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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 2022 and 2023 based on the assumptions, criteria
and categories adopted by the Conference of the Parties at its thirteenth
meeting (decision BC-13/9 para.12) and the targets adopted by the Conference
of the Parties at its fifteenth meeting, (decision BC-15/17) ;
(b) Develop recommendations on the
revision of the targets referred to in paragraph 10 of decision BC-15/17 for
the reports due for 2024 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, continue to 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) Monitor the activities carried
out by or with the support of 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, the
Strategic Approach to International Chemicals Management (SAICM) and the
Global Framework on Chemicals – For a Planet Free of Harm from Chemicals and
Waste, 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 regional development banks, aimed at
assisting Parties in the transmission of their national reports;
(e) Review progress made by Parties
that have received assistance from the entities mentioned in subparagraph (d)
above in the transmission of national reports;
(f) Develop recommendations for
consideration by the Conference of the Parties at its eighteenth meeting,
taking into account the outcomes of the activities mentioned in subparagraphs
(a) and (e) above;
(g) Review the measures, other than
those 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 five or more years since the report due for 2018, and report to
the Conference of the Parties at its eighteenth meeting.
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1. Illegal
traffic
Prevent and punish illegal traffic
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Scoping exercise:
(a) Review the information provided
in table 9 of the national reports transmitted for the years 2022 and 2023,
with a view to estimating: (i) how many cases of illegal traffic
there were; (ii) which wastes those cases involved (including regionally
based information and identifying wastes covered by the Montreal Protocol on
Substances that Deplete the Ozone Layer (see
decision BC-16/22: International cooperation and coordination with other
organizations)
as well as mercury wastes (see decision MC-5/10: Establishment
of mercury waste thresholds);
(iii) in which regions those cases occurred; and (iv) how they were
resolved; and make recommendations based on the outcome of the review;
(b) When conducting the scoping
exercise of illegal traffic carry out a deeper examination of the types of
illegal cases that warrant greater attention, considering that instances of
unlawful shipments vary from mere documentation errors to intentional illegal
trafficking;
(c) 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, or how to make the table more
user-friendly;
(d) Identify discrepancies in the
information reported by Parties on cases that could constitute illegal
traffic;
(e) Make recommendations to the
Conference of the Parties on the basis of the outcome of the review carried
out under subparagraph (a) above, taking into account general trends
identified by the scoping exercises carried out by the Committee under its
previous work programmes, as well as relevant information from the
secretariats of the Montreal Protocol and the Minamata Convention on Mercury
and from the United Nations Office on Drugs and Crime, the World Customs
Organization and the International Criminal Police Organization (INTERPOL).
National coordination
mechanisms
(f) Develop a template for
coordinating mechanisms between competent authorities and enforcement
entities to prevent and punish illegal traffic, and establish effective
communication channels;
(g) Develop recommendations to
improve implementation of and compliance with Article 9 of the Convention.
Responses
to question 1 (c) of the reporting format
(h) 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
2023, the outcome of Parties’ selfreview‑ of their legislation and, using the
legislator’s checklist (see annex I to the Manual for the
Implementation of the Basel Convention) classify Parties’ compliance
performance in relation to the obligations set out in Article 9 of the
Convention.;
(i) Monitor trends in Parties’
legislative implementation of Article 9 of the Convention.
Dialogue
(j) Continue dialogue and
coordination 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 punishing 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)
(k) Maintain under review the
activities of ENFORCE and consider whether the arrangements pertaining to
ENFORCE need to be strengthened further.
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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, and the Protocol on
Liability and Compensation for Damage resulting from Transboundary Movements
of Hazardous Wastes and their Disposal (the Basel Protocol), as well as on
any measures and/or legislation in place that require that hazardous wastes
or other wastes to be exported are managed in an environmentally sound manner
in the State of import or elsewhere;
(b) Invite the 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 (which became effective for most Parties on 1 January 2025), and
the Basel Protocol, as well as whether any other measures and/or legislation
are in place that require that hazardous wastes or other wastes to be
exported are managed in an environmentally sound manner in the State of
import or elsewhere;
(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) Continue to 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) Continue to 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, the Executive Board of the Special Programme to support
institutional strengthening, the United Nations Environment Programme
and other entities such as the Food and Agriculture Organization of the
United Nations, the Global Environment Facility, the United Nations
Development Programme, the United Nations Institute for Training and Research, the
United Nations Industrial Development Organization, the World Bank and
regional development banks, aimed at assisting Parties with the review and
development of national legislation implementing the Convention;
(g) Review progress made by those
Parties that have received from the entities mentioned in paragraph (f) above
assistance in the review and development of national legislation implementing
the Convention;
(h) Develop recommendations for
consideration by the Conference of the Parties at its seventeenth meeting,
taking into account the outcomes of the activities mentioned in subparagraphs
(a) and (b) above;.
(i) Continue to 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, for consideration by the
Conference of the Parties at its eighteenth and subsequent meetings (appropriate
allocations in the budget to provide support for the Committee to undertake
this work are recommended, along with allocations in the technical assistance
budget specifically to help individual Parties with implementation of the
Basel Convention);
(j) 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. Generally improve the implementation of and
compliance with the Convention
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(a) Review the technically updated versions
of the Guide to the Control System and the Manual for the Implementation of
the Basel Convention, taking into account relevant decisions taken by the
Conference of the Parties at its seventeenth meeting, as well as feedback
from Parties and observers on their use of the Guide and the Manual and
their priorities for possible further improvement thereof, for consideration
and possible adoption by the Conference of the Parties at its eighteenth
meeting;
(b) Continue to review other 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, including in response to invitations
for views or information in accordance with decision BC-17/2 on work to
improve the prior
informed consent procedure,
and make recommendations to the
Conference of the Parties with regard to updating the guidance;
(c) Identify the options available to
Parties to access financial support for the implementation of the Convention,
such as linking implementation to the achievement of the Sustainable
Development Goals or to the objectives of other multilateral environmental
agreements, and how to gain access to such support.
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7. Cooperation with the Compliance Committee of
the Rotterdam Convention and the Compliance Committee of the Stockholm
Convention
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(a) Continue to enhance cooperation
with the Compliance Committee of the Rotterdam Convention to facilitate
compliance through the exchange of views and information between the
committees on activities of joint interest, including on legislative and
administrative measures to implement the conventions, transmission of
information to the Secretariat (namely Basel Convention national reports and
Rotterdam Convention import responses), United Nations Sustainable
Development Cooperation Frameworks and designation of country contacts by
Parties, as well as operations and processes of joint interest, including as
appropriate during joint sessions of the meetings of the committees, and make
recommendations to the Conference of the Parties;
(b) Take steps to initiate
cooperation with the Compliance Committee of the Stockholm Convention on
Persistent Organic Pollutants to facilitate compliance through the exchange
of views and information on activities, operations and processes of joint
interest, including, as appropriate, joint sessions at meetings of the
committees, and make recommendations to the Conference of the Parties.
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