of Toxic and other Substances) Regulations, 2000 (ln_2000_205) | MT

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Preamble — of Toxic and other Substances) Regulations, 2000 Open official source

L.N. 205 of 2000

ENVIRONMENT PROTECTION ACT

(CAP. 348)

Environment Protection (Control of Transboundary Movement

of Toxic and other Substances) Regulations, 2000

IN exercise of the powers conferred by articles 3, 6, 9, 16 and 48

of the Environment Protection Act, hereinafter in these regulations

referred to as "the Act", the Minister for the Environment has made the

following regulations:-

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 1 — of Toxic and other Substances) Regulations, 2000 Open official source

The title of these regulations is the Environment Protection Citation.

(Control of Transboundary Movement of Toxic and other Substances)

Regulations, 2000.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Schedule 1 — of Toxic and other Substances) Regulations, 2000 Open official source

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their

Disposal Adopted by the Conference of the Plenipotentiaries on 22 March 1989

PREAMBLE

The Parties to this Convention,

Aware ofthe risk ofdamage to human health and the environment caused by hazardous wastes and other wastes

and the transboundary movement thereof,

Mindful of the growing threat to human health and the environment posed by the increased generation and

complexity, and transboundary movement of hazardous wastes and other wastes,

Mindful also that the most effective way ofprotecting human health and the environment from the dangers posed

by such wastes is the reduction of their generation to a minimum in terms of quantity and/or hazard potential,

Convinced that States should take necessary measures to ensure that the management of hazardous wastes and

other wastes including theirtransboundary movement and disposal is consistent with the protection ofhuman health and

the environment whatever the place of disposal,

Noting that States should ensure that the generator should carry out duties with regards to the transport and

disposal of hazardous wastes and other wastes in a manner that is consistent with the protection of the environment,

whatever the place of disposal.

Fully recognizing that any State has the sovereign right to ban the entry or disposal offoreign hazardous wastes

and other wastes in its territory,

Recognizing also the increasing desire for the prohibition oftransboundary movements ofhazardous wastes and

their disposal in other States, especially developing countries,

Convinced that hazardous wastes and other wastes should, as far as is compatible with environmentally sound

and efficient management, be disposed of in the State where they were generated,

Aware also that transboundary movements of such wastes from the State of their generation to any other State

should be permitted only when conducted under conditions which do not endanger human health and the environment,

and under conditions in conformity with the provisions of this Convention,

Considering that enhanced control of transboundary movement of hazardous wastes and other wastes will act

as an incentive for their environmentally sound management and for the reduction ofthe volume ofsuch transboundary

movement,

Convinced that States should take measures for the proper exchange of information on and control of the

transboundary movement of hazardous wastes and other wastes from and to those States,

Noting that a number of international and regional agreements have addressed the issue of protection and

preservation of the environment with regard to the transit of dangerous goods,

Taking into account the Declaration ofthe United Nations Conference on the Human Environment (Stockholm,

1972), the Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes adopted

by the Governing Council of the United Nations Environment Programme (UNEP) by decision 14/30 of 17 June 1987,

the Recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods (formulated

in 1957 and updated biennially), relevant recommendations, declarations, instruments and regulations adopted within

the United Nations system and the work and studies done within other international and regional organizations,

Mindful of the spirit, principles, aims and functions of the WorId Charter for Nature adopted by the General

Assembly of the United Nations at its thirty-seventh session (1982) as the rule of ethics in respect of the protection of

the human environment and the conservation of natural resources,

Affirming that States are responsible for the fulfilment oftheir international obligations concerning the protection

ofhuman health and protection and preservation ofthe environment, and are liable in accordance with international law,

Recognizing that in the case of a material breach of the provisions of this Convention or any protocol thereto

the relevant international law of treaties shall apply,

Aware of the need to continue the development and implementation of environmentally sound low-waste

technologies, recycling options, good house-keeping and management systems with a view to reducing to a minimum

the generation of hazardous wastes and other wastes,

Aware also ofthe growing international concern about the need for stringent control oftransboundary movement

of hazardous wastes and other wastes, and of the need as far as possible to reduce such movement to a minimum,

Concerned about the problem of illegal transboundary traffic in hazardous wastes and other wastes,

Taking into account also the limited capabilities of the developing countries to manage hazardous wastes and

other wastes,

Recognizing the need to promote the transfer oftechnology for the sound management ofhazardous wastes and

other wastes produced locally, particularly to the developing countries in accordance with the spirit of the Cairo

Guidelines and decision 14/16 of the Governing Council of UNEP on Promotion of the transfer of environmental

protection technology,

Recognizing also that hazardous wastes and other wastes should be transported in accordance with relevant

international conventions and recommendations,

Convinced also that the transboundary movement ofhazardous wastes and other wastes should be permitted only

when the transport and the ultimate disposal of such wastes is environmentally sound, and

Determined to protect, by strict control, human health and the environment against the adverse effects which

may result from the generation and management of hazardous wastes and other wastes,

HAVB AGREED AS FOLLOWS

Article 1

Scope of the Convention

1. The following wastes that are subject to transboundary movement shall be "hazardous wastes" for the purposes

of this Convention

(a) Wastes that belong to any category contained in Annex I, unless they do not possess any ofthe characteristics

contained in Annex III; and

(b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous

wastes by the domestic legislation of the Party of export, import or transit.

2. Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be

"other wastes" for the purposes of this Convention.

3. Wastes which, as a result of being radioactive, are subject to other international control systems, including

international instruments, applying specifically to radioactive materials, are excluded from the scope ofthis Convention.

4. Wastes which derive from the normal operations of a ship, the discharge of which is covered by another

international instrument, are excluded from the scope of this Convention.

Article 2

Definitions

For the purposes of this Convention

1. "Wastes" are substances or objects which are disposed of or are intended to be disposed of or are required to

be disposed of by the provisi~ns of national law;

2. "Management" means the collection, transport and disposal ofhazardous wastes or other wastes, including after-

care of disposal sites;

3. "Transboundary movement" means any movement of hazardous wastes or other wastes from an area under the

national jurisdiction of one State to or through an area under the national jurisdiction ofanother State or to or through

an area not under the national jurisdiction of any State, provided at least two States are involved in the movement;

4. "Disposal" means any operation specified in Annex IV to this Convention;

5. "Approved site or facility" means a site or facility for the disposal of hazardous wastes or other wastes which

is authorized or permitted to operate for this purpose by a relevant authority of the State where the site or facility is

located;

6. "Competent authority" means one governmental authority designated by a Party to be responsible, within such

geographical areas as the Party may think fit, for receiving the notification of a transboundary movement of hazardous

wastes or other wastes, and any information related to it, and for responding to such a notification, as provided in Article

7. "Focal point" means the entity of a Party referred to in Article 5 responsible for receiving and submitting

information as provided for in Articles 13 and 16;

8. "Environmentally sound management of hazardous wastes or other wastes" means taking all practicable steps

to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the

environment against the adverse effects which may result from such wastes;

9. "Area under the national jurisdiction of a State" means any land, marine area or air space within which a State

exercises administrative and regulatory responsibility in accordance with intemationallaw in regard to the protection

of human health or the environment;

10. "State of export" means a Party from which a transboundary movement of hazardous wastes or other wastes

is planned to be initiated or is initiated;

11. "State of import" means a Party to which a transboundary movement of hazardous wastes or other wastes is

planned or takes place for the purpose of disposal therein or for the purpose of loading prior to disposal in an area not

under the national jurisdiction of any State;

12. "State of transit" means any State, other than the State of export or import, through which a movement of

hazardous wastes or other wastes is planned or takes place;

13. "States concerned" means Parties which are States ofexport or import, or transit States, whether or not Parties;

14. "Person" means any natural or legal person;

15. "Exporter" means any person under the jurisdiction of the State of export who arranges for hazardous wastes

or other wastes to be exported;

16. "Importer" means any person under the jurisdiction of the State of import who arranges for hazardous wastes

or other wastes to be imported;

17. "Carrier" means any person who carries out the transport of hazardous wastes or other wastes;

18. "Generator" means any person whose activity produces hazardous wastes or other wastes or, if that person is

not known, the person who is in possession and/or control of those wastes;

19. "Disposer" means any person to whom hazardous wastes or other wastes are shipped and who carries out the

disposal of such wastes;

20. "Political and/or economic integration organization" means an organization constituted by sovereign States to

which its member States have transferred competence in respect of matters governed by this Convention and which has

been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve, formally confirm Of

accede to it;

21. "Illegal traffic" means any transboundary movement ofhazardous wastes or other wastes as specified in Article

9. Article 3

National Definitions of Hazardous Wastes

1. Each Party shall, within six months of becoming a Party to this Convention, inform the Secretariat of the

Convention of the wastes, other than those listed in Annexes I and II, considered or defined as hazardous under its

national legislation and ofany requirements concerning transboundary movement procedures applicable to such wastes.

2. Each Party shall subsequently inform the Secretariat ofany significant changes to the information it has provided

pursuant to paragraph 1.

The Secretariat shall forthwith inform all Parties ofthe information it has received pursuant to paragraphs 1 and

3.

2.

4. Parties shall be responsible for making the information transmitted to them by the Secretariat under paragraph

3 available to their exporters.

Article 4

General Obligations

1. (a) 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.

(b) Parties shall prohibit or shall not permit the export ofhazardous wastes and other wastes to the Parties which

have prohibited the import of such wastes, when notified pursuant to subparagraph (a) above.

(c) Parties shall prohibit or shall not pennit the export of hazardous wastes and other wastes if the State of

import does not consent in writing to the specific import, in the case where that State of import has not prohibited the

import of such wastes.

2. Each Party shall take the appropriate measures to

(a) Ensure that the generation of hazardous wastes and other wastes within it is reduced to a minimum, taking

into account social, technological and economic aspects;

(b) Ensure the availability of adequate disposal facilities, for the environmentally sound management of

hazardous wastes and other wastes, that shall be located, to the extent possible, within it, whatever the place of their

disposal;

(c) Ensure that persons involved in the management of hazardous wastes or other wastes within it take such

steps as are necessary to prevent pollution due to hazardous wastes and other wastes arising from such management

and, if such pollution occurs, to minimize the consequences thereof for human health and the environment;

(d) Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum

consistent with the environmentally sound and efficient management ofsuch wastes, and is conducted in a manner which

will protect human health and the environment against the adverse effects which may result from such movement;

(e) Not allow the export of hazardous wastes or other wastes to a State or group of States belonging to an

economic and/or political integration organization that are Parties, particularly developing countries, which have

prohibited by their legislation all imports, or if it has reason to believe that the wastes in question will not be managed

in an environmentally sound manner, according to criteria to be decided on by the Parties at their first meeting.

(f) Require that infonnation about a proposed transboundary movement of hazardous wastes and other wastes

be provided to the States concerned, according to Annex V A, to state clearly the effects of the proposed movement

on human health and the environment;

(g) Prevent the import of hazardous wastes and other wastes if it has reason to believe that the wastes in

question will not be managed in an environmentally sound manner;

(h) <::o-operate in activities with other Parties and interested organizations, directly and through the Secretariat,

including the dissemination of infonnation on the transboundary movement of hazardous wastes and other wastes, in

order to improve the environmentally sound management ofsuch wastes and to achieve the prevention ofillegal traffic.

3. The Parties consider that illegal traffic in hazardous wastes or other wastes is criminal.

4. 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.

5. A Party shall not pennit hazardous wastes or other wastes to be exported to a non-Party or to be imported from

a non-Party.

6. The Parties agree not to allow the export of hazardous wastes or other wastes for disposal within the area south

of 60° South latitude, whether or not such wastes are subject to transboundary movement.

7. Furthermore, each Party shall

(a) Prohibit all persons under its national jurisdiction from transporting or disposing of hazardous wastes or

other wastes unless such persons are authorized or allowed to perform such types of operations;

(b) Require that hazardous wastes and other wastes that are to be the subject of a transboundary movement be

packaged, labelled. and transported in confonnity with generally accepted and recognized international rules and

standards in the field of packaging, labelling, and transport, and that due account is taken of relevant internationally

recognized practices;

(c) Require that hazardous wastes and other wastes be accompanied by a movement document from the point

at which a transboundary movement commences to the point of disposal.

8. Each Party shall require that hazardous wastes or other wastes, to be exported. are managed in an

environmentally sound manner in the State of import or elsewhere. Technical guidelines for the environmentally sound

management of wastes subject to this Convention shall be decided by the Parties at their first meeting.

9. Parties shall take the appropriate measures to ensure that the transboundary movement ofhazardous wastes and

other wastes only be allowed if

(a) The State of export does not have the technical capacity and the necessary facilities, capacity or suitable

disposal sites in order to dispose of the wastes in question in an environmentally sound and efficient manner; or·

(b) The wastes in question are required as a raw material for recycling or recovery industries in the State of

import; or

(c) The transboundary movement in question is in accordance with other criteria to be decided by the Parties,

provided those criteria do not differ from the objectives of this Convention.

10. The obligation under this Convention of States in which hazardous wastes and other wastes are generated to

require that those wastes are managed in an environmentally sound manner may not under any circumstances be

transferred to the States of import or transit.

11. Nothing in this Convention shall prevent a Party from imposing additional requirements that are consistent with

the provisions of this Convention, and are in accordance with the rules of international law, in order better to protect

human health and the environment.

12. Nothing in this Convention shall affect in any way the sovereignty of States over their territorial sea established

in accordance with international law, and the sovereign rights and the jurisdiction which States have in their exclusive

economic zones and their continental shelves in accordance with international law, and the exercise by ships and aircraft

of all States of navigational rights and freedoms as provided for in international law and as reflected in relevant

international instruments.

13. Parties shall undertake to review periodically the possibilities for the reduction ofthe amount and/or the pollution

potential ofhazardous wastes and other wastes which are exported to other States, in particularto developing countries.

Article 5

Designation of Competent Authorities and Focal Point

To facilitate the implementation of this Convention, the Parties shall

1. Designate or establish one or more competent authorities and one focal point. One competent authority shall

be designated to receive the notification in case of a State of transit.

2. Infonn the Secretariat, within three months ofthe date ofthe entry into force ofthis Convention for them, which

agencies they have designated as their focal point and their competent authorities.

3. Infonn the Secretariat, within one month ofthe date ofdecision, ofany changes regarding the designation made

by them under paragraph 2 above.

Article 6

Transboundary Movement between Parties

1. The State of export shall notify, or shall require the generator or exporter to notify, in writing, through the

channel of the competent authority of the State of export, the competent authority of the States concerned of any

proposed transboundary movement ofhazardous wastes or other wastes. Such notification shall containthe declarations

and information specified in Annex V A, written in a language acceptable to the State ofimport. Only one notification

needs to be sent to each State concerned.

2. The State of import shall respond to the notifier in writing, consenting to the movement with or without

conditions, denying permission for the movement, or requesting additional information. A copy of the final response

of the State of import shall be sent to the competent authorities of the States concerned which are Parties.

- The State of export shall not allow the generator or exporter to commence the transboundary movement until

3. it has received written confirmation that

(a) The notifier has received the written consent of the State of import; and

(b) The notifier has received from the State of import confinnation of the existence of a contract between the

exporter and the disposer specifying environmentally sound management of the wastes in question.

4. Each State of transit which is a Party shall promptly acknowledge to the notifier receipt of the notification. It

may subsequently respond to the notifier in writing, within 60 days, consenting to the movement with or without

conditions, denying permission for the movement, or requesting additional information. The State of export shall not

allow the transboundary movement to commence until it has received the written consent of the State of transit.

However, ifatany time a Party decides notto require prior written consent, either generally or under specific conditions,

for transit transboundary movements of hazardous wastes or other wastes, or modifies its requirements in this respect,

it shall forthwith inform the other Parties of its decision pursuant to Article 13. In this latter case, if no response is

received by the State of export within 60 days of the receipt of a given notification by the State of transit, the State of

export may allow the export to proceed through the State of transit.

In the case of a transboundary movement of wastes where the wastes are legally defined as or considered to be

5. hazardous wastes only

(a) By the State ofexport, the requirements of paragraph 9 ofthis Article that apply to the importer or disposer

and the State of import shall apply mutatis mutandis to the exporter and State of export, respectively;

(b) By the State of import, or by the States of import and transit which are Parties, the requirements of

paragraphs I, 3,4 and 6 of this Article that apply to the exporter and State of export shall apply mutatis mutandis to

the importer or disposer and State of import, respectively; or

(c) By any State of transit which is a Party, the provisions of paragraph 4 shall apply to such State.

6. The State of export may, subject to the written consent of the States concerned, allow the generator or the

exporter to use a general notification where hazardous wastes or other wastes having the same physical and chemical

characteristics are shipped regularly to the same disposer via the same customs office of exit of the State of export via

the same customs office of entry of the State of import, and, in the case of transit, via the same customs office of entry

and exit of the State or States of transit.

7. The States concerned may make their written consent to the use of the general notification referred to in

paragraph 6 subject to the supply of certain information, such as the exact quantities or periodical lists of hazardous

wastes or other wastes to be shipped.

8. The general notification and written consent referred to in paragraphs 6 and 7 may cover multiple shipments of

hazardous wastes or other wastes during a maximum period of 12 months.

9. The Parties shall require that each person who takes charge ofa trans boundary movement of hazardous wastes

or other wastes sign the movement document either upon delivery or receipt of the wastes in question. They shall also

require that the disposer inform both the exporter and the competent authority of the State of export of receipt by the

disposer of the wastes in question and, in due course, of the completion of disposal as specified in the notification. If

no such information is received within the State of export, the competent authority ofthe State ofexport or the exporter

shall so notifY the State of import.

10. The notification and response required by this Article shall be transmitted to the competent authority of the

Parties concerned or to such governmental authority as may be appropriate in the case of non-Parties.

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 oftransit which is a Party.

Article 7

Transboundary Movement from a Party through

States which are not Parties

Paragraph 1 of Article 6 of the Convention shall apply mutatis mutandis to transboundary movement af

hazardous wastes or other wastes from a Party through a State or States which are not Parties.

Article 8

Duty to Re-import

When a transboundary movement of hazardous wastes or other wastes to which the consent of the States

concerned has been given, subject to the provisions of this Convention, cannot be completed in accordance with the

terms of the contract, the State of export shall ensure that the wastes in question are taken back into the State ofexport,

by the exporter, ifalternative arrangements cannot be made for their disposal in an environmentally sound manner, within

90 days from the time that the importing State informed the State of export and the Secretariat, or such other period

of time as the States concerned agree. To this end, the State of export and any Party of transit shall not oppose, hinder

or prevent the return of those wastes to the State of export.

Article 9

Illegal Traffic

1. For the purpose of this Convention, any transboundary movement of hazardous wastes or other wastes

(a) without notification pursuant to the provisions of this Convention to all States concerned; or

(b) without the consent pursuant to the provisions of this Convention of a State concerned; or

(c) with consent obtained from States concerned through falsification, misrepresentation or fraud; or

(d) that does not conform in a material way with the documents; or

(e) that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention of

this Convention and of general principles of international law,

shall be deemed to be illegal traffic.

2. In case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the

result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes in question

are

(a) taken back by the exporter or the generator or, if necessary, by itself into the State of export, or, if

impracticable,

(b) are otherwise disposed of in accordance with the provisions of this Convention,

within 30 days from the time the State of export has been informed about the illegal traffic or such other period oftime

as States concerned may agree. To this end the Parties concerned shall not oppose, hinder or prevent the return ofthose

wastes to the State of export.

3. In the case ofa transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the

result of conduct on the part of the importer or disposer, the State of import shall ensure that the wastes in question are

disposed of in an environmentally sound manner by the importer or disposer or, if necessary, by itself within 30 days

from the time the illegal traffic has come to the attention ofthe State ofimport or such other period oftime as the States

concerned may agree. To this end, the Parties concerned shall co-operate, as necessary, in the disposal of the wastes

in an environmentally sound manner.

4. In cases where the responsibility for the illegal traffic cannot be assigned either to the exporter or generator or

to the importer or disposer, the Parties concerned or other Parties, as appropriate, shall ensure, through co-operation,

that the wastes in question are disposed of as soon as possible in an environmentally sound manner either in the State

of export or the State of import or elsewhere as appropriate.

5. Each Party shall introduce appropriate national/domestic legislation to prevent and punish illegal traffic. The

Parties shall co-operate with a view to achieving the objects of this Article.

Article 10

International Co-operation

I.

The Parties shall co-operate with each other in order to improve and achieve environmentally sound management

of hazardous wastes and other wastes.

2. To this end, the Parties shall

(a) Upon request, make available information, whether on a bilateral or multilateral basis, with a view to

promoting the environmentally sound management of hazardous wastes and other wastes, including harmonization of

technical standards and practices for the adequate management of hazardous wastes and other wastes;

(b) Co-operate in monitoring the effects of the management of hazardous wastes on human health and the

environment;

(c) Co-operate, subject to their national laws, regulations and policies, in the development and implementation

of new environmentally sound low-waste technologies and the improvement of existing technologies with a view to

eliminating, as far as practicable, the generation of hazardous wastes and other wastes and achieving more effective and

efficient methods of ensuring their management in an environmentally sound manner, including the study of the

economic, social and environmental effects of the adoption of such new or improved technologies;

(d) Co-operate actively, subject to their national laws, regulations and policies, in the transfer oftechnology and

management systems related to the environmentally sound management of hazardous wastes and other wastes. They

shall also co-operate in developing the technical capacity among Parties, especially those which may need and request

technical assistance in this field;

(e) Co-operate in developing appropriate technical guidelines and/or codes of practice.

3. The Parties shall employ appropriate means to co-operate in order to assist developing countries in the

implementation of subparagraphs a, b, c and d of paragraph 2 of Article 4.

4. Taking into account the needs of developing countries, co-operation between Parties and the competent

international organizations is encouraged to promote, inter alia, public awareness, the development of sound

management of hazardous wastes and other wastes and the adoption of new low-waste technologies.

Article 11

Bilateral, Multilateral and Regional Agreements

1. Notwithstanding the provisions ofArticle 4 paragraph 5, Parties may enter into bilateral, multilateral, or regiunal

agreements or arrangements regarding transboundary movement of hazardous wastes or other wastes with Parties or

non-Parties provided that such agreements or arrangements do not derogate from the environmentally sound

management of hazardous wastes and other wastes as required by this Convention. These agreements or arrangements

shall stipulate provisions which are not less environmentally sound than those provided for by this Convention in

particular taking into account the interests of developing countries.

2. Parties shall notify the Secretariat of any bilateral, multilateral or regional agreements or arrangements referred

to in paragraph 1 and those which they have entered into prior to the entry into force of this Convention for them, for

the purpose of controlling transboundary movements of hazardous wastes and other wastes which take place entirely

among the Parties to such agreements. The provisions of this Convention shall not affect transboundary movements

which take place pursuant to such agreements provided that such agreements are compatible with the environmentally

sound management of hazardous wastes and other wastes as required by this Convention.

Article 12

Consultations on Liability

The Parties shall co-operate with a view to adopting, as soon as practicable, a protocol setting out appropriate

rules and procedures in the field of liability and compensation for damage resulting from the transboundary movement

and disposal of hazardous wastes and other wastes.

Article 13

Transmission of Information

1. The Parties shall, whenever it comes to their knowledge, ensure that, in the case of an accident occurring during

the transboundary movement of hazardous wastes or other wastes or their disposal, which are likely to present risks to

human health and the environment in other States, those states are immediately informed.

2. The Parties shall inform each other, through the Secretariat, of

(a)

Changes regarding the designation of competent authorities and/or focal points, pursuant to Article 5;

(b)

Changes in their national definition of hazardous wastes, pursuant to Article 3;

and, as soon as possible,

(c)

Decisions made by them not to consent totally or partially to the import of hazardous wastes or other

wastes for disposal within the area under their national jurisdiction;

(d)

Decisions taken by them to limit or ban the export of hazardous wastes or other wastes;

(e)

Any other information required pursuant to paragraph 4 of this Article.

3. The Parties, consistent with national laws and regulations, shall transmit, through the Secretariat, to the

Conference of the Parties established under Article 15, before the end of each calendar year, a report on the previous

calendar year, containing the following information

(a)

Competent authorities and focal points that have been designated by them pursuant to Article 5;

(b)

Information regarding transboundary movements ofhazardous wastes or other wastes in which they have

been involved, including

(i)

The amount of hazardous wastes and other wastes exported, their category, characteristics, destination,

any transit country and disposal method as stated on the response to notification;

(ii)

The amount of hazardous wastes and other wastes imported, their category, characteristics, origin, and

disposal methods;

(iii)

Disposals which did not proceed as intended;

(iv)

Efforts to achieve a reduction of the amount of hazardous wastes or other wastes subject to

transboundary movement;

(c)

Information on the measures adopted by them in implementation of this Convention;

(d)

Information on available qualified statistics which have been compiled by them on the effects on human

health and the environment of the generation, transportation and disposal of hazardous wastes or other wastes;

(e)

Information concerning bilateral, multilateral and regional agreements and arrangements entered into

pursuant to Article 11 of this Convention;

(f)

Information on accidents occurring during the transboundary movement and disposal ofhazardous wastes

and other wastes and on the measures undertaken to deal with them;

(g)

Information on disposal options operated within the area of their national jurisdiction;

(h)

Information on measures undertaken for development oftechnologies for the reduction and/or elimination

of production of hazardous wastes and other wastes; and

(i)

Such other matters as the Conference of the Parties shall deem relevant.

4. The Parties, consistent with national laws and regulations, shall ensure that copies ofeach notification concerning

any given transboundary movement of hazardous wastes or other wastes, and the response to it, are sent to the

Secretariat when a Party considers that its environment may be affected by that transboundary movement has requested

that this should be done.

Article 14

Financial Aspects

1. The Parties agree that, according to the specific needs of different regions and subregions, regional or sub-

regional centres for training and technology transfers regarding the management of hazardous wastes and other wastes

and the minimization of their generation should be established. The Parties shall decide on the establishment of

appropriate funding mechanisms of a voluntary nature.

2. The Parties shall consider the establishment ofa revolving fund to assist on an interim basis in case ofemergency

situations to minimize damage from accidents arising from transboundary movements of hazardous wastes and other

wastes or during the disposal of those wastes.

Article 15

Conference of the Parties

A Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be

1. convened by the Executive Director of UNEP not later than one year after the entry into force of this Convention.

Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the

Conference at its first meeting.

2. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed

necessary by the Conference, or at the written request of any Party, provided that, within six months ofthe request being

communicated to them by the Secretariat, it is supported by at least one third of the Parties.

3. The Conference of the Parties shall by consensus agree upon and adopt rules of procedure for itself and for any

subsidiary body it may establish, as well as financial rules to determine in particular the financial participation of the

Parties under this Convention.

4. The Parties at their first meeting shall consider any additional measures needed to assist them in fulfilling their

responsibilities with respect to the protection and the preservation of the marine environment in the context of this

Convention.

5. The Conference ofthe Parties shall keep under continuous review and evaluation the effective implementation

of this Convention, and, in addition, shall

(a)

Promote the harmonization of appropriate policies, strategies and measures for minimizing harm to

human health and the environment by hazardous wastes and other wastes;

(b)

Consider and adopt, as required, amendments to this Convention and its annexes, taking into

consideration, inter alia, available scientific, technical, economic and environmental information;

(c)

Consider and undertake any additional action that may be required for the achievement ofthe purposes

of this Convention in the light of experience gained in its operation and in the operation of the agreements and

arrangements envisaged in Article 11;

(d)

Consider and adopt protocols as required; and

(e)

Establish such subsidiary bodies as are deemed necessary for the implementation of this Convention.

6. The United Nations, its specialized agencies, as well as any State not Party to this Convention, may be

represented as observers at meetings of the Conference of the Parties. Any other body or agency, whether national or

international, governmental or ncin-governmental, qualified in fields relating to hazardous wastes or other wastes which

has informed the Secretariat of its wish to be represented as an observer at a meeting of the Conference of Parties, may

be admitted unless at least one third ofthe Parties present object. The admission and participation of observers shall be

subject to the rules of procedure adopted by the Conference of the Parties.

7. The Conference of the Parties shall undertake three years after the entry into force of this Convention, and at

least every six years thereafter, an evaluation of its effectiveness and, if deemed necessary, to consider the adoption of

a complete or partial ban of transboundary movements of hazardous wastes and other wastes in light of the latest

scientific, environmental, technical and economic information.

Article 16

Secretariat

1. The functions of the Secretariat shall be

(a)

To arrange for and service meetings provided for in Articles 15 and 17;

(b)

To prepare and transmit reports based upon information received in accordance with Articles 3, 4, 6, 11

and 13 as well as upon information derived from meetings ofsubsidiary bodies established under Article

15 as well as upon, as appropriate, information provided by relevant intergovernmental and non-

governmental entities;

(c)

To prepare reports on its activities carried out in implementation of its functions under this Convention

and present them to the Conference of the Parties;

(d)

To ensure the necessary coordination with relevant international bodies, and in particular to enter into

such administrative and contractual arrangements as may be required for the effective discharge of its

function;

(e)

To communicate with Focal Points and Competent Authorities established by the Parties in accordance

with Article 5 of this Convention;

(t)

To compile information concerning authorized national sites and facilities of Parties available for the

disposal of their hazardous wastes and other wastes and to circulate this information among Parties;

(g)

To receive and convey information from and to Parties on

sources of technical assistance and training;

available technical and scientific know-how;

sources of advice and expertise; and

availability of resources

with a view to assisting them, UpO,1 request, in such areas as

the handling of the notification system of this Convention;

the management of hazardous wastes and other wastes;

environmentally sound technologies relating to hazardous wastes and other wastes; such aiMow- and

non;;waste technology;

the assessment of disposal capabilities and sites;

the monitoring of hazardous wastes and other wastes; and

" emergency responses;

(h)

To provide Parties, upon request, with information on consultants or consulting firms having the

necessary technical competence in the field, which can assist them to examine a notification for a

transboundary movement, the concurrence of a shipment of hazardous wastes or other wastes with the

relevant notification, and/or the fact that the proposed disposal facilities for hazardous wastes or other

wastes are environmentally sound, when they have reason to believe that the wastes in question will not

be managed in an environmentally sound manner. Any such examination would not be at the expense of

the Secretariat;

(i)

To assist Parties upon request in their identification ofcases ofillegal traffic and to circulate immediately

to the Parties concerned any information it has received regarding illegal traffic;

G)

To co-operate with Parties and with relevant and competent international organizations and agencies in

the provision of experts and equipment for the purpose of rapid assistance to States in the event of an

emergency situation; and

(k)

To perform such other functions relevant to the purposes of this Convention as may be determined by

the Conference of the Parties.

2. The Secretariat functions will be carried out on an interim basis by UNEP until the completion of the first

meeting of the Conference of the Parties held pursuant to Article 15.

3. At its first meeting, the Conference of the Parties shall designate the Secretariat from among those existing

competent intergovernmental organizations which have signified their willingness to carry out the Secretariat functions

under this Convention. At this meeting, the Conference of the Parties shall also evaluate the implementation by the

interim Secretariat ofthe functions assigned to it, in particular under paragraph 1 above, and decide upon the structures

appropriate for those functions.

Article 17

Amendment of the Convention

1. Any Party may propose amendments to this Convention and any Party to a protocol may propose amendments

to that protocol. Such amendments shall take due account, inter alia, of relevant scientific and technical considerations.

2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments

to any protocol shall be adopted at a meeting of the Parties to the protocol in question. The text of any proposed

amendment to this Convention or to any protocol, except as may otherwise be provided in such protocol, shall be

communicated to the Parties by the Secretariat at least six months before the meeting at which it is proposed for

adoption. The Secretariat shall also communicate proposed amendments to the Signatories to this Convention for

information.

3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by

consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last

resort be adopted by a three-fourths majority of the Parties present and voting at the meeting, and shall be submitted

by the Depositary to all Parties for ratification, approval, formal confirmation or acceptance.

4. The procedure mentioned in paragraph 3 above shall apply to amendments to any protocol, except that a two-

thirds majority of the Parties to that protocol present and voting at the meeting shall suffice for their adoption.

5. Instruments of ratification, approval, formal confirmation or acceptance ofamendments shall be deposited with

the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force between Parties

having accepted them on the ninetieth day after the receipt by the Depositary oftheir instrument ofratification, approval,

formal confirmation or acceptance by at least three-fourths of the Parties who accepted them or by at least two thirds

ofthe Parties to the protocol concerned who accepted them, except as may otherwise be provided in such protocol. The

amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of

ratification, approval, formal confirmation or acceptance of the amendments.

6. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or

negative vote.

Article 18

Adoption and Amendment of Annexes

1. The annexes to this Convention or to any protocol shall form an integral part of this Convention or of such

protocol, as the case may be and, unless expressly provided otherwise, a reference to this Convention or its protocols

constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to scientific, technical

and administrative matters.

2. Except as may be otherwise provided in any protocol with respect to its annexes, the following procedure shall

apply to the proposal, adoption and entry into force ofadditional annexes to this Convention or ofannexes to a protocol

(a)

Annexes to this Convention and its protocols shall be proposed and adopted according to the procedure

laid down in Article 17, paragraphs 2, 3 and 4;

(b)

Any Party that is unable to accept an additional annex to this Convention or an annex to any protocol

to which it is party shall so notify the Depositary, in writing, within six months from the date of the

communication of the adoption by the Depositary. The Depositary shall without delay notify all Parties

of any such notification received. A Party may at any time substitute an acceptance for a previous

declaration of objection and the annexes shall thereupon enter into force for that Party;

(c)

On the expiry of six months from the date ofthe circulation ofthe communication by the Depositary, the

annex shall become effective for all Parties to this Convention or to any protocol concerned, which have

not submitted a notification in accordance with the provision of subparagraph (b) above.

3. The proposal, adoption and entry into force of amendments to annexes to this Convention or to any protocol

shall be subject to the same procedure as for the proposal, adoption and entry into force of annexes to the Convention

or annexes to a protocol. Annexes and amendments thereto shall take due account, inter alia. of relevant scientific and

technical considerations.

4. If an additional annex or an amendment to an annex involves an amendment to this Convention or to any

protocol, the additional annex or amended annex shall not enter into force until such time the amendment to this

Convention or to the protocol enters into force.

Article 19

Verification

Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under

this Convention may inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform,

directly or through the Secretariat, the Party against whom the allegations are made. All relevant information should be

submitted by the Secretariat to the Parties.

Article 20

Settlement of Disputes

1. In case of a dispute between Parties as to the interpretation or application of, or compliance with, this

Convention or any protocol thereto, they shall seek a settlement ofthe dispute through negotiation or any other peaceful

means of their own choice.

2. Ifthe Parties concerned cannot settle their dispute through the means mentioned in the preceding paragraph, the

dispute, ifthe Parties to the dispute agree, shall be submitted to the International Court ofJustice or to arbitration under

the conditions set out in Annex VI on Arbitration. However, failure to reach common agreement on submission of the

dispute to the International Court of Justice or to arbitration shall not absolve the Parties from the responsibility of

continuing to seek to resolve it by the means referred to in paragraph 1.

3. When ratifying, accepting, approving, formally confirming or acceding to this Convention, or at any time

thereafter, a State or political and/or economic integration organization may declare that it recognizes as compulsory

ipso facto and without special agreement, in relation to any Party accepting the same obligation

(a)

submission of the dispute to the International Court of Justice; and/or

(b)

arbitration in accordance with the procedures set out in Annex VI.

Such declaration shall be notified in writing to the Secretariat which shall communicate it to the Parties.

Article 21

Signature

This Convention shall be open for signature by States, by Namibia, represented by the United Nations Council

for Namibia, and by political and/or economic integration organizations, in Basel on 22 March 1989, at the Federal

Department of Foreign Affairs of Switzerland in Berne from 23 March 1989 to 30 June 1989 and at United Nations

Headquarters in New York from 1 July 1989 to 22 March 1990.

Article 22

Ratification. Acceptance. Formal Confirmation or Approval

1. This Convention shall be subject to ratification, acceptance or approval by States and by Namibia, represented

by the United Nations Council for Namibia, and to formal confirmation or approval by political and/or economic

integration organizations. Instruments of ratification, acceptance, formal confirmation, or approval shall be deposited

with the Depositary.

2. Any organization referred to in paragraph 1 above which becomes a Party to this Convention without any of its

members States being a Party shall be bound by all the obligations under the Convention. In the case of such

organizations, one or more ofwhose member States is a Party to the Convention, the organization and its member States

shall decide on their respective responsibilities for the performance of their obligations under the Convention. In such

cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.

3. In their instruments offormal confirmation or approval, the organizations referred to in paragraph 1 above shall

declare the extent oftheir competence with respect to the matters governed by the Convention. These organizations shall

also inform the Depositary, who will inform the Parties ofany substantial modification in the extent oftheir competence.

Article 23

Accession

1. This Convention shall be open for accession by States, by Namibia, represented by the United Nations Council

for Namibia, and by political and/or economic integration organizations from the day after the date on which the

Convention is closed for signature. The instruments of accession shall be deposited with the Depositary.

2. In their instruments of accession, the organizations referred to in paragraph 1 above shall declare the extent of

their competence with respect to the matters governed by the Convention. These organizations shall also inform the

DepOsitary of any substantial modification in the extent of their competence.

3. The provisions of Article 22, paragraph 2, shall apply to political and/or economic integration organizations

which accede to this Convention.

Article 24

Right to Vote

1. Except as provided for in paragraph 2 below, each Contracting Party to this Convention shall have one vote.

2. Political and/or economic integration organizations, in matters within their competence, in accordance with

Article 22, paragraph 3, and Article 23, paragraph 2, shall exercise their right to vote with a number of votes equal to

the number oftheir member States which are Parties to the Convention or the relevant protocol. Such organizations shall

not exercise their right to vote if their member States exercise theirs, and vice versa.

Article 25

Entry into Force

1. This Convention shall enter into force on the ninetieth day after the day of deposit of the twentieth instrument

of ratification, acceptance, formal confirmation, approval or accession.

2. For each State or political and/or economic integration organization which ratifies, accepts, approves or formally

confirms this Convention or accedes thereto after the date of the deposit of the twentieth instrument of ratification,

acceptance, approval, formal confirmation or accession, it shall enter into force on the ninetieth day after the date of

deposit by such State or political and/or economic integration organization of its instrument of ratification, acceptance,

approval, formal confirmation or accession.

3. For the purpose ofparagraphs 1and 2 above, any instrument deposited by a political and/or economic integration

organization shall not be counted as additional to those deposited by member States of such organization.

Article 26

Reservations and Declarations

1. No reservation or exception may be made to this Convention.

2. Paragraph 1 ofthis Article does not preclude a State or political and/or economic integration organization, when

signing, ratifying, accepting, approving, formally confirming or acceding to this Convention, from making declarations

or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with

the provisions of this Convention, provided that such declarations or statements do not purport to exclude or to modify

the legal effects of the provisions of the Convention in their application to that State.

Article 27

Withdrawal

1. At any time after three years from the date on which this Convention has entered into force for a Party, that Party

may withdraw from the Convention by giving written notification to the Depositary.

2. Withdrawal shall be effective one year from receipt of notification by the Depositary, or on such later date as

may be specified in the notification.

Article 28

Depository

The Secretary-General of the United Nations shall be the Depository of this Convention and of any protocol

thereto.

Article 29

Authentic texts

The original Arabic, Chinese, English, French, Russian and Spanish texts of this Convention are equally

authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

Done at.

on the

day of

Annex I

CATEGORIES OF WASTES TO BE CONTROLLED

Waste Streams

Clinical wastes from medical care in hospitals, medical centers and clinics

Wastes from the production and preparation of pharmaceutical products

Waste pharmaceuticals, drugs and medicines

Wastes from the production, formulation and use ofbiocides and phytopharmaceuticals

Wastes from the manufacture, formulation and use of wood preserving chemicals

Wastes from the production, formulation and use of organic solvents

Wastes from heat treatment and tempering operations containing cyanides

Waste mineral oils unfit for their originally intended use

Waste oils/water, hydrocarbons/water mixtures, emulsions

Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) and/or

polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs)

Waste tarry residues arising from refining, distillation and any pyrolytic treatment

Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish

Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives

Waste chemical substances arising from research and development or teaching activities which are not identified

and/or are new and whose effects on man and/or the environment are not known

Wastes of an explosive nature not subject to other legislation

Wastes from production, formulation and use of photographic chemicals and processing materials

Wastes resulting from surface treatment of metals and plastics

Residues arising from industrial waste disposal operations

Wastes having as constituents

Metal carbonyls

Beryllium; beryllium compounds

Hexavalent chromium compounds

Copper compounds

Zinc compounds

Arsenic; arsenic compounds

Selenium; selenium compounds

Cadmium; cadmium compounds

Antimony; antimony compounds

Tellurium; tellurium compounds

Mercury; mercury compounds

Thallium; thallium compounds

Lead; lead compounds

Inorganic fluorine compounds excluding calcium fluoride

Inorganic cyanides

Acidic solutions or acids in solid form

Basic solutions or bases in solid form

Asbestos (dust and fibres)

Organic phosphorus compounds

Organic cyanides

Phenols; phenol compounds including chlorophenols

Ethers

Halogenated organic solvents

Organic solvents excluding halogenated solvents

Any congenor of polychlorinated dibenzo-furan

Any congenor of polychlorinated dibenzo-p-dioxin

Organohalogen compounds other than substances referred to in this Annex (e.g. Y39, Y41, Y42, Y43, Y44)

(a)

To facilitate the application ofthis Convention, and subject to paragraphs (b), (c) and (d), wastes listed in Annex

VIII are characterized as hazardous pursuant to Article 1, paragraph 1 (a), of this Convention, and wastes listed in

Annex IX are not covered by Article 1, paragraph 1 (a), of this Convention.

(b)

Designation of a waste on Annex VIII does not preclude, in a particular case, the use of Annex III to

demonstrate that a waste is not hazardous pursuant to Article 1, paragraph 1 (a), of this Convention.

(c)

Designation of a waste on Annex IX does not preclude, in a particular case, characterization of such a waste as

hazardous pursuant to Article 1, paragraph I (a), ofthis Convention ifit contains Annex I material to an extent causing

it to exhibit an Annex III characteristic.

(d)

Annexes VIII and IX do not affect the application of Article 1, paragraph 1 (a), of this Convention for the

purpose of characterization of wastes.·

Annex II

CATEGORIES OF WASTES REQUIRING SPECIAL CONSIDERATION

- Wastes collected from households

- Residues arising from the incineration of household wastes

Annex III

LIST OF HAZARDOUS CHARACTERISTICS

Characteristics

Explosive

An explosive substance or waste is a solid or liquid substance or waste (or mixture of

substances or wastes) which is in itself capable by chemical reaction of producing gas

at such a temperature and pressure and at such speed as to cause damage to the

surroundings.

Flammable liquids

The word "flammable" has the same meaning as "inflammable." Flammable liquids are

liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for

example, paints, varnishes, lacquers, etc., but not including substances or wastes

otherwise classified on account of their dangerous characteristics) which give off a

flammable vapour at temperatures ofnot more than 60.5 ° C, closed-cup test, or not more

than 65.6 °C, open-cup test. (Since the results of open-cup tests and ofclosed-cup tests

are not strictly comparable and even individual results by the same test are often variable,

Decision IV/9 adopted by COP4 in 1998 amended the Annex I by adding these four

paragraphs (a, b, c and d) at the end of Annex I, and added two additional Annexes to the

Convention, Annex VIII and Annex IX.

Corresponds to the hazard classification system included in the United Nations Recommendations on the Transport of

Dangerous Goods (ST/SG/AC.1O/1Rev.5, United Nations, New York, 1988)

regulations varying from the above figures to make allowance for such differences would

be within the spirit of this definition.)

Flammable solids

Solids, or waste solids, other than those classed as explosives, which under conditions

encountered in transport are readily combustible, or may cause or contribute to fire

through friction.

Substances or wastes liable to spontaneous combustion

Substances or wastes which are liable to spontaneous heating under normal conditions

encountered in transport, or to heating up on contact with air, and being then liable to

catch fire.

Substances or wastes which, in contact with water emit flammable gases

Substances or wastes which, by interaction with water, are liable to become

spontaneously flammable or to give off flammable gases in dangerous quantities.

Oxidizing

Substances or wastes which, while in themselves not necessarily combustible, may,

generally by yielding oxygen cause, or contribute to, the combustion of other materials.

Organic Peroxides

Organic substances or wastes which contain the bivalent-O-O- structure are thermally

unstable substances which may undergo exothermic self-accelerating decomposition.

Poisonous (Acute)

Substances or wastes liable either to cause death or serious injury or to harm health if

swallowed or inhaled or by skin contact.

Infectious substances

Substances or wastes containing viable micro organisms or their toxins which are known

or suspected to cause disease in animals or humans.

Corrosives

Substances or wastes which, by chemical action, will cause severe damage when in

contact with living tissue, or, in the case of leakage, will materially damage, or even

destroy, other goods or the means of transport; they may also cause other hazards.

Liberation oftoxic gases in contact with air or water

Substances or wastes which, by interaction with air or water, are liable to give off toxic

gases in dangerous quantities.

Toxic (Delayed or chronic)

Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin,

may involve delayed or chronic effects, including carcinogenicity.

Ecotoxic

Substances or wastes which if released present or may present immediate or delayed

adverse impacts to the environment by means of bioaccumulation and/or toxic effects

upon biotic systems.

Capable, by any means, after disposal, of yielding another material, e.g., leachate, which

possesses any of the characteristics listed above.

The potential hazards posed by certain ty pes of wastes are not yet fully documented; tests to define quantitatively

these hazards do not exist. Further research is necessary in order to develop means to characterize potential hazards

posed to man and/or the environment by these wastes. Standardized tests have been derived with respect to pure

substances and materials. Many countries have developed national tests which can be applied to materials listed in Annex

I, in order to decide if these materials exhibit any of the characteristics listed in this Annex.

Annex IV

DISPOSAL OPERATIONS

A. OPERATIONS WHICH DO NOT LEAD TO THE POSSIBILITY OF RESOURCE

RECOVERY, RECYCLING, RECLAMATION, DIRECT RE-USE OR

ALTERNATIVE USES

Section A encompasses all such disposal operations which occur in practice.

Deposit into or onto land, (e.g., landfill, etc.)

Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc.)

Deep injection, (e.g., injection of pumpable discards into wells, salt domes of naturally occurring repositories,

etc.)

Surface impoundment, (e.g., placement ofliquid or sludge discards into pits, ponds or lagoons, etc.)

Specially engineered landfill, (e.g., placement into lined discrete cells which are capped and isolated from one

another and the environment, etc.)

Release into a water body except seas/oceans

Release into seas/oceans including sea-bed insertion

Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which

are discarded by means of any of the operations in Section A

Physico chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures

which are discarded by means of any of the operations in Section A, (e.g., evaporation, drying, calcination,

neutralization, precipitation, etc.)

Incineration on land

Incineration at sea

Pennanent storage (e.g., emplacement of containers in a mine, etc.)

Blending or mixing prior to submission to any of the operations in Section A

Repackaging prior to submission to any of the operations in Section A

Storage pending any of the operations in Section A

B. OPERATIONS WHICH MAY LEAD TO RESOURCE RECOVERY, RECYCLING

RECLAMATION, DIRECT RE-USE OR ALTERNATIVE USES

Section B encompasses all such operations with respect to materials

legally defined as or considered to be hazardous wastes and which

otherwise would have been destined for operations included in Section A

Use as a fuel (other than in direct incineration) or other means to generate energy

Solvent reclamation/regeneration

Recycling/reclamation of organic substances which are not used as solvents

Recycling/reclamation of metals and metal compounds

Recycling/reclamation of other inorganic materials

Regeneration of acids or bases

Recovery of components used for pollution abatement

Recovery of components from catalysts

Used oil re-refining or other reuses of previously used oil

Land treatment resulting in benefit to agriculture or ecological improvement

Uses of residual materials obtained from any of the operations numbered RI-RIO

Exchange of wastes for submission to any of the operations numbered RI-RII

Accumulation of material intended for any operation in Section B

Annex V A

INFORMATION TO BE PROVIDED ON NOTIFICATION

Reason for waste export

Exporter of the waste lJ

2. Generator(s) of the waste and site of generation lJ

3.

4. Disposer of the waste and actual site of disposallJ

Intended carrier(s) of the waste or their agents, if known lJ

5.

6. Country of export of the waste

Competent authority 'J/

7. Expected countries oftransit

Competent authority '1:./

8. Country of import of the waste

Competent authority '1:./

9. General or single notification

10. Projected date(s) of shipment(s) and period oftime over which waste is to be exported and proposed itinerary

(including point of entry and exit) '1/

Means of transport envisaged (road, rail, sea, air, inland waters)

Information relating to insurance 11

12. Designation and physical description of the waste includingY number and UN number and its composition 21

13. and information on any special handling requirements including emergency provisions in case of accidents

14. Type of packaging envisaged (e.g. bulk, drummed, tanker)

Estimated quantity in weight/volume Q/

15. Process by which the waste is generated 1/

16.

17. For wastes listed in Annex I, classifications from Annex III: hazardous characteristic, H number, and UN class

18. Method of disposal as per Annex IV

19. Declaration by the generator and exporter that the information is correct

20. Information transmitted (including technical description of the plant) to the exporter or generator from the

disposer ofthe waste upon which the latter has based his assessment that there was no reason to believe that the

wastes will not be managed in an environmentally sound manner in accordance with the laws and regulations of

the country of import.

21. Information concerning the contract between the exporter and disposer.

Full name and address, telephone or telefax number and the name, address, telephone, tele?, or telefax number

of the person to be contacted.

Full name and address, telephone, telex or telefax number.

In the case of a general notification covering several shipments, either the expected dates ofeach shipment or,

if this is not known, the expected frequency of the shipments will be required.

Information to be provided on relevant insurance requirements and how they are met by exporter, carrier and

disposer.

The nature and the concentration of the most hazardous components, in terms of toxicity and other dangers

presented by the waste both in handling and in relation to the proposed disposal method.

In the case of a general notification covering several shipments, both the estimated total quantity and the

estimated quantities for each individual shipment will be required.

Insofar as this is necessary to assess the hazard and determine the appropriateness of the proposed disposal

operation.

AnnexVB

INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT

Exporter of the waste II

1.

2. Generator(s) of the waste and site of generation!!

Disposer of the waste and actual site 0; disposal !!

3. Carrier(s) of the waste 11 or his agent(s)

4.

5. Subject of general or single notification

6. The date the transboundary movement started and date(s) and signature on receipt by each person who takes

charge of the waste

Means ~f transport (road, rail, inland waterway, sea, air) including countries of export, transit and import, also

7. point of entry and exit where these have been designated

8. General description of the waste (physical state, proper UN shipping name and class, UN number, Y number

and H number as applicable)

9. Information on special handling requirements including emergency provision in case of accidents

10. Type and number of packages

11. Quantity in weight/volume

12. Declaration by the generator or exporter that the information is correct

13. Declaration by the generator or exporter indicating no objection from the competent authorities of all States

concerned which are Parties

14. Certification by disposer of receipt at designated disposal facility and indication of method ofdisposal and of

the approximate date of disposal.

The information required on the movement document shall where possible be integrated in one document with

that required under transport rules. Where this is not possible the information should complement rather than duplicate

that required under the transport rules. The movement document shall carry instructions as to who is to provide

information and fill-out any form.

Full name and address, telephone or telefax number and the name, address, telephone, telex or telefax number

of the person to be contacted in case of emergency.

Annex VI

ARBITRATION

Article 1

Unless the agreement referred to in Article 20 of the Convention provides otherwise, the arbitration procedure

shall be conducted in accordance with Articles 2 to 10 below.

Article 2

The claimant party shall notify the Secretariat that the Parties have agreed to submit the dispute to arbitration

pursuant to paragraph 2 or paragraph 3 of Article 20 and include, in particular, the Articles of the Convel1tion the

interpretati.on or application of which are at issue. The Secretariat shall forward the information thus received to all

Parties to the Convention.

Article 3

The arbitral tribunal shall consist ofthree members. Each ofthe Parties to the dispute shall appoint an arbitrator,

and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the

chainnan of the tribunal. The latter shall not be a national of one of tl!e Parties to the dispute, nor have his usual place

of residence in the territory ofone ofthese Parties, nor be employed by any ofthem, nor have dealt with the case in any

other capacity.

Article 4

1. If the chairman of the arbitral tribunal has not been designated within two months of the appointment of the

second arbitrator, the Secretary-General ofthe United Nations shall, at the request ofeither Party, designate him within

a further two months period.

2. Ifone ofthe Parties to the dispute does not appoint an arbitrator within two months ofthe receipt of the request,

the other Party may inform the Secretary-General ofthe United Nations who shall designate the chairman ofthe arbitral

tribunal within a further two months' period. Upon designation. the chairman of the arbitral tribunal shall request the

Party which has not appointed an arbitrator to do so within two months. After such period, he shall inform the Secretary-

General ?fthe United Nations, who shall make this appointment within a further two months' period.

Article 5

The arbitral tribunal shall render its decision. in accordance with international law and in accordance with the

provisions of this Convention.

2. Any arbitral tribunal constituted under the provisions of this Annex shall draw up its own rules of procedure.

Article 6

1. The decisions of the arbitral tribunal both on procedure and on substance, shall be taken by majority vote of its

members.

2. The tribunal may take all appropriate measures in order to establish the facts. It may, at the request of one of

the Parties, recommend essential interim measures of protection.

3. The Parties to the dispute shall provide all facilities necessary for the effective conduct of the proceedings.

4. The absence or default of a Party in the dispute shall not constitute an impediment to the proceedings.

Article 7

The tribunal may hear and determine counter-claims arising directly out of the subject-matter of the dispute.

Article 8

Unless the arbitral tribunal determines otherwise because ofthe particular circumstances ofthe case, the expenses

of the tribunal, including the remuneration of its members, shall be borne by the Parties to the dispute in equal shares.

The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereoft\> the Parties.

Article 9

Any Party that has an interest of a legal nature in the subject-matter ofthe dispute which may be affected by the

decision in the case, may intervene in the proceedings with the consent of the tribunal.

Article 10

1. The tribunal shall render its award within five months of the date on which it is established unless it finds it necessary to

extend the time-limit for a period which should not exceed five months.

2. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon the

Parties to the dispute.

3. Any dispute which may arise between the Parties concerning the interpretation or execution of the award may be submitted

by either Party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another tribunal

constituted for this purpose in the same manner as the first.

Annex VII

Annex VII is not yet into force. Annex VII is an integral part ofAmendment. It was adopted in 1995 by Decision IIVI

which amended the Basel Convention. ***

Annex VIII

LIST A

Wastes contained in this Annex are characterized as hazardous under Article I, paragraph 1 (a), of this Convention, and

their designation on this Annex does not preclude the use of Annex ill to demonstrate that a waste is not hazardous.

Al

Metal and metal-bearing wastes

AlOlO

Metal wastes and waste consisting of alloys of any of the following

•

Antimony

•

Arsenic

•

Beryllium

•

Cadmium

•

Lead

•

Mercury

•

Selenium

•

Tellurium

•

Thallium

but excluding such wastes specifically listed on list B.

•••

Decision IIUl (AMENDMENT TO THE BASEL CONVENTION)

'The Conference,

Decides to adopt the following amendment to the Convention

"Insert new preambular paragraph 7 bis

Recognizing that transboundary movements of hazardous wastes, especially to developing countries, have a high risk of not constituting an

environmentally sound management of hazardous wastes as required by this Convention;

Insert new Article 4A

1. Each Party listed in Annex VII shall prohibit all transboundary movements of hazardous wastes which are destined for operations according to

Annex IV A, to States not listed in Annex Vll.

2. Each Party listed in Annex Vll shall phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous

wastes under Article 1(1)(a) of the Convention which are destined for operations according to Annex IV B to States not listed in Annex VII. Such transboundary

movement shall not be prohibited unless the wastes in question are characterised as hazardous under the Convention.

Annex Vll

Parties and other States which are members of OECD, EC, Liechtenstein"

Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following

Antimony; antimony compounds

Beryllium; beryllium compounds

Cadmium; cadmium compounds

Lead; lead compounds

Selenium; selenium compounds

Tellurium; tellurium compounds

Wastes having as constituents or contaminants any of the following

• Arsenic; arsenic compounds

• Mercury; mercury compounds.

• Thallium; thallium compounds

Wastes having as constituents any of the following

• -Metal carbonyls

• Hexavalent chromium compounds

Galvanic sludges

Waste liquors from the pickling of metals

A 1070 Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, etc.

Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit

Annex ill characteristics

Ashes from the incineration of insulated copper wire

Dusts and residues from gas cleaning systems of copper smelters

Spent electrolytic solutions from copper electrorefining and electrowinning operations

Waste sludges, excluding anode slimes, from electrolyte purification systems in copper electrorefining and

electrowinning operations

Spent etching solutions containing dissolved copper

Waste cupric chloride and copper cyanide catalysts

A1150 Precious metal ash from incineration of printed circuit boards not included on list B 1

Waste lead-acid batteries, whole or crushed

Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing

Annex I constituents to an extent to render them hazardous.

Note that mirror entry on list B (B1160) does not specify exceptions.

Waste electrical and electronic assemblies or scrap2 containing components such as accumulators and other batteries

included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors,

or contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) to an extent

that they possess any of the characteristics contained in Annex ill (note the related entry on list B Bill0)3

Wastes containing principally inorganic constituents, which may contain metals and organic materials

A2010 Glass waste from cathode-ray tubes and other activated glasses

Waste inorganic fluorine compounds in the form of liquids or sludges but excluding such wastes specified on list B

A2030 Waste catalysts but excluding such wastes specified on list B

Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it

exhibits an Annex ill hazardous characteristic (note the related entry on list B B2080)

A2050 Waste asbestos (dusts and fibres)

A2060 Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex ill

characteristics (note the related entry on list B B2050)

Wastes containing principally organic constituents which may contain metals and inorganic materials

A3010 Waste from the production or processing of petroleum coke and bitumen

A3020 Waste mineral oils unfit for their originally intended use

Wastes that contain, consist of or are contaminated with leaded anti-knock compound sludges

A3040 Waste thermal (heat transfer) fluids

A3050 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes

specified on list B (note the related entry on list B B4020)

A3060 Waste nitrocellulose

A3070 Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludges

A3080 Waste ethers not including those specified on list B

A3090 Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note the

related entry on list B B31 00)

Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles

containing hexavalent chromium compounds or biocides (note the related entry on list B B3090)

Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the

related entry on list B B3110)

This entry does not include scrap assemblies from electric power generation.

3 PCBs are at a concentration level of 50 mglkg or more.

Fluff -light fraction from shredding

Waste organic phosphorous compounds

Waste non-halogenated organic solvents but excluding such wastes specified on list B

Waste halogenated organic solvents

Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations

A3170 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane,

vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB),

polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any

other polybrominated analogues of these compounds, at a concentration level of 50 mglkg or more 4

'

Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of

organic materials

Wastes which may contain either inorganic or organic constituents

Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes specified on

list B

Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and

wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects

Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides

and herbicides which are off-specification, outdated,S or unfit for their originally intended use

'

Wastes from the manufacture, formulation and use of wood preserving chemicals 6

Wastes that contain, consist of or are contaminated with any of the following

Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic cyanides

Organic cyanides

A4060 Waste oils/water, hydrocarbons/water mixtures, emulsions

Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any

such waste specified on list B (note the related entry on list B B4010)

Wastes of an explosive nature (but excluding such wastes specified on list B)

Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related entry

on list B B2120)

The 50 mglkg level is considered to be an internationally practical level for all '!'astes. However, many individual countries have established lower

regulatory levels (e.g., 20 mglkg) for specific wastes.

"Outdated" means unused within the period recomrrended by the manufacturer.

This entry does not include wood treated with wood preserving chemicals.

Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes specified

on list B

Wastes that contain, consist of or are contaminated with any of the following

Any congenor of polychlorinated dibenzo-furan

Any congenor of polychlorinated dibenzo-dioxin

Wastes that contain, consist of or are contaminated with peroxides

Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex ill hazard

characteristics

Waste consisting of or containing off specification or outdated 7 chemicals corresponding to Annex I categories and

exhibiting Annex ill hazard characteristics

A4150 Waste chemical substances arising from research and development or teaching activities which are not identified

and/or are new and whose effects on human health and/or the environment are not known

Spent activated carbon not included on list B (note the related entry on list B B2060)

Annex IX

LISTB

Wastes contained in the Annex will not be wastes covered by Article I, paragraph 1 (a), of this Convention unless they

contain Annex I material to an extent causing them to exhibit an Annex ill characteristic.

Metal and metal-bearing wastes

Metal and metal-alloy wastes in metallic, non-dispersible form

Precious metals (gold, silver, the platinum group, but not mercury)

Iron and steel scrap

Copper scrap

Nickel scrap

Aluminium scrap

Zinc scrap

Tin scrap

Tungsten scrap

Molybdenum scrap

Tantalum scrap

Magnesium scrap

Cobalt scrap

Bismuth scrap

Titanium scrap

Zirconium scrap

Manganese scrap

Germaniurn scrap

Vanadium scrap

Scrap of hafnium, indium, niobium, rhenium and gallium

Thorium scrap

Rare earths scrap

"Outdated" means unused within the period recommended by the manufacturer.

BIOl0 Oean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc), of

• Antimony scrap

• Beryllium scrap

• Cadmium scrap

• Lead scrap (but excluding lead-acid batteries)

• - Selenium scrap

• Tellurium scrap

Refractory metals containing residues

Scrap assemblies from electrical. power generation not contaminated with lubricating oil, PCB or PCT to an extent

to render them hazardous

Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to

exhibit Annex ill characteristics 8

Waste selenium and tellurium in metallic elemental form including powder_

Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they

exhibit Annex ill characteristics

B 1080 Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in

concentration such as to exhibit Annex ill characteristics or exhibiting hazard characteristic H4.3 9

B 1090 Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury

Metal-bearing wastes arising from melting, smelting and refining of metals

Hard zinc spelter

Zinc-containing drosses

Galvanizing slab zinc top dross (>90% Zn)

Galvanizing slab zinc bottom dross (>92% Zn)

Zinc die casting dross (>85% Zn)

Hot dip galvanizers slab zinc dross (batch) (>92% Zn)

Zinc skimmings

Aluminium skimmings (or skims) excluding salt slag

Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an extent

th&t they exhibit Annex ill hazard characteristics

Wastes of refractory linings, including crucibles, originating from copper smelting

Slags from precious metals processing for further refining

Tantalum-bearing tin slags with less than 0.5% tin

• Note that even where low level contamination with Annex I materials initially exists, subsequent processes, including recycling processes, may result in

separated fractions containing significantly enhanced concentrations of those Annex I materials.

1be status ofzinc ash is currently under review and there is a recommendation with the United Nations Conference on Trade and Development (UNCTAD)

that zinc ashes should not be dangerous goods.

BIII0 Electrical and electronic assemblies

•

Electronic assemblies consisting only of metals or alloys

•

Waste electrical and electronic assemblies or scraplO (including printed circuit boards) not containing components

such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and

other activated glass and PCB-capacitors, or not contaminated with Annex I constituents (e.g., cadmium, mercury,

lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any

of the characteristics contained in Annex ill (note the related entry on list A Al180)

•

Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for

direct reuse,u and not for recycling or final disposaP2

B1l20

Spent catalysts excluding liquids used as catalysts, containing any of

Transition metals,

Scandium

Titanium

excluding waste

Vanadium

Chromium

catalysts (spent

Manganese

Iron

catalysts, liquid

Cobalt

Nickel

used catalysts or

Copper

Zinc

other catalysts) on list

Yttrium

Zirconium

A

Niobium

Molybdenum

Hafnium

Tantalum

Tungsten

Rhenium

Lanthanides (rare

Cerium

Lanthanum

earth metals)

Neody

Praseodymium

Europium

Samarium

Terbium

Holmium

Thulium

Gadolinium

Lutetium

Dysprosium

Erbium

Ytterbium

B1130 Cleaned spent preCious-metal-bearing catalysts

Bll40 Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides

B1150 Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid form

with appropriate packaging and labelling

Bll60 Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A AlISO)

B1l70 Precious-metal ash from the incineration of photographic film

This entry does not include scrap from electrical power generation.

Reuse can include repair, refurbishment or upgrading, but not major reassembly.

II

In some countries these materials destined for direct re-use are not considered wastes.

Waste photographic film containing silver halides and metallic silver

BII90

Waste photographic paper containing silver halides and metallic silver

Granulated slag arising from the manufacture of iron and steel

B1210 Slag arising from the manufacture of iron and steel including slags as a source of Ti0 2 and vanadium

Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according

to industrial specifications (e.g" DIN 4301) mainly for construction

B1230 Mill scaling arising from the manufacture of iron and steel

Copper oxide mill-scale

Wastes containing principally inorganic constituents which may contain metals and organic materials

B2010 Wastes from mining operations in non-dispersible form

Natural graphite waste

Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise

Mica waste

Leucite, nepheline and nepheline syenite waste

Feldspar waste

Fluorspar waste

Silica wastes in solid form excluding those used in foundry operations

Glass waste in non-dispersible form

Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses

Ceramic wastes in non-dispersible form

Cermet wastes and scrap (metal ceramic composites)

Ceramic based fibres not elsewhere specified or included

Other wastes containing principally inorganic constituents

Partially refined calcium sulphate produced from flue-gas desulphurization (FGD)

Waste gypsum wallboard or plasterboard arising from the 'demolition of buildings

Slag from copper production, chemically stabilized, having a high iron content (above 20%) and processed according

to industrial specifications (e.g" DIN 4301 and DIN 8201) mainly for construction and abrasive applications

Sulphur in solid form

Limestone from the production of calcium cyanamide (having a pH less than 9)

Sodium, potassium, calcium chlorides

Carborundum (silicon carbide)

Broken concrete

Lithium-tantalum and lithium-niobium containing glass scraps

Coal-fired power plant fly-ash, not included on list A (note the related entry on list A A2060)

B2060 Spent activated carbon resulting from the treatment of potable water and processes of the food industry and vitamin

production (note the related entry on listAA4160)

Calcium fluoride sludge

Waste gypsum arising from chemical industy processes not included on list A (note the related entry on list A

A2040)

Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal

industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry)

Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials

used for gas cleaning, flocculation or filtration processes

Bauxite residue ("red mud") (pH moderated to less than 11.5)

Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise

hazardous (note the related entry on list A A4090)

Wastes containing principally organic constituents, which may contain metals and inorganic materials

Solid plastic waste

The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to

a specification

Scrap plastic of non-halogenated polymers and co-polymers, including but not limited to the following 13 ;

ethylene

styrene

polypropylene

polyethylene terephthalate

acrylonitrile

butadiene

polyacetals

polyamides

polybutylene

terephthalate

polycarbonates

polyethers

polyphenylene

sulphides

acrylic polymers

alkanes C10-C13 (plasticiser)

polyurethane (not containing CFCs)

polysiloxanes

polymethyl methacrylate

polyvinyl alcohol

polyvinyl butyral

polyvinyl acetate

Cured waste resins or condensation products including the following

urea formaldehyde resins

phenol formaldehyde resins

melamine formaldehyde resins

epoxy resins

alkyd resins

polyamides

It is understood that such scraps are completely polymerized.

• The following fluorinated polymer wastes l4

perfluoroethylenelpropylene (FEP)

perfluoroalkoxy alkane (PFA)

perfluoroalkoxy alkane (MFA)

polyvinylfluoride (PVF)

polyvinylidenefluoride (PVDF)

Paper, paperboard and paper product wastes

The following materials, provided they are not mixed with hazardous wastes

Waste and scrap of paper or paperboard of

unbleached paper or paperboard or of corrugated paper or paperboard

other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass

paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)

other, including but not limited to (1) laminated paperboard, (2) unsorted scrap.

B3030 Textile wastes

The following materials, provided they are not mixed with other wastes and are prepared to a specification

Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock)

not carded or combed

other

Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock

noils of wool or of fine animal hair

other waste of wool or of fine animal hair

waste of coarse animal hair

Cotton waste (including yarn waste and garnetted stock)

yarn waste (including thread waste)

garnetted stock

other

Flax tow and waste

Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.)

Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true

hemp and ramie)

Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave

Tow, noils and waste (including yarn waste and garnetted stock) of coconut

Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee)

Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not

elsewhere specified or included

Waste (including noils, yarn waste and garnetted stock) of man-made fibres

'4 _ Post-eonsumer wastes are excluded from this entry

- Wastes shall not be mixed

- Problems arising from open-burning practices to be considered

of synthetic fibres

of artificial fibres

Worn clothing and other worn textile articles

Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile

materials

sorted

other

B3040 Rubber wastes

The following materials, provided they are not mixed with other wastes

Waste and scrap of hard rubber (e.g., ebonite)

Other rubber wastes (excluding such wastes specified elsewhere)

B3050 Untreated cork and wood waste

Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

Cork waste: crushed, granulated or ground cork

.

B3060 Wastes arising from agro-food industries provided it is not infectious

Wine lees

Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, of a kind used in

animal feeding, not elsewhere specified or included

Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes

Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or

degelatinised

Fish waste

Cocoa shells, husks, skins and other cocoa waste

Other wastes from the agro-food industry excluding by-products which meet national and international requirements

and standards for human or animal consumption

B3070 The following wastes

• Waste of human hair

• Waste straw

• Deactivated fungus mycelium from penicillin production to be used as animal feed

B3080 Waste parings and scrap of rubber

B3090 Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles,

excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on

list A A3100)

B3100 Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the related

entry on list A A3090)

B3110 Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note the

related entry on list A A3110)

Wastes consisting of food dyes

Waste polymer ethers andwaste non-hazardous monomer ethers incapable of forming peroxides

Waste pneumatic tyres, excluding those destined for Annex IVA operations

Wastes which may contain either inorganic or organic constituents

Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents,

heavy metals or biocides to an extent to render them hazardous (note the related entry on listAA4070)

Wastes from production, formulation and use of resins,latex, plasticizers, glues/adhesives, not listed on listA, free of

solvents and other contaminants to an extent that they do not exhibit Annex ill characteristics, e.g., water-based, or

glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A A3050)

Used single-use cameras, with batteries not included on list A

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 2 — of Toxic and other Substances) Regulations, 2000 Open official source

The date of coming into force of these regulations is the 17th· Coming into force.

September, 2000.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Schedule 2 — of Toxic and other Substances) Regulations, 2000 Open official source

TRANSBOUNDARY MOVEMENT OF WASTE - Notification Document

BASEL CONVENTION

Nil

3. Notiftcation concerning (l): Notification

A (I) Single movement

(U) General notification 0

B (I) Disposal (no recovery)

(multiple movement)

(U) Recovery operation

4. Total Intended number of

S. Total Intended quantity (3)

shipments

Iitres

I-------------------~ 6. Intended date{s) or period of time for shlpment{s)

8. Disposal I recovery facility (name, location, address)

Fax

Tel

Registration No where applicable and Umit of validity

Contact person

.

9. Method{s) of disposal

D code I R code (4)

Technology employed·

• (attached detalls If necessary)

11. Mode{s) of transport (4)

12. Packaging Types (4)

14. Physical

(U) Special handling requlrements

characteristics (4)

17. Y Number (4)

18. H Number (4)

19. (i) UN Identiftcation number

(U) UN class (4)

UN shipping name

20. Concerned states, code number of competent authorities, and speclftc points of entry and exit

State of transit

State of import

23. Exporter'slGenerator's declaration: I c:ertIfy that tbe above information Is

complete and correct to my best knowledge. I also c:ertIfy that lepIIy-entbn:eable

written contractual obligatfons have heeD entered Into and that any applicable

Insurance or other ftnancial guarantees are or sbaII be In force covering the

transrrontier movement.

Name

SigDature

Date

FOR USE BY COMPETENT AUTHORITIES

24. To be completed by competent authority - Import (EEC, OECD)

25. Consent to the movement provided by the competent alUborlty

• transit (Basel)

of (country)

Consent given on

Consent expires on

Speclftc conditions (I)

Yes, see block 26 overleaf/annex

No

Name of competent authority,

stamp and/or signature

(2) Attach list If more than one

SCHEDULE 2 (continued)

TRANSBOUNDARY MOVEMENT OF WASTE - Notltkation Document

BASEL CONVENTION

LIst or abbreviations used In the notification document

DIsposal (NO RECOVERY) (Block 9)

RECOVERY OPERATIONS (Block 9)

DI Deposit into or onto Land (e.g. Landfill etc)

RI Use as a fuel (other than in direct incineration)

D2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soil etc)

or other means to generate energy

D3 Deep injection (e.g. injection of purnpable discards into walls, salt domes or naturally

R2 Solvent reclamationlregeneration

occurring respositories, etc)

R3 Recycling/reclamation of organic substances

D4 Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or

which are not

lagoons, etc)

used as solvents

OS Specially engineered Landfill, (e.g. placement into lined discrete cells which are

R4 Recyclinglreclamation of metals and metal

capped and isolated from one another and the environment, etc)

compounds

D6 Release into a water body except seas/oceans

R5 Recycling/reclamation of other inorganic

rn Release into seas/oceans including sea-bed insertion

materials

D8 Biological treatment not specified elsewhere in this which results in final

R6 Regeneration of acids or bases

compounds or mixtures which are discarded by means of any of the operations

R7 Recovery of components used for pollution

numbered 0 I to D2

abatement

D9 PhysiC<H:hemical treatment not specified elsewhere in this list which result in final

R8 Recovery of components from catalysts

compounds or mixtures which are discarded by means of ay of the operation numbered

R9 Used oil re-fining or other reuses of previously

01 to D2 (e.g. evaporation, drying calcination, etc)

used oil

DIO Incineration on land

RIO Land treatment resulting in benefit to

D II Incineration at sea

agriculture or ecological improvement

DI2 Permanent Storage, (e.g. emplacement of containers in a mine, etc)

RII uses of residential materials obtained from

DI3 Blending or mixing prior to submission to any of the operations numbered DI to 012

any of the operations numberedRI to RIO

014 Repackaging prior to submission to any of the operations numbered 01 to DI2

RI2 Exchange of wastes for submission to any of

DIS Storage pending any for the operations numbered 01 to D2

the operations numbered RI to RII

RI3 Accumulation of material intended for any

operation numbered RI to RI2

H NUMBER (Block 18) and UN CLASS (Block 19)

Means of transport (Block 11)

Packaging Types (Block 12)

Designation

UN Class H Number

R=Road

Drum

I.

2. Wooden barrel

= TrainIRail

I

HI

Explosive

3. Jenican

T

Inflammable liquids

4. Box

4.1

H4.1

Inflammable solids

5. Bag

S=Sea

Substances or wastes liable to spontaneous

4.2

H4.2

6. Composite packaging

combustion

A=Air

7. Pressure receptacle

Substances or wastes which, in contact with

H4.3

4.3

8. Bulk

water, emit inflammable gases

W = Inland Waterways

9. Other (specify)

5.1

HS.1

Oxidizing

Organic peroxides

HS.2

5.2

6.1

H6.1

Poisonous (acute)

Infectious Substances

6.2

H6.2

Conosives

Iiberatin of toxic gases in contact with air or

HIO

water

Toxic (delayed or chronic)

Hll

Physical Characteristics (Block 14)

HI2

Exotoxic

Capable, by means, after disposal, of

HI3

5. Liquid

I. Powdery/powder

yielding another material, e.g.leacbate,

2. Solid

which possesses any of the clwacteristics

6. Gaseous

7. Other (specify)

3. Viscous/paste

listed above

4. Sludgy

Y numbers (block 17) refer to categories of waste listed in Annexes I and n of the Basel Convention. These codes, as well as more detailed

infonnaion can be found in an Instruction Manual available from the Secretariat of the Basel Convention.

26. SPECIFIC CONDmON ON CONSENTING TO THE MOVEMENT

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 3 — of Toxic and other Substances) Regulations, 2000 Open official source

(1) These regulations control all operations relating to the Objective.

transit, export and import of toxic substances, and promote their

environmentally sound management.

(2) These regulations shall put into effect the obligations

on the transboundary movement of hazardous wastes and their disposal

as arising under the Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes and Their Disposal.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Schedule 3 — of Toxic and other Substances) Regulations, 2000 Open official source

TRANSBOUNDARY MOVEMENT OF WASTE • Movement Document

BASEL CONVENTION

4. Serial Number

1. i) Exporter (name, address)

3. Corresponding to

of Shipment

Notification No

Movement subject of (2)

Single nolificadon

General notification 0

Contact person

Tel

FaxlTelex

8. Disposer (name, address)

ti) Waste Generator (name, address) (1)

Contact person

Tel

Contact person

Tel

FaxlTelex

Actual Site of disposal

Site of Generation

9. Method(s) of disposal

2. Importer (name, address)

D code I R code (3)

Technology employed·

Contact person

Tel

·(Attach details if necessary)

FaxlTelex

6. 2 001 Carrier (name, address)

5. I-Carrier (name, address)

7. Last Carrier (name, address)

Registration No

Tel

FaxlTelex

Tel

FaxlTelex

Tel

FaxlTelex

10. Identity of means of transport (3)

ll. Identity of means of transport (3)

12. Identity of means of transport (3)

Date of transfer

Signature of Carrier's Representative

13. Designation and chemical composition of tile waste

14. Physical Characteristics (2)

IS. Waste identification code

17. Actual quantity

Kg

liters

in country of export

IWIC

in country of import

EWC

Other (specify)

18. Packaging'IYpe (3)

Customs code (H.S.)

Number.

16. OECO Classification (2)

19. UN Classification

UN Shipping name

and

Number

Amber

Red

UN Identification number

Other*CJ

UN Class (3)

H Number (3)

Ynumber

22. Exporter's declaration

20. Special handling requirements

I ec:ttify !bat the information in blocks 1 to 9 and 13 to 21 above is complete and correct to my best kDowled&e-

I also ec:ttify !bat legally-enforoeable wriltal c:ontraetua1 obligations have been eutered into, dill my lIIJPlic:IbJe

insUl"llllCC or otbec financial guarantees are in fon:e covering the transfrontier movement, and !bat all neces.-y

consents have been received from the competent authorities of the S _ ooncemed.

SignalUJ:e

Name

21. Actual date of shipment

Dale

TO BE COMPLETED BY lMPORTERlDISPOSER

23. Shipment received by Importer on (if not Disposer)

25. I certify tbat the disposalIrecovay

CJ

Kg

Quantity received

accepted

liters

of the waste described above has been

D

rejected (5)

Date

completed.

Signature

Name

Date

24. Shipment received by Importer on (if not Disposer)

Name

D

Quantity received

accepted

Kg

Liters

D

rejected (5)

Date

Signature

Name

Signature and stamp

Approximate date of disposal

Method of disposal

(1) Attach list, if more than one

(2) Enter X in appropriate box (3) See codes on tile reverse

(4) If more than three carriers, attach information as required in blocks 6 and 11 (5) Immediately contact Compoaeat Authorities

SCHEDULE 3 (continued)

TRANSBOUNDARY MOVEMENT OF WASTE - Movement Document

List of abbreviations used in the movement document

DISPOSAL (NO RECOVERY) (Block 9)

D 1 Deposit into or onto land (e.g. landfill etc.)

D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soil etc)

D 3 Deep injection (e.g. injection of pumpable discards into walls, salt domes or

naturally occuring repositories, etc)

D 4 Surface impoundment (e.g. placement ofliquid or sludge discards into pits, ponds

or lagoons, etc)

D 5 Specially engineered landfill, (e.g. placement into lined discrete cells which are

capped and isolated from one another and the environment, etc)

D 6 Release into a water body except seasloceans

D 7 Release into seas/oceans including sea-bed insertion

D 8 Biological treatment not specified elsewhere in this list which results in final

compounds or mixtures which are discarded by means of any of the operations numbered

01 toD2

D 9 Physico-chemical treatment not specified elsewhere in this list which result in

final compounds or mixtures which are discarded by means of any of the operations

numbered DI to D12 (e.g. evaporation, drying calcination, etc)

01 0 Incineration on land

D11 Incineration at sea

D12 Permanent Storage, (e.g. emplacement of containers in a mine, etc)

Dl3 Blending or mixing prior to submission to any of the operations numbered DI to

D14 Repackaging prior to submission to any of the operations numbered Dl to D12

D15 Storage pending any of the operations numbered D1 to D12

Means of transport (blocks 10 - 12) Packaging Types (block 18) H NUMBER AND UN CLASS (Block 19)

R=Road

1. Drum

UN Class

H Number

2. Wooden

T = TrainlRail

3. Jerrican

HI

4. Box

S=Sea

5. Bag

4.1

H4.1

6. Composite packaging

H4.2

4.2

A=Air

7. Pressure receptacle

8. Bulk

H4.3

4.3

W = Inland Waterways

9. Other (specify)

5.1

H5.1

H5.2

5.2

6.1

H6.1

H6.2

6.2

Physical Characteristics (block 14)

HIO

1. Powdery/powder

5. Liquid

6. Gaseous

2. Solid

HI2

7. Other (specify)

3. Viscous/paste

Hl3

4. Sludgy

FOR USE BY CUSTOMS OFFICES

Ippubblikat mid- Dipartiment ta' 1-Inforrnazzjoni - 3, Pjazza Kastilja - Published by the DepartmenJ of InfoT'TlUltion - 3. Castille Pliu:e

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 4 — of Toxic and other Substances) Regulations, 2000 Open official source

For the purpose of these regulations

Definitions.

"Director" means the Director for the Protection of the

Environment being the official as delegated in terms of article 3(3)

of the Act to be responsible for the protection of the environment

and delegated for the control, direction and management of the

Department for the Protection of the Environment, and includes

any officer in his Department who acts on his behalf, and, for the

purposes of any regulations made under the Act, the term "Director

responsible for the environment" or any other similar term, and

the term "Official responsible for the protection ofthe environment"

in the Act, shall be deemed to have the same meaning as "Director"

in these regulations;

"toxic substance" means any substance declared to be

toxic by virtue of articles 9 and 10 of the Act;

"Convention" or "Basel Convention" means the Convention

on the Transboundary Movements of Hazardous Waste and Their

Disposal which is an integral part of, and is included in Schedule 1

to these regulations;

"Competent Authority" means the national authority

responsible for receiving the notification of a transboundary

movement, and any information related to it, and for responding

to such a notification as provided in this law. It is responsible for

the control of transboundary movements of hazardous wastes and

other wastes;

"Competent Authority of other States Parties to the

Convention" means the governmental authority designated by any

Party to the Convention to be responsible within such geographical

area or areas as a Party may think fit, for receiving the notification

of a transboundary movement of hazardous wastes or other wastes

and any information related to it and for responding to such a

notification;

"waste" means any substance or object which is disposed of,

or is intended to be disposed of, or is required to be disposed of;

"hazardous wastes" means wastes which belong to any

category in Annexes I , II and VIII in Schedule 1 of these

regulations, and which by virtue of articles 9 and 10 of the Act, are

being declared to be toxic substances;

"management" means the collection, transport and disposal

of hazardous wastes or other wastes, including after-eare of disposal

sites;

"transboundary movement" means any movement of

hazardous wastes or other wastes from an area under the national

jurisdiction of one State to, or through an area under the national

jurisdiction of another State, or to or through an area not under the

national jurisdiction of any State, provided that at least two States

are involved in the movement;

"disposal" means any operations specified in Annex IV in

Schedule 1 to these regulations;

"environmentally sound management of hazardous wastes or

other wastes" means taking all practicable steps to ensure that

hazardous wastes or other wastes are managed in a manner which

will protect human health and the environment against the adverse

effects which may result from such wastes;

"environmentally sound manner" means in a manner which

will protect human health and the environment against the adverse

effects which may result from hazardous wastes or other wastes;

"approved site or facility" means a site or facility for the

disposal of hazardous wastes or other wastes which is authorised

or permitted to operate for such purpose by the Competent

Authority of the State where the site or facility is located;

"area under the national jurisdiction of a State" means any

land, marine area or air space within which such State exercises

administrative and regulatory responsibility in regard to the

protection of human health and, or the environment;

"State of export" means the State from which a transboundary

movement of hazardous wastes or other wastes is initiated or is

planned to be initiated;

"State of import" means a State to which a transboundary

movement of hazardous wastes or other wastes is planned, or takes

place for the purpose of disposal therein, or for the purpose of

loading prior to disposal in an area that is not under the national

jurisdiction of any State;

"import" means any entry into the national territory other than

entry for transit;

"export" means any exit from the national territory other than

exit for transit;

"State of transit" means any State, other than the State of

export or import, through which a movement of hazardous wastes

or other wastes is planned to take place;

"transit" means the continuous passage from one border to

another border through the national territory without storage, other

than temporary storage incidental to transport;

"exporter" means any person under the jurisdiction of the State

of export, who arranges for hazardous wastes or other wastes to be

exported;

"importer" means any person under the jurisdiction of the

State of import, who arranges for hazardous wastes or other wastes

to be imported;

"carrier" means any person who carries out the transport of

hazardous wastes and other wastes;

"generator" means any person whose activity produces

hazardous wastes or other wastes or, if that person is not known,

the person who is in possession and, or control of those wastes;

"disposer" means any person to whom hazardous wastes or

other wastes are shipped and who carries out the disposal of such

wastes;

"State concerned" means any State of export or import, or

transit;

"illegal traffic" means any transboundary movement of

hazardous wastes or other wastes as specified in regulation 36 of

these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 5 Designation of Competent Authority. — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority with respect to these regulations

shall be the Environment Protection Department.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 6 — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall determine which substances,

Substances covered.

and in which manner, are covered by these regulations, either ex officio

or by way of a declaration.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 7 Doubts relating to the interpretation. — of Toxic and other Substances) Regulations, 2000 Open official source

Any doubts relating to the interpretation of these regulations

shall be decided in accordance with the proceedings of the Basel

Convention.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 8 Duties of the Competent Authority. — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall ensure that the management

and transboundary movement of hazardous waste or other waste is

carried out in an environmentally sound manner. In doing so, the

Competent Authority may take any action whatsoever in order to ban,

restrict and control the management, transit, export and import of

hazardous waste or other waste.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 9 Pennit for transboundary movement of — of Toxic and other Substances) Regulations, 2000 Open official source

No person shall affect any proposed transboundary movement

of hazardous wastes or other wastes through the area under the national

jurisdiction of Malta unless in possession of a written permit from the

hazardous and other

Competent Authority.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 10 Request for transboundary movement. — of Toxic and other Substances) Regulations, 2000 Open official source

A person intending to affect transboundary movement of

hazardous waste or other waste shall request such a permit from the

Competent Authority by providing the information in Annex V A of

Schedule 1 and on the appropriate notification form in Schedule 2 to

these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 11 — of Toxic and other Substances) Regulations, 2000 Open official source

He shall also include the following information pertaining to 1 ~nfidditio~

the transboundary movement

(a)

the final destination of the waste;

(b) a timetable specifying expected dates of transit through

the area under the national jurisdiction of Malta;

(c) proof that the exporter, the carrier, the disposer, and the

site or facility for disposal are authorised to carry out the operations

in question in relation to the waste;

(d)

an emergency contingency plan in case of accidents;

(e)

certificate of insurance covering third party risks.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 12 — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall not accept such notification ~~ of

unless the language of notification and the emergency procedure supplied notification.

by the notifier is in the English language.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 13 — of Toxic and other Substances) Regulations, 2000 Open official source

The person affecting the transboundary movement of ~lli~g and

hazardous waste or other waste shall ensure that the hazardous waste or pac agmg.

other waste in question are labelled and packaged according to accepted

international standards.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 14 — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority may request any additional R~u~t for

h

d

h . h

d

. additional

.

In ormation were necessary an reserves t e ng t to eny any tranSIt information and

of hazardous wastes or other wastes.

denial for transit.

Competent Authority shall allow the export of hazardous Co~tions for f

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 15 — of Toxic and other Substances) Regulations, 2000 Open official source

The

. •

allowmg export 0

wastes and other wastes only If

hazardous and other

waste.

(a) Malta does not have the technical capacity and the

necessary facilities, capacity or suitable disposal sites in order to

dispose of the wastes in question in an environmentally sound and

efficient manner; or

the wastes in question are required as raw material for

(b)

recycling or recovery industries in the State of import; or

(c) the export is in accordance with an agreement or

arrangement that conforms to the requirements of Article 11 of

Schedule 1 to these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 16 — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall prohibit any transboundary Prohibition for

movement of hazardous waste and other waste

export.

(a)

to any point south of 60 degrees South latitude;

to any State which has imposed a ban on the import of

(b)

such wastes and has so notified Malta or the Secretariat of the

Basel Convention;

(c) to any State which cannot provide assurance as to its

capacity to dispose of such wastes in an environmentally sound

manner;

(d) to any State which is not a Party to the Basel Convention

except in the case of a State which is party to any bilateral,

multilateral or regional agreement, or arrangement which stipulates

provisions not less environmentally sound than those provided by

the Basel Convention and to which Malta is also a Party.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 17 Notification to Competent Authorities of other States. — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall notify, or ask the exporter to

notify, in writing, the competent authorities of the States concerned, in

a language acceptable to them, of the proposed transboundary

movement. Such notification shall contain detailed information as per

Annex V A of Schedule 1 and Schedule 2 to these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 18 Further conditions for export. — of Toxic and other Substances) Regulations, 2000 Open official source

Where export of hazardous waste and other waste is allowed

under regulation 14 of these regulations, the Competent Authority may

permit the exportation of hazardous wastes or other wastes only after

satisfying itself that the following conditions have been fulfIlled

(a) the exporter has formally applied at least 60 days in

advance for the transboundary movement of such wastes and has

provided the Competent Authority with the information requested

in terms of regulations 9 and 10 of these regulations, as well as

details on labelling in relation to the hazardous wastes and other

wastes he intends to export;

(b) a contract, to the satisfaction ofthe CompetentAuthority,

exists between the exporter and the disposer. Such a contract should

specify the environmentally sound management of the waste in

question;

(c) packaging, labelling and transportation are in conformity

with the recognised international rules, standards and practices;

(d) the written consent of the competent authorities of the

other States concerned have been received by the exporter in

accordance with regulation 16 of these regulations

Provided that in the case of a transit-State which has either

no policy of granting written consent in such cases, or has waived the

requirement of written consent, "tacit consent" shall be presumed after

60 days of acknowledged receipt by the transit-State of the request for

consent from the Competent Authority or the generator, as far as no

other conditions are imposed or objections raised by the transit-State in

question during such sixty-day period.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 19 — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall impose the following Conditions for

conditions upon the exporter with respect to transboundary movements ==~

of hazardous waste or other waste

(a) the exporter shall provide the information in Annex V B of

Schedule 1, and fill in and sign the movement document at Schedule

3 to these regulations; the exporter shall see that this movement

document accompanies the hazardous wastes in question; and

any transboundary movement of hazardous wastes or

(b)

other wastes shall be covered by insurance, bond or other guarantee

covering third party risks.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 20 — of Toxic and other Substances) Regulations, 2000 Open official source

If the transboundary movement of hazardous wastes or other TransboundaIy

·

movement which

wastes, to w hi c h consent 0 f th e S tates concerne d h as be en gIven, cannot cannot be

be completed in accordance with the terms of the contract, and if completed.

alternative arrangements cannot be made for their disposal in an

environmentally sound manner, the Competent Authority shall require

the exporter to take the wastes back, within 90 days from the time that

the Competent Authority of the State of import informed the Competent

Authority of Malta or the generator and the Secretariat of the Basel

Convention, or such other period of time as the Parties concerned agree.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 21 — of Toxic and other Substances) Regulations, 2000 Open official source

A permit for the multiple export of hazardous wastes or other Permit for multiple

wastes can be granted by the Competent Authority subject to the written exports.

consent of the States concerned, for a maximum period of one year, if

(a) the wastes have the same physical and chemical

characteristics, and

(b) they are shipped regularly to the same disposer via the

same customs office and via the same entry customs office of the

importing country, and in the case of transit, via the same customs

office of entry and exit of the State or States of transit, and

(c)

the States concerned agree to granting a similar permit.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 22 — of Toxic and other Substances) Regulations, 2000 Open official source

Hazardous wastes or other wastes may only be imported =er:::::::mr:~:s

subject to the written authorisation or permission of the Competent from C?mpetent

A U th on .t y.

Authonty

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 23 Conditions for import. — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority may consent in writing to the

import of hazardous wastes and other wastes provided the following

conditions are met

(a) the exporting State is a Party to the Basel Convention,

and the country of destination is Party to a bilateral, multilateral or

regional agreement or arrangement regarding transboundary

movement of hazardous wastes or other wastes in accordance with

Article 11 of Schedule 1 to these regulations;

it is not possible to dispose ofthe wastes within the territory

(b)

ofthe exporting State in an environmentally sound and efficient manner

or the wastes in question are required as raw material for recycling or

recovery industries in Malta, or the import is in accordance with an

agreement or arrangement that conforms with the requirements of

Article 11 of Schedule 1 to these regulations;

(c) the request complies with the requirements ofregulations

9 and 10 of these regulations and has been received at least 60

days in advance of the importation of such hazardous or other

wastes and contained the information required to the satisfaction

of the Competent Authority;

(d) the labelling, packaging and transportation identified in

the notification document conforms to the requirements of

recognised international rules, standards and practices;

(e) the specified approved site orfacility is capable ofmanaging

and disposing of the waste in an environmentally sound manner;

(f) the disposer guarantees in his contract with the exporter

the environmentally sound management of the wastes in question;

(g) the disposer shall within 60 days of receipt of the

hazardous wastes inform the exporter, the Competent Authority of

the State of export, and the Competent Authority of receipt of the

hazardous wastes in question and, in due course, the completion

of disposal as specified in the notification;

(h) a binding contract, to the satisfaction of the Competent

Authority, exists between the exporter and disposer specifying

environmentally sound management of the wastes in question;

(i) the importer and the disposer have a valid licence to deal

with the categories of hazardous wastes or other wastes proposed

for importa'ion;

(j) the generator, exporter, importer, disposer and carrier

have appropriate insurance or other adequate financial guarantee

covering third party risks;

(k) the importer or any agent acting on his behalf are resident

in Malta, or in the case of a corporation, have a place of business

in Malta.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 24 — of Toxic and other Substances) Regulations, 2000 Open official source

A permit for the multiple import of hazardous wastes or other Conditions for

wastes can be granted to the same disposer subject to the written consent multiple imports.

of the States concerned, for a maximum period of one year, if

(a) the wastes have the same physical and chemical

characteristics, and

(b) they are shipped regularly via the same customs office

and via the same entry customs office of the importing country,

and

(c) in the case of transit, via the same customs office of

entry and exit of the State or States of transit, and

(d)

the States concerned agree to grant a similar permit.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 25 — of Toxic and other Substances) Regulations, 2000 Open official source

The importer shall inform the Competent Authority upon Information of

receipt of each shipment of its details as referred to in the notification ~~:nt

document.

Authority.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 26 — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall promptly acknowledge the Ac~wl~gement

Icabon un d er regu I·

. 0 f any nob ·fi·

atlon 9 0 f t h

i·

ofnotlficanon.

receIpt

ese regu

atlOns.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 27 ision by — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall, within 60 days of the receipt Dec

C ompetent

of notification under regulations 9 and 22 of these regulations, make a Authority.

decision pursuant to regulations 14, 15 and 17 of these regulations and

may include specific conditions relating to the transport of hazardous

wastes or other wastes, and inform the exporter or the Competent

Authority of the State of export as appropriate.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 28 — of Toxic and other Substances) Regulations, 2000 Open official source

In case of a transboundary movement through a transit Sealed container.

country, the authority at the point of entry into its territory, shall ensure

that the container is sealed. The Authority should ensure, at the point of

exit, that such a seal has not been broken or is still valid, provided that

the Competent Authority may itself break or allow to be broken the seal

for purposes of investigation.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 29 Monitoring and — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall monitor activities conducted

==::f';mmt pursuant to any permit granted by it and, if the conditions of the permit

have not been met, may amend them as necessary, or, revoke the permit

if it has reason to believe that the wastes will not be managed in an

environmentally sound manner.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 30 Inspections. — of Toxic and other Substances) Regulations, 2000 Open official source

The Competent Authority shall have the power to conduct

both regular and random inspections of sites, facilities and cargo, and

to seize the shipments of hazardous wastes or other wastes that are the

object of illegal traffic.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 31 Take-back of illegally shipped waste. — of Toxic and other Substances) Regulations, 2000 Open official source

In the case of an illegal transboundary movement to another

country as a result of conduct on the part of the exporter or generator,

he shall ensure that the wastes are taken back, or the Competent Authority

will take them back at the expense of the exporter or generator.

In the case that such re-import is impracticable, or in the

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 32 Disposal in an environmentally sound manner. — of Toxic and other Substances) Regulations, 2000 Open official source

case the illegal transboundary movement cannot be attributed to a

particular person, the Competent Authority and the Competent Authority

of the other States concerned shall ensure that the wastes are otherwise

disposed of in an environmentally sound manner and in accordance

with the provisions of these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 33 Dlegal transboundary — of Toxic and other Substances) Regulations, 2000 Open official source

In the case of an illegal transboundary movement to Malta

as a result of conduct on the part of the importer or of the disposer, he

movement to Malta.

shall, in addition to the penal punishment stipulated in regulation 38 of

these regulations, ensure the environmentally sound management of

hazardous wastes and, or pay the appropriate sum estimated by the

Competent Authority in order to ensure the environmentally sound

disposal of the imported hazardous wastes or other wastes.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 34 Expenses to be — of Toxic and other Substances) Regulations, 2000 Open official source

Any expenses incurred by the Competent Authority in

borne by any person

processing applications for the transboundary movement and for

ensuring that the management and disposal of hazardous waste or other

waste is done in an environmentally sound manner shall be borne by

the importer, exporter, carrier, agent, or any other person otherwise

responsible for the transboundary movement, whichever the case may

be.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 35 Other obligations at law. — of Toxic and other Substances) Regulations, 2000 Open official source

The granting of any permit by the Competent Authority for

the purpose of these regulations shall not absolve the importer, exporter,

carrier, agent or any other persons in charge of the transboundary

movement, whichever the case may be, from any other legal obligations

in force.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 36 — of Toxic and other Substances) Regulations, 2000 Open official source

The provisions of these regulations shall also apply to any Application to

Government department, corporation, public authority or regulatory ~:~nt

body.

Offence against

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 37 — of Toxic and other Substances) Regulations, 2000 Open official source

Any person who -

these regulations.

(a) fails to comply with any provision of these regulations

or with any order lawfully given in terms of any provision of these

regulations; or

(b) contravenes any restriction, prohibition or requirement

imposed by or under these regulations; or

(c) acts in contravention of any provision of these

regulations; or

(d) conspires or attempts, or aids, abets, advertises, counsels

or procures any other person to contravene the provisions of these

regulations or to fail to comply with any such provisions, including

any order lawfully given in terms of any provision of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under these regulations,

shall be guilty of an offence against these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 38 — of Toxic and other Substances) Regulations, 2000 Open official source

(1) Any person who commits an offence against these Liabilityofperson

regulations shall be liable

guilty of an offence.

(a) on a first conviction, to a fine (multa) of not less than

five hundred Maltese liri (LM 500) but not exceeding fifty thousand

Maltese liri(LM 50,000);

(b) on a second or subsequent conviction, to a fine (multa)

of not less than one thousand Maltese liri (LM 1,000) but not

exceeding one hundred thousand Maltese liri (LM 100,000), or to

imprisonment for a term not exceeding two years, or to both such

fine and imprisonment.

(2) Nothing in these regulations shall preclude the Director

from taking any other action under article 47 of the Act with respect to

the observance of these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 39 — of Toxic and other Substances) Regulations, 2000 Open official source

Notwithstanding the provisions of regulation 38 of these expenses

payment°andf

regulations, the court shall order any person who has been found guilty revocation of

of an offence against these regulations to pay for the expenses incurred permit.

by the Competent Authority as a result of the said offence, and shall

order the revocation of the permit issued.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 40 Disqualification from holding pennit. — of Toxic and other Substances) Regulations, 2000 Open official source

The provisions of articles 23 and 30 of the Criminal Code

shall, mutatis mutandis, apply to proceedings, in respect of offences

against these regulations, sohowever that the disqualifications from

holding or obtaining a license, permit or authority shall in no case be

for a period less than one year.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 41 Courts of Magistrates as courts of criminal judicature. — of Toxic and other Substances) Regulations, 2000 Open official source

Notwithstanding the provisions of article 370 of the Criminal

Code, proceedings for an offence against these regulations shall be taken

before the Court of Magistrates (Malta) or the Court of Magistrates

(Gozo), as the case may be, and shall be in accordance with the

provisions of the Criminal Code regulating the procedure before the

said courts as courts of criminal judicature.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 42 Right of appeal. — of Toxic and other Substances) Regulations, 2000 Open official source

Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have the right of appeal to the Court of

Criminal Appeal from any judgement given by the Court ofMagistrates

(Malta) or the Court of Magistrates (Gozo) in respect of proceedings

for any offence against these regulations.

Malta Government Gazette — Legal Notice 2000 205 — of Toxic and other Substances) Regulations, 2000

Reg. 43 Language of schedules. — of Toxic and other Substances) Regulations, 2000 Open official source

Schedule 1, Schedule 2 and Schedule 3 to these regulations

are being published in the English language with the English text of

these regulations.

of Toxic and other Substances) Regulations, 2000

Table of Provisions (47)

Statutory Text (47 Articles)

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