Basel convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, commonly called the Basel Convention, is the multilateral environmental treaty that deals most comprehensively with hazardous wastes and other wastes. In particular, it is the most comprehensive global environmental agreement on hazardous and other wastes. It has more than 170 States Parties and aims to protect human health and the environment against adverse effects arising from the generation, management, transboundary movements, and disposal of hazardous and other wastes. The Basel Convention then regulates transboundary movements of hazardous and other wastes and obliges its Parties to ensure that such wastes are managed and disposed of in an environmentally responsible way .

History of the Organization

The transboundary transport of hazardous wastes attracted public attention in the 1980s. At that time, "toxic ships" such as the Katrin B or the Pelican, which sailed from port to port trying to unload their toxic cargoes, made headlines around the world. These tragic incidents were motivated in large part by the fact that industrialized countries had imposed stricter environmental regulations. As the cost of waste disposal soars, toxic waste traders in search of cheaper solutions began shipping hazardous waste to Africa, Eastern Europe, and other regions. Once they reached land, these shipments of waste were dumped, accidentally spilled, or improperly handled, leading to serious health problems, including deaths, and the poisoning of land, water, and air for decades. Therefore, in order to combat these practices, the Basel Convention was negotiated in the late 1980s with the help of the United Nations Environment program (UNEP) .

The Basel Convention is the result of intensive negotiations between representatives of different States, each with different economic, technical, and geographical situations. The first meeting took place in October 1987 in Budapest, Hungary. The experts decided that the convention should have 2 fundamental aspects:

• First, it should take the form of a framework Convention where it would then have to require other specific implementing instruments.
• Secondly, it should also contain and clearly specify the responsibility of the states involved in direct provisions for the control of transboundary movements of hazardous wastes.

The Conference of Plenipotentiaries on the Global Convention on the Control of Transboundary Movements of Hazardous Wastes was held in Basel, Switzerland, from 20 to 22 March 1989. In total, the Convention was signed by 105 states and the European Economic Community (EEC), but at first, only the EEC and 35 States signed immediately. Finally, the Basel Convention entered into force on 5 May 1992. In 1997 the EEC and 111 Parties were already part of it. The number of Parties has increased considerably, therefore the growing interest of the Parties in health and the environment is noticeable .

Functioning of the Organization

The Conference of the Parties is the main body of the Convention, of which all States Parties to the Convention are members. The Conference of the Parties tries to take decisions by consensus when it meets at least every two years. On the other hand, the secretariat of the Basel Convention services the Convention by providing logistical and substantive support to the Parties. This secretariat is administered by the United Nations Environment Program (UNEP). According to the UNEP, the Organization works in two main ways  :

• First, the Basel Convention regulates transboundary movements of hazardous wastes and other wastes by applying the so-called "Prior Informed Consent" procedure. Unless there is some kind of agreement between them, shipments to or from a non-Party are illegal. In addition, each Party to the Convention is required to enact appropriate national legislation to prevent and punish illegal traffic in hazardous wastes and other wastes.
• Second, the Basel Convention obliges Parties to ensure that hazardous wastes and other wastes are managed and disposed of in an environmentally sound manner. To achieve this, Parties need to minimize the quantities that cross borders and try to dispose of waste as close as possible to where it is generated. Therefore, strict controls have to be applied from the moment hazardous waste is generated to its storage, transport, treatment, reuse, recycling, recovery, and final disposal.

What constitutes waste under the Basel Convention?

The Parties decided that it was necessary to create lists of wastes that would be subject to and exempted from the Convention, to minimize confusion. So, in the Conference of the Parties held in Kuching, Malaysia, in February 1998, they created two lists  :

• List A: includes wastes characterized as hazardous under Article I (i)(a) of the Convention, such as wastes that contain arsenic, lead, mercury, or other chemicals and substances.
• List B: includes wastes that are not covered by Article I (i)(a) of the Convention unless they contain an Annex I material, such as scrap iron, steel or copper, certain electronic assemblies, etc.

It should be mentioned that there is a third list of waste being worked on, called List C, which includes materials such as PVC and PVC-coated cables .

Examples of Basel convention

• The Basel Convention requires that parties to the agreement take measures to reduce the transboundary movement of hazardous waste, and to ensure that any transboundary movement does not lead to improper disposal. This includes prohibiting the export of hazardous waste from a Party to a non-Party, and requiring that the exporting Party obtain prior informed consent from the receiving Party.
• The Basel Convention also requires Parties to take measures to ensure that hazardous waste is managed and disposed of in an environmentally sound manner. This includes requiring that hazardous waste is managed in accordance with applicable national and international standards, and that disposal is done in a way that does not harm human health and the environment.
• The Basel Convention also requires Parties to take measures to ensure that hazardous waste is properly tracked and monitored throughout its life cycle. This includes requiring the exporter to provide certain documentation, such as a movement document, when exporting hazardous waste. The movement document includes information on the type and quantity of the hazardous waste, the origin and destination of the waste, and the identity of the consignor and consignee.
• In addition, the Basel Convention requires that Parties take measures to prevent illegal traffic in hazardous waste. This includes requiring that all transboundary movements of hazardous waste be declared to the relevant authorities, and that the authorities investigate any suspected cases of illegal traffic.

Advantages of Basel convention

The Basel Convention brings with it a number of advantages for its Parties, including:

• Improved management of hazardous and other wastes, as the Convention sets out rules and standards for the handling, transport, storage, and disposal of such wastes.
• Increased transparency and accountability in the movement of hazardous and other wastes across borders. The Convention requires Parties to provide information on the transboundary movement of hazardous and other wastes, and allows for public access to this information.
• Enhanced protection of human health and the environment from the adverse effects of hazardous and other wastes. The Convention sets out rules and standards for the management and disposal of such wastes, which, if implemented properly, can help protect human health and the environment.
• Reduced illegal disposal of hazardous and other wastes. The Convention requires Parties to take measures to prevent and combat illegal activities involving the transboundary movement of hazardous and other wastes.
• Improved cooperation between Parties. The Convention encourages Parties to cooperate and facilitate the exchange of information and technology in relation to the management and disposal of hazardous and other wastes.
• Increased capacity-building and technology transfer. The Convention encourages Parties to develop and implement capacity-building measures and technology transfer programmes, which can help improve the management and disposal of hazardous and other wastes.

Limitations of Basel convention

The Basel Convention has several limitations in its implementation and enforcement, including:

• Lack of enforcement: The Convention does not have robust or specific enforcement mechanisms, making it challenging to hold Parties accountable for violations.
• Exemptions: The Convention includes exemptions for certain types of hazardous waste, particularly for military and nuclear waste, which can make it difficult to regulate transboundary movements.
• Unclear definitions: The Convention does not provide clear definitions for the types of hazardous waste that it covers, making it difficult to identify and regulate them.
• Lack of funding: The Convention does not have a designated funding source and relies on voluntary contributions from Parties, which can limit its effectiveness.
• Limited scope: The Convention does not cover all types of hazardous waste, such as electronic waste or medical waste, which can lead to problems with their management and disposal.

Other approaches related to Basel convention

The Basel Convention is an important tool for regulating transboundary movements of hazardous and other wastes and ensuring their responsible management and disposal. However, there are other approaches that can be used in conjunction with the Convention in order to effectively regulate hazardous and other wastes. These approaches include:

• International agreements and conventions: The Stockholm Convention on Persistent Organic Pollutants and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides are two international agreements that complement the Basel Convention and help to protect human health and the environment from hazardous chemicals and pesticides.
• National and regional laws: Countries and regions can develop their own laws and regulations to better regulate hazardous and other wastes. These laws and regulations can be tailored to the particular needs of a country or region and the type of waste that is being regulated.
• Voluntary and industry initiatives: Companies, industry associations, and other stakeholders can take voluntary initiatives to reduce their own waste and promote responsible waste management and disposal.

In conclusion, the Basel Convention is an important tool for regulating transboundary movements of hazardous and other wastes and ensuring their responsible management and disposal. However, there are other approaches such as international agreements and conventions, national and regional laws, and voluntary and industry initiatives that can be used in conjunction with the Convention to effectively regulate hazardous and other wastes.

Footnotes

Basel convention — recommended articles

International transport — Kyoto convention — Ecologically sustainable development — Transport infrastructure — Certificate of approval — Environmental policy — CMR convention — International acclaim — Copenhagen criteria

References

• Basel Convention: Technical Guidelines, (2012). Secretariat of the Basel Convention.
• Krueger, J., (1999). International Trade and the Basel Convention. The Royal Institute of International Affairs and Earthscan.
• The Basel Convention: A Global Solution for Controlling Hazardous Wastes, (1997). United Nations Environment Program (UNEP).
• The Basel Convention at a Glance…, (2011). Secretariat of the Basel Convention.

Author: Idoia Arregi