in French - PDF

Preparation of National Health-Care Waste Management Plans in Sub-Saharan Countries

The management of health care waste is an issue that is being looked upon from both a public health and an environmental point of view. Such different perspectives may lead to gaps in visions and understanding, and even definitions. This document has been elaborated jointly by the World Health Organisation (WHO) and the Secretariat of the Basel Convention (SBC) to harmonize the different view-points, and develop a common approach for the preparation of national health care waste management plans, that address both the health and waste management dimensions. These guidelines have been reviewed by the Basel Convention Regional Centre for English speaking African countries, based in Pretoria, as well as the Basel Convention Regional Centre for French speaking African countries, based in Dakar.

The manual is the result of experience gathered over several years (2000-2004) in conducting technical assistance projects in a number of countries in the Sub-Saharan region. It aims at identifying appropriate practices for health care waste management by providing assessment and planning tools applicable in most sub-Saharan countries of Africa. The document is divided into four sections.

The first section contains fundamental information people involved in health care waste management at any level should be aware of; definitions, characterisation and classification of health care waste, associated risks and basic protective measures for employees, minimum observance that any health care facilities should comply with, key management principles, sound treatment and disposal technologies applicable to each category of waste.

The second section presents the actions that should be taken as a first step to assess the current situation before developing a national health care waste management plan. The relevance of such a plan and the implementation of realistic, practical and sustainable solutions, tuned to the needs of countries, depends on the accuracy of the initial assessment.

The third section provides guidance for the establishment of a national health care waste management plan. It describes how to develop plans according to specific objectives to be used by the planning officers of the central, regional and municipal Governments to improve all aspects of health care waste management. Complementary to the development of health care waste management through sets of specific objectives, a holistic approach is necessary to address efficiently all the specific aspects of such a plan.

Finally the fourth section provides guidance to develop a strategy to implement a health care waste management plan at national and regional levels. It is important and necessary, during the implementation phases, to reinforce the collaboration between the central, the regional and municipal authorities to improve the health care waste management practices and to find out pragmatic solutions for their sound disposal.

Download
English: Download in English - PDF French: Download in French - PDF

 

Page 1 of 2First   Previous   [1]  2  Next   Last