Multilateral Environmental Agreements

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

Status

Signed March 22, 1989
Ratified by Canada on August 28, 1992
Entered into force internationally on May 5, 1992
Entered into force in Canada on November 26, 1992

Objectives

The Convention seeks to control the transboundary movement of hazardous wastes and hazardous recyclable materials, and to promote their environmentally-sound management.

Commitments

Classification and tracking: The Convention establishes a core list of hazardous wastes and hazardous recyclable materials to be controlled when they exhibit one or more of the hazard characteristics set out in Annex III of the Convention, and allows the Parties to control wastes and recyclable materials beyond those in the core list. In 1998, two new waste Annexes were adopted (Annexes VIII and IX). The Convention also requires Parties to:

• establish a national authorization or licensing system for persons involved in the transport or disposal (including recycling or final disposal) of hazardous wastes or hazardous recyclable materials;
• require that a movement document accompany any hazardous wastes or hazardous recyclable materials subject to transboundary movement from the point of generation to the point of management; and
• establish national requirements for packaging, labelling and transport, in accordance with recognized international rules and standards.

Prohibition of Transboundary Movement of Hazardous Wastes: Parties may not carry out or authorize transboundary movements of hazardous wastes or hazardous recyclable materials:

• to States that are not Parties to the Convention unless they have a bilateral agreement under Article 11;
• to Antarctica;
• if the prospective State of destination has prohibited such imports;
• if appropriate disposal or recycling facilities are available in the State of origin unless the waste is needed as a raw material for recycling or recovery industries in the state of import; and
• if there is reason to believe that environmentally-sound management/disposal options are not available in the prospective State of destination.

Note that in September 1995, Parties adopted an amendment to immediately prohibit exports of hazardous wastes destined for final disposal from Annex VII countries to non-Annex VII countries and to phase out by December 31, 1997, and to prohibit as of that date, exports of hazardous recyclables from Annex VII to non-Annex VII countries. Currently, Annex VII consists of members of the European Union, the Organization for Economic Co-operation and Development (OECD), and Liechtenstein. The ban amendment comes into force after sixty-two ratifications and only applies to those Parties that ratify it. As of March 17, 2004, fourty-four Parties had ratified. Canada has not ratified the amendment.

Illegal Traffic and Duty to Re-Import: The State responsible for illegal traffic must ensure the proper management of the wastes or recyclables, if necessary by re-importation. If a transaction takes place in accordance with the Convention and management cannot be carried out as foreseen, the exporting State must find a suitable alternate arrangement or, if this is not possible, ensure re-importation.

Prior informed consent:

• where transboundary movement of hazardous wastes and hazardous recyclable materials is not prohibited in principle, Parties may only authorize movement after the states of import and transit have given written consent to the state of export, based on detailed information provided to them by that state.

General obligations:

• reduce the generation of hazardous wastes and hazardous recyclable materials, and keep their transboundary movement to a minimum;
• ensure environmentally-sound management of hazardous wastes and hazardous recyclable materials (a set of Technical Guidelines are being developed which will recommend means to accomplish this);
• co-operate in promoting new low-waste technologies with a view to eliminating, as far as practicable, the generation of hazardous wastes; and
• promote technical co-operation and exchange of information, especially to developing countries.

Reporting: Parties must annually provide information to the Secretariat on domestic legislation and policies and on hazardous wastes/hazardous recyclable materials import/export activity.

In December 2002 the Sixth Conference of the Parties of the Basel Convention adopted a compliance mechanism which includes a compliance committee of fifteen Party nominees. The Committee was elected in 2003 and held one organizational meeting that year. In 2004 it will be meeting in conjunction with the Third Meeting of the Open-ended Working Group and possibly at Conference of the Parties 7

Action Required

Environment Canada is the lead department, and is assisted by Health Canada, Industry Canada, Natural Resources Canada, Canada Border Services Agency, Transport Canada, and the Department of Foreign Affairs and International Trade.

Compliance with the Convention requires:

• legislation and regulations to implement the classification, import/export controls and tracking requirements, and environmentally-sound management;
• legislation and policy to implement the general obligations re: waste minimization;
• administrative procedures to administer and enforce the import/export regime;
• support for technical co-operation initiatives; and
• regular reporting.

The Canadian Environmental Protection Act (CEPA 1999) and Export and Import of Hazardous Waste Regulations (1992) provide the legal authority to implement the specific obligations (along with federal and provincial Transportation of Dangerous Goods legislation, which implement various forms of the prescribed classification scheme).

The new CEPA 1999 allows Canada to:

• fully implement its Basel obligations concerning the transboundary movement of hazardous wastes and hazardous recyclable materials;
• prohibit exports or imports of hazardous wastes and hazardous recyclable materials when required under international agreements or when the wastes will not be managed in an environmentally-sound manner;
• control the transboundary movements of prescribed non-hazardous wastes destined for final disposal;
• require exporters of hazardous wastes and prescribed non-hazardous wastes destined for final disposal to submit reduction plans; and
• prescribe conditions for the environmentally sound management of hazardous wastes and hazardous recyclable materials.

Environment Canada's Transboundary Movement Branch (TMB) administers the CEPA 1999 provisions and co-ordinates the reporting requirements and various technical co-operation initiatives. Headquarters (HQ) and regional enforcement officials enforce, in collaboration with customs, the Royal Canadian Mounted Police (RCMP), the provinces, and foreign officials.

Evidence of Compliance

The Transboundary Movement Branch (TMB) has sponsored various impact studies and client satisfaction studies. In addition, the regime has been the subject of reviews, including the 1997 Auditor General Report.

The main issues which continue to require attention are:

• whether to ratify the 1995 amendment banning exports to non-Annex VII countries;
• international agreement on what constitutes "environmentally-sound management";
• pursue work on dismantling of ships;
• monitoring of illegal traffic and enforcement of the Canadian Environmental Protection Act (CEPA 1999) provisions with respect to transboundary shipments of hazardous wastes and hazardous recyclable materials;
• develop technical guides on the persistent organic pollutants (POPS). These will be considered by the Stockholm Convention on POPs;
• whether to accede to the Protocol on liability and compensation; and
• harmonization of the Organization for Economic Co-operation and Development (OECD) and Basel waste lists.
  

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