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1.
National reporting
Improve timely and
complete national reporting under paragraph 3 of Article 13 of the Convention
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(a)
Classify and, as appropriate, publish
information on Parties’ compliance with their annual national reporting
obligations for 2018, 2019, 2020 and 2021 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 2022 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 frameworks, identifying best practices and, on the basis of
the assessment, developing recommendations for the consideration of the
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 (SAICM), the United
Nations Environment Programme (UNEP), SAICM
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 Institute for Training and
Research (UNITAR), the United Nations Industrial Development
Organization (UNIDO), the World Bank and other relevant financial
institutions 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 whether a review of the information
provided in tables 4 and 5 of the national reports for the years 2020 and
2021, taking into account relevant experience of
Parties, could help identify discrepancies in the information reported by
Parties and make recommendations accordingly through consultations with the
Open-Ended Working Group.
(f)
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 report to the Conference of the Parties at its seventeenth meeting.
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2.
Illegal traffic
Prevent and combat
illegal traffic
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Scoping exercise:
(a)
Review the information provided in table 9
of the national reports transmitted for the years 2020 and 2021 with a view
to estimating: (i) how many cases of illegal traffic there were;
(ii) with respect to which wastes (including regionally based information);
(iii) in which regions; and (iv) how they were resolved; and make
recommendations based on the outcome of the review;
(b)
Assess the reasons for which Parties do not
complete or have difficulties in completing table 9 of the reporting format
and what measures could be recommended to the Conference of the Parties
towards improving the rate of completion of table 9 as well as the quality of
information provided therein;
(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.
National
coordination mechanisms
(d)
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), the International Maritime Organization
(IMO) 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;
(e)
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;
(f)
Develop recommendations to improve
implementation of and compliance with Article 9 of the Convention.
Responses
to question 1 (c) of the reporting format
(g)
Review the texts of national legislation
and other measures adopted by Parties to implement and enforce the
Convention, their responses to question 1 (c) of the national reports for
2021, the outcome of Parties’ self‑review of their legislation and,
using the legislator’s checklist,[3]
classify Parties’ compliance performance in relation to the obligations set
out in Article 9 of the Convention.
Dialogue
(h)
Establish a dialogue and coordinate with
the Basel Convention regional and coordinating centres, relevant
international organizations and cooperate
with 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)
(i)
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
(j)
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.
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3.
National legislation
Improve
implementation of and compliance with paragraph 4 of Article 4 and paragraph
5 of Article 9 of the Convention
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(a)
Invite Parties that have yet to undertake a
self-review of their legislation for implementing the Convention, using the
legislator’s checklist, to do so and also provide, where applicable, information on their legislative
implementation of the Ban Amendment, the plastic wastes amendments and the
e-waste amendments;
(b)
Invite the 49 Parties that undertook a
self-review of their legislation for implementing the Convention, using the
legislator’s checklist, to consider updating their self-review if needed,
and, where applicable, to specifically review whether their legislation
reflects the Ban Amendment, the plastic
wastes amendments and the e-waste
amendments;[4]
(c)
Consider general trends with the
implementation of and compliance with paragraph 4 of Article 4 and paragraph
5 of Article 9 of the Convention;
(d)
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; giving
adequate consideration to improving the implementation of and compliance with
paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention,
where applicable, with respect to the Ban Amendment, the plastic wastes
amendments and the e-waste amendments;
(e)
Monitor requests from Parties received by
the Secretariat for information aimed at facilitating the development and
review of national legal frameworks and for the technical assistance
activities of the Secretariat aimed at promoting the implementation of
paragraph 4 of Article 4 and paragraph 5 of Article 9 of the Convention,
including the Ban Amendment, the plastic wastes amendments and the e-waste amendments;
(f)
Monitor activities undertaken by or with
the support of the Basel Convention regional and coordinating centres, UNEP
and other entities, including national development agencies, aimed at
assisting Parties in developing legal frameworks for the implementation of
the Basel Convention, including the Ban Amendment, the plastic wastes
amendments and the e-waste 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 SAICM, UNEP and other entities, such as FAO, GEF,
UNDP, UNIDO, the World Bank and other relevant financial institutions, on
their activities aimed at supporting Parties in performing their obligations
related to the development of legal frameworks to implement and enforce the
Convention, including the Ban Amendment, the plastic wastes amendments
and the e-waste amendments;
(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]
also taking into account the information received by three Parties under the
2022–2023 work programme of the Committee,[6] for consideration by the Conference
of the Parties at its sixteenth and subsequent meetings;[7]
(i)
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.
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4.
Review and updating
Generally improve
the implementation of and compliance with the Convention
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(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 the Ban Amendment, the plastic
wastes amendments, the e‑waste
amendments, the glossary of terms, and technical guidelines and new guidance
adopted since the twelfth meeting of the Conference of the Parties.
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5.
Country
contacts
Improve the
implementation of and compliance with Article 5 of the Convention
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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.
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