Within the framework of its mandate to improve the implementation of and compliance with paragraph 11 of article 6 of the Convention, the Committee is to compile information on how parties are implementing this provision, including through national legislation, and consider the development of guidance on how to implement paragraph 11 of article 6 for consideration and possible adoption by the twelfth meeting of the Conference of the Parties.
Article 6 of the Convention pertains to transboundary movements of hazardous and other wastes among Parties to the Convention. This article sets out the conditions and procedures that must be complied with for such a movement to take place in accordance with the Convention. Paragraph 11 of Article 6 reads as follows:
“11. Any transboundary movement of hazardous wastes or other wastes shall be covered by insurance, bond or other guarantee as may be required by the State of import or any State of transit which is a Party.”
This activity of the work programme of the Committee was considered by the Committee during its tenth meeting (5-6 December 2013) on the basis of document UNEP/CHW/CC.10/10 at what time the Committee agreed to request the Secretariat, under the leadership of the Committee lead member and within available resources to, inter alia:
- develop a questionnaire with a view to collecting information on how parties are implementing paragraph 11 of Article 6, including challenges associated with this implementation and possible ways to overcome them;
- send the questionnaire to Parties, Basel Convention Regional Centres (BCRCs) and other relevant stakeholders;
- publish on the website of the Convention the responses received to the questionnaire;
- compile the information received and prepare a report that includes recommendations pertaining to the development of guidance on how to implement paragraph 11 of Article 6, for the consideration of the Committee during its eleventh meeting.
Accordingly, questionnaires were developed and sent to Parties, BCRCs and other organizations as well as other relevant stakeholders with an invitation to submit the completed questionnaires by 30 May 2014. The questionnaires and responses received are set out in the tables below.
The Committee considered the matter further during its eleventh meeting at what time it agreed to provide by 1 December 2014 comments on the draft manual on insurance and liability under development by the expert working group on environmentally sound management. The Committee also agreed to include in the proposed 2016-2017 work programme of the Committee that, taking into account developments on environmentally sound management during the twelfth meeting of the Conference of the Parties, it consider possible steps to improve the implementation of paragraph 11 of Article 6 of the Convention for consideration and possible adoption by the thirteenth meeting of the Conference of the Parties.
At its twelfth meeting, the Conference of the Parties decided to include further work on the matter in the Committee' work programme for 2016-2017 (Decision BC-12/7).