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Notification of National Definition
of Hazardous Wastes and changes in Definition
Article 3, paragraph (1)
of the Convention obliges Parties to inform the Secretariat of the
Convention, within six months of becoming a Party to the Convention, of
wastes other than those listed in Annexes I and II which are considered
or defined as hazardous under its national legislation.
Furthermore, Article 3, paragraph
(2) obliges the Parties to inform the Secretariat of any subsequent
changes made to the information provided under Article 3, paragraph
(1) on National Definition of Hazardous Wastes, and such information must
be transmitted to the Secretariat in line with the provisions in Article
13, paragraph (2) (b) of the Convention.
A Party that wishes such wastes to
be governed by the obligations and procedures for the transboundary
movements of wastes provided under the Convention, such as, for example,
the prior informed consent (PIC) procedure (article 4, paragraph 1 (c)),
must send a specific notification that indicates that it is made under
articles 3 and/or 13, paragraph 2 (b), to the Secretariat for transmittal
to all Parties. Once such a communication has been received by the Secretariat,
the obligations under, article 4, paragraph 1 (b), as well as those under
other provisions, shall apply. However, information transmitted to the
Secretariat under article 13, paragraph 3, the annual reporting requirement,
cannot to be regarded as notifications under article 3 or under article
13, paragraph 2 (c).
The
decision adopted by the Conference of the Parties at its ninth meeting, further requests Parties that have
not yet provided the Secretariat with this information, under article 3
of the Convention to do so as soon as possible and also report any subsequent
significant change through the standardized reporting format, while specifically
making reference to the relevant provisions of the Convention to avoid
ambiguity.
Forms for reporting pursuant to article
3: Format adopted by the Conference of the Parties, at its Seventh meeting
(Decision VII/33), for reporting pursuant to article 3, can be accessed
in Arabic, Chinese, English, French, Russian and Spanish.
Notification
of Decision to Prohibit the Import of Hazardous or other Wastes
Article
4, paragraph (1) of the Convention provides that Parties exercising
their right to prohibit the import of hazardous wastes or other wastes
for disposal shall inform the other Parties of their decision pursuant
to Article 13. Article 13, paragraph (2) (c) obliges the Parties to
inform each other through the Secretariat of a decision made by them not
to consent (totally or partially) to imports of hazardous or other wastes
for disposal within the area under their national jurisdiction.
Communications
received under article 13, paragraph 2 (c), relate to hazardous and
other wastes in respect of which a Party wishes to impose a total or partial
import prohibition, as is each Party’s right as recognized under article
4, paragraph 1 (a). Such communications may relate to wastes included in
Annex I and II, as well as those brought into the scope of the Convention
by an article 3 notification (see the previous paragraph above). Where
a Party wishes to impose a total or partial import prohibition, a notification
indicating that is transmitted pursuant to article 13, paragraph 2 (c),
must be sent to the Secretariat for transmittal to all Parties. Once such
a communication has been received by the Secretariat, the obligations under,
article 4, paragraph 1 (b), as well as those under other provisions, shall
apply.
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