Work programme (2022–2023)

1. National reporting

Improve timely and complete national reporting under paragraph 3 of Article 13 of the Convention

(a) Classify and, as appropriate, publish information on Parties’ compliance with their annual national reporting obligations for 2018 and 2019 based on the assumptions, criteria and categories adopted by the Conference of the Parties at its thirteenth meeting[1] and the targets adopted by the Conference of the Parties at its fifteenth meeting[2];

(b) Develop recommendations on the revision of the targets referred to in paragraph 10 of decision BC-15/17 for the reports due for 2020 and subsequent years;

(c) In cooperation, as appropriate, with the Compliance Committee of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, monitor United Nations Sustainable Development Cooperation Framework processes with a view to assessing the extent to which Parties with national reporting needs are including actions to address them in their Cooperation Framework, identifying best practices and, on the basis of the assessment, developing recommendations for the consideration of Conference of the Parties;

(d) Establish a dialogue with the Basel Convention regional and coordinating centres, the Executive Board of the Special Programme to support institutional strengthening at the national level for implementation of the Basel, Rotterdam and Stockholm conventions, the Minamata Convention and the Strategic Approach to International Chemicals Management, the United Nations Environment Programme (UNEP) and other entities such as the Food and Agriculture Organization of the United Nations (FAO), the Global Environment Facility (GEF), the United Nations Development Programme (UNDP), the United Nations Industrial Development Organization (UNIDO), the World Bank and regional development banks on their activities aimed at supporting Parties in the implementation of their obligation to transmit national reports, and develop recommendations for consideration by the Conference of the Parties;

(e) Consider elaborating and further assessing measures not included under paragraphs 20 (a) and (b) of the terms of reference of the Committee that may be required when a Party has not submitted its national report for two or more years since the report due in 2016, and to report to the Conference of the Parties at its sixteenth meeting.

Prevent and combat illegal traffic

(a) Review the information provided in table 9 of the national reports transmitted for the years 2018 and 2019 with a view to estimating: (i) how many cases of illegal traffic there were; (ii) with respect to which wastes; (iii) in which regions; and (iv) how they were resolved; and make recommendations based on the outcome of the review;

(b) Review table 9 of the national reporting format to ascertain whether it would benefit from adjustments to facilitate access to and analysis of the information transmitted by Parties about cases of illegal traffic;

(c) Identify discrepancies in the information reported by Parties on cases that could constitute illegal traffic and make recommendations based on the outcome of the review;

(d) Review the form for reporting confirmed cases of illegal traffic to ascertain whether it would benefit from adjustments and make recommendations based on the outcome of the review;[3]

(e) Consider whether a review of the information provided in tables 5 and 6 of the national reports for the years 2018 and 2019 could help identify discrepancies in the information reported by Parties that may constitute cases of illegal traffic and make recommendations accordingly.

National coordination mechanisms

(a) Monitor activities undertaken by the Secretariat, the Basel Convention regional and coordinating centres, the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL), the International Criminal Police Organization (INTERPOL), UNEP, the United Nations Office on Drugs and Crime (UNODC), the World Customs Organization (WCO) and other entities that are aimed at assisting Parties in enhancing coordination between their competent authorities and enforcement entities and make recommendations based on the outcome of the monitoring;

(b) Monitor activities undertaken by Parties to enhance coordination and increase the flow of information between their competent authorities and enforcement entities, and between themselves and the Secretariat;

(c) Develop recommendations to improve implementation of and compliance with Article 9 of the Convention.

Responses to question 1 (c) of the reporting format

(a) Review the texts of national legislation and other measures adopted by Parties to implement and enforce the Convention and their responses to question 1 (c) of the national reports for 2019 and, using the legislator’s checklist,[4] classify Parties’ compliance performance in relation to the obligations set out in Article 9 of the Convention;

(b) Identify best practices and case studies relating to the enforcement of legislation and punishment of illegal traffic and consider how to assess whether Parties’ current efforts are on target to achieve best practice.

Dialogue

Establish a dialogue and coordinate with the Basel Convention regional and coordinating centres, relevant international organizations and compliance bodies of other multilateral environmental agreements on their activities aimed at supporting Parties in preventing and combating illegal traffic and develop recommendations for consideration by the Conference of the Parties.

Cooperative arrangements including the Environmental Network for Optimizing Regulatory Compliance on Illegal Traffic (ENFORCE)

Maintain under review the activities of ENFORCE, particularly any developments that stem from any of the recommendations made by the Committee to the Conference of the Parties, subject to their adoption, and consider, at the next Committee meeting whether the arrangements pertaining to ENFORCE need to be strengthened further.

Dissemination of guidance and tools

Monitor activities undertaken by Parties, the Secretariat, the Basel Convention regional and coordinating centres, IMPEL, INTERPOL, UNEP, UNODC, WCO and other entities aimed at disseminating guidance and tools developed under the Convention that aim to prevent and combat illegal traffic.

3. National legislation

Improve implementation of and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention

(a) Invite Parties to undertake a self-review of their legislation for implementing the Convention, using the legislator’s checklist[3], and to consider general trends;

(b) Monitor progress achieved by Parties in transmitting to the Secretariat texts of national legislation and other measures adopted by them to implement and enforce the Convention;

(d) Monitor activities undertaken by or with the support of the Basel Convention regional and coordinating centres, UNEP and other entities aimed at assisting Parties in developing legal frameworks for the implementation of the Basel Convention;

(e) Develop recommendations on how to improve implementation of and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention;

(f) When undertaking the activities listed in subparagraphs (a) to (e) above, give adequate consideration to improving the implementation of and compliance with paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention with respect to the amendments pursuant to decision BC III/1 (Ban Amendment) and decision BC-14/12 (plastic wastes amendments);

(g) Establish a dialogue and coordinate with the Basel Convention regional and coordinating centres, the Executive Board of the Special Programme to support institutional strengthening at the national level for implementation of the Basel, Rotterdam and Stockholm Conventions, the Minamata Convention and the Strategic Approach to International Chemicals Management, UNEP and other entities, such as FAO, GEF, UNDP, UNIDO, the World Bank and regional development banks, on their activities aimed at supporting Parties in performing their obligations related to the development of legal frameworks to implement and enforce the Convention, and develop recommendations for consideration by the Conference of the Parties; 

(h) Review, subject to the availability of resources and according to the priorities established by the Conference of the Parties for the given biennium, Parties’ implementation of the Convention in national law, starting with Parties that have not yet provided information to the Secretariat as to whether they have national legislation implementing the Convention[5], for consideration by the Conference of the Parties at its sixteenth and subsequent meetings.[6]

4. Review and updating

Generally, improve the implementation of and compliance with the Convention.

(a) Regularly review the guidance developed by the Committee on the basis of periodic feedback from users and suggestions from stakeholders and in the light of decisions adopted by the Conference of the Parties, and make recommendations to the Conference of the Parties on the updating of the guidance;

(b) Update, on behalf of the Conference of the Parties and subject to the availability of resources, the Guide to the Control System and the Manual for the Implementation of the Basel Convention by including, as relevant, references to Article 4A of the Convention, the plastic wastes amendments, the glossary of terms and technical guidelines and new guidance adopted since the twelfth meeting of the Conference of the Parties.

5. Review and updating

Improve the implementation of and compliance with Article 5 of the Convention

Review Parties’ implementation of and compliance with the obligation to designate competent authorities and a focal point pursuant to Article 5, including any common difficulties or issues being faced by Parties with respect to the obligation to inform the Secretariat, within one month of the date of decision, of any changes made by them to the designation of such country contacts, and make recommendations to the Conference of the Parties.

6. Enhanced coordination with the Compliance Committee of the Rotterdam Convention 

Explore the possibilities for enhancing coordination with the Compliance Committee of the Rotterdam Convention to facilitate compliance through, for example, the provision of joint secretariat support for the committees, facilitation of the exchange of information between the committees, including reports on the outcomes of each other’s meetings, attendance by each chair at the meetings of the other committee and the appointment of committee members who have experience of the other compliance mechanism, and make recommendations to the Conference of the Parties. 

7. Integration in United Nations Sustainable Development Cooperation Frameworks 

Provide guidance, for consideration by the Conference of the Parties at its sixteenth meeting, on how individual Parties can integrate action to address their needs under the Basel Convention into their United Nations Sustainable Development Cooperation Frameworks.