Legal frameworks
Recognizing the importance of national legal and administrative instruments for the effective implementation and enforcement of the Basel Convention, Article 4(4) of the Convention provides that:
"Each Party shall take appropriate legal, administrative and other measures to implement and enforce the provisions of this Convention, including measures to prevent and punish conduct in contravention of the Convention".
The Conference of the Parties at its tenth meeting urged Parties to promulgate, update or develop stringent legislation on the control of transboundary movement of hazardous wastes and to incorporate in their legislation appropriate sanctions or penalties for illegal traffic in hazardous wastes and other wastes covered by the Convention. The Secretariat was requested to continue to maintain a collection of national legislation and other measures adopted by parties to implement the Convention.
The texts of national legislation that have been supplied by the Parties to the Secretariat are made available on this site.
The Secretariat provides advice and assistance to Parties on matters related to the implementation and enforcement of the Convention, including development of national legislation, on request.
National Definition of Hazardous Wastes
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 definitions 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 using the revised standardized format to the Secretariat for transmittal to all Parties. Once such a communication has been received by the Secretariat, the obligations under Articles 4 and 6, as well as those under other provisions, shall apply. Information on national definitions reported to the Secretariat under question 2 (c) of the national reporting questionnaire and through designated focal points under Article 13, paragraph 3, will be regarded as notifications under Article 3 or under Article 13, paragraph 2 (b) .
The notifications of national definitions of hazardous wastes that have been supplied by the Parties to the Secretariat are made available on this site.
Decision to Prohibit or Restrict the Import or Export 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) obliges the Parties to inform each other through the Secretariat of
- decisions 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;
- decisions taken by them to limit or ban the export of hazardous or other wastes.
A Party that wishes to prohibit or restrict the import or export of hazardous wastes or other wastes must send a specific notification using the standardized reporting format to the Secretariat for transmittal to all Parties. Once such a communication has been received by the Secretariat, the obligations under Articles 4, paragraph 1 (b), as well as those under other provisions, shall apply. Information on import and/or export prohibitions or restrictions reported to the Secretariat under question 3 (a) - (f) of the national reporting questionnaire and through designated focal points under Article 13, paragraph 3, will be regarded as notifications under Article 4 or under Article 13, paragraphs 2 (c) and (d).
Section F of decision BC-10/3 also encourages Parties to develop and update national lists of prohibited hazardous wastes and to transmit them to the Secretariat; and to cooperate with one another in the development of such lists.
Notifications supplied by the Parties to the Secretariat of decisions to prohibit or restrict import / export of hazardous or other wastes, including national lists of prohibited wastes, are made available on this site.