Seventh Session of the Basel Convention Open-ended Working Group May 2010, Geneva Briefing to the Permanent Missions in Geneva Tuesday, 20 April 2010 Katharina Kummer Peiry Executive Secretary, Basel Convention

The OEWG Main subsidiary body of the Convention Composed of the representatives all interested Parties and open to observers Work programme decided by the COP Meets intersessionally between the COPs Mandate: Advice to COP, implementation of COP Decisions (Decision VI/36)

Organization of the OEWG-7 Dates: May 2010 Location: Geneva International Conference Center (CICG) Registration: as of 9 May, 9 a.m. to 6 p.m. Open-ended Coordination Group on the New Strategic Framework: 9 May, 9:30 a.m. to 6 p.m. at the CICG (to report back to OEWG-7)

Invitations, notifications, documents Invitations sent out to Parties and Signatories on 27 January UN IGOs and IAEA notified on 27 January 2010 BCRCs notified on 24 March 2010 Other bodies and agencies previously admitted to a COP to be notified this week Documents: 20 pre-session documents and 20 INF documents ( Delays in producing documents (synergies process / ExCOPs preparation)

Context: previous and future BC meetings COP-9: June 2008, Bali, Indonesia 1st COP-9 Expanded Bureau: June 2009, Geneva ICC-7: June 2009, Geneva ExCOP: February 2010, Bali, Indonesia Joint Bureaux meeting: November 2010 (tentative) 2nd COP-9 Expanded Bureau and ICC-8: TBD COP-10: October 2011, Cartagena de Indias, Colombia (tentative)

OEWG Bureau meetings Teleconference on 10 February 2010 Meeting in the margins of the ExCOPs, on 24 February 2010 Prior to OEWG-7, on 9 May, 3 p.m.

Participants and funding of participants Funding available for funded participants: 300,000 aprox., including: –65’000.- unspent balances from AHJWG-2/COP-9, –30’000.- from BD interest income, –140’000.- from unearmarked contributions –80’000.- from earmarked contributions received recently from three donors. Number of funded participants: 72

Organization of the session Bureau meeting: 9 May, 3 p.m., CICG Plenary: convened on Monday 10 May at 10 a.m. and scheduled to take place on Room 2 Contact groups: as advised by the Bureau. To meet in parallel to, between or after Plenary. Possible issues: Strategic Framework, Technical issues, and Ships dismantling Other informal groups: as decided by the OEWG

Provisional agenda (1) Consulted with the OEWG Bureau Based on the work programme of the OEWG for (decision IX/32) Nine substantive agenda items New agenda sub-item on the Indonesian- Swiss country-led initiative to improve the effectiveness of the Basel Convention

Provisional agenda (2) Item 4: Cooperation and coordination among BC/RC/SC Item 5: Strategic issues Item 6: Scientific and technical matters Item 7: Legal and compliance matters Item 8: Resource mobilization Item 9: International cooperation and coordination Item 10: Financial matters Item 11: Work programme of the OEWG for Item 14: Other matters

Cooperation and coordination among the BC/RC/SC (item 4) The OEWG will be invited to consider a Note from the Secretariat with information on: The arrangements to implement the Synergies Decisions The Simultaneous extraordinary meetings of the Conferences of the Parties to the Basel, Rotterdam and Stockholm conventions (ExCOPs), February 2010, Bali The OEWG will be invited to take note of the Omnibus Decision that was adopted by the ExCOP

Cooperation and coordination among the BC/RC/SC (2) Following the adoption of decision SC-4/34 by the fourth Conference of the Parties to the Stockholm Convention, the United Nations Environment Programme (UNEP) and the Secretariats of the Basel, Rotterdam and Stockholm Conventions initiated the relevant work in accordance with the mandates set out in the Synergies Decisions. A detailed description of the above arrangements can be found in the relevant documents submitted to the ExCOPs. These documents are available at

Cooperation and coordination among the BC/RC/SC (3) The Omnibus decision adopted by the ExCOPs addresses joint activities, joint managerial functions, joint services, synchronization of budget cycles, joint audits and review arrangements (Annex I of document UNEP/CHW/OEWG/7/INF/1. The implementation of the Omnibus decision by the Executive Director of UNEP in consultation with the Director General of FAO and the Executive Secretaries of the Basel, Rotterdam and Stockholm Conventions is ongoing The OEWG will be briefed orally on developments following the ExCOPs

New Strategic Framework (item 5a) Decision IX/3: NSF to succeed to the Strategic Plan, for a 10-year period Goal: for the Convention to promote the environmentally sound management of waste and play a decisive role in highlighting links between waste management and the achievement of MDGs and human health and livelihood Website section:

New Strategic Framework (2) Consultative meeting: 7-8 December 2009 Draft Strategic Framework: 16 March 2010 version Open-ended coordination group to meet on Sunday 9 May and report back to the OEWG-7 Contact group could be established to consider the draft Strategic Framework and the outputs of the coordination group

Basel Convention Regional and Coordinating Centres (item 5b) Mandate of the OEWG: –Review the operation of the centres and prepare a workplan for strengthening the Centres –Consider a proposal for the establishment of a regional centre The OEWG to consider a Note from the Secretariat and an INF document including: –Work plan for the strengthening of the Centres –List of the necessary elements for the performance of the core functions of the Centres –Draft strategic framework for the financial sustainability of the Centres –Set of indicators

Basel Convention Partnership Programme (item 5c) OEWG to review how the Secretariat has facilitated the global partnership activities contained in the Partnership Programme: –(i) the Ad hoc follow-up group on mobile phones; –(ii) the Partnership for Action on Computing Equipment; –(iii) the United Nations Framework Convention on Climate Change – Clean Development Mechanism Partnership; –(iv) the Mercury Partnership; and –(v) the Partnership toolkit. OEWG to consider progress made in relation to PACE and the progress report by the co-chairs of the PACE Working Group.

Indonesian-Swiss country-led initiative to improve the effectiveness of the Basel Convention (item 5d) Follow up to decision IX/26: COP-9 President statement on the possible way forward on the Ban amendement Switzerland and Indonesia launched a country-led initiative to discuss issues related to the transboundary movements of hazardous wastes, especially to developing countries and countries with economies in transition, which run contrary to the Amendment’s overarching objectives. OEWG invited to take note of the progress made under the initiative Representatives of the Indonesian and Swiss Governments to brief the Missions later this morning

Technical Guidelines (item 6a) The OEWG will consider updated versions of: –Revised technical guidelines on environmentally sound management of used tyres; –Technical guidelines on the environmentally sound management of mercury wastes; –Draft technical guidelines on co-processing of hazardous waste in cement kilns. The Secretariat will provide information on the development of draft technical guidelines on transboundary movements of e-waste, its work on mercury wastes and the issues arising from COP4 of Stockholm Convention on POPs Contact group could be established

Classification and hazard characterization of wastes (item 6b) The Secretariat will provide the OEWG with an update on the following issues: –(a) Revisions to the procedure for the review or adjustment of the lists of wastes contained in Annexes VIII and IX and the status of decision VII/21 (decision VIII/15); –(b) Review of work on the guidance papers on H10 and H11 pursuant to decision VIII/21 (decision IX/18); –(c) Harmonization and coordination (decision IX/20); –(d) Classification and hazard characterization of wastes: report on separate identification of certain wastes in Annexes VIII and IX to the Basel Convention in the WCO Harmonized Commodity Description and Coding System. Contact group could be established

Review of Issues under MPPI (item 6c) The five technical guidelines developed under MPPI have been tested, revised, agreed upon by the ad hoc follow-up group and placed on the Convention website in March The overall guidance document was revised to reflect the discussions at COP-9. It was posted on the website in April 2009 for comments by parties, signatories and other interested stakeholders. No comments have been received to date. The OEWG may wish to consider the revised guidance document.

Environmentally sound dismantling of ships (item 7a) Mandate of the OEWG: –Preliminary assessment whether the IMO International Convention adopted in Hong Kong for the safe and environmentally sound recycling of ships establishes an equivalent level of control and enforcement as that of the BC, after having developed criteria for this assessment. –Keep under review developments in this field and provide guidance, as appropriate, to the Secretariat

Environmentally sound dismantling of ships (2) The Hong Kong Convention was adopted on 15 May 2009 Five sets of comments on appropriate criteria to carry out a preliminary equivalency assessment have been received by the Secretariat The OEWG could decide to establish a contact group on the equivalency issue The OEWG may also consider information from the Secretariat on its programme for sustainable ship recycling in conjunction with other bodies (in particular IMO and the ILO)

Cooperation between the BC and the IMO (item 7b) Mandate of the OEWG: consider the respective competences of the BC and MARPOL 73/78, and develop recommendations The Secretariat has received no information or views since COP-9 The OEWG may consider information on the Secretariat’s strengthened cooperation with the IMO in relation to MARPOL 73/78 and other relevant IMO instruments and activities

Implementation of decision V/32 (item 7c) Mandate of the OEWG: –Review the implementation of decision V/32 on enlargement of the scope of the Trust Fund to Assist Developing and Other Countries in Need of Assistance in the Implementation of the Basel Convention, and –Develop recommendations on expediency of the procedures, adequacy of resources, and cooperation

Enforcement of the Convention and combatting illegal traffic (item 7d) OEWG to consider a Note from the Secretariat on its activities to assist Parties to enforce the Convention and combat illegal traffic, and to provide guidance to the Secretariat on these activities OEWG to consider possible further steps for the preparation of a draft instruction manual on the legal profession on the prosecution of illegal traffic Secretariat has also prepared a INF document on the work of the Implementation and Compliance Committee to ensure coordination between the work of the two subsidiary bodies

Addressing the interpretation of Article 17.5 of the BC (item 7f) Mandate of the OEWG: to continue the development of a draft decision to reach an agreed interpretation of Article 17.5, in accordance with international law, the work of COP-9 and a non-exhaustive list of possible elements for a draft decision Since COP-9, the Secretariat has not received further comments on this issue The OEWG-7 has before it the non-exhaustive list of possible elements for a draft decision

Resource mobilization and sustainable financing (item 8) Mandate of the OEWG: monitor and provide guidance on the implementation of decision VIII/34 on resource mobilization and sustainable financing OEWG to consider a Note from the Secretariat on its resource mobilization efforts, including on: –the implementation of synergies activities together with the Rotterdam and Stockholm conventions, –the consultative process on financing chemicals and waste agenda lead by the Executive Director of UNEP, and –Cooperation with the Global Environment Facility regarding waste-related projects OEWG also to consider the Secretariat’s efforts for resource mobilization at the regional level through the Basel Convention Regional and Coordinating Centres.

International cooperation and coordination (item 9) Mandate of the OEWG: to provide guidance to the Secretariat on means to enhance international cooperation and coordination OEWG to consider a Note from the Secretariat including information on: –the status of its request for observer status in the WTO CTE –the Secretariat’s various cooperative activities since COP-9.

Financial Matters (item 10) Mandate of the OEWG: –Consider a proposal for using any increase in the reserve and fund balance of the Basel Convention Trust Fund to increase the operational budget for –Finalize the programme activities for 2011 and, if appropriate, take note of any changes in the funding required from the Technical Cooperation Trust Fund. –Consider measurable indicators of achievement and performance As of 1 October 2008, Parties’ unpaid contributions for 2007 and prior years reduced by nearly USD one million OEWG to consider a Note from the Secretariat containing a modified programme budget for 2011, including a proposal that nearly 800,000 be used to increase the operational budget for 2011

Work Programme of the OEWG for (item 11) Practice: OEWG to develop and prepare draft COP decision on its next work programme OEWG-7 to consider a Note from the Secretariat that highlights activities that are expected to be completed by COP-10 OEWG-7 to consider how best to develop a streamlined work programme that reflects Parties’ needs and priorities while making best use of the Parties and the Secretariat’s resources. OEWG-7 may wish to consider establishing a Friends of the Chair group

Other matters

20th Anniversary celebration and the Basel Waste Solution Circle (item 14a) The Secretariat has prepared a Note summarizing the Convention’s 20th anniversary celebrations (Basel, 17 November 2009) as well as providing information on the launch of the ‘Basel Waste Solution Circle’ OWEG-7may wish to request the Secretariat to further develop the concept of the ‘Basel Waste Solution Circle’ and to elaborate, for consideration and possible adoption by the Conference of Parties at its tenth meeting, processes and criteria for the selection of awardees.

Global Waste Platform (item 14b) The OEWG will be provided with an oral briefing by the UNEP/IETC on the Global Waste Platform, which is an initiative by itself and the Secretariat of the Basel Convention. The OEWG may wish to take note of the report

Side events and other meetings Other meetings: –ICC informal consultations: 11 May, 1-3 pm –Asian Network: 12 May 2-3 pm –Second E-waste Africa project Advisory Board meeting 17 May, MIE II –Second E-waste Africa project Stake holders meeting 18 May, MIE II Side events: –PACE, Monday 10 May, 1-2 pm –CLI, Tuesday 11 May, 1-2 pm –BAN, Tuesday 11 May, 2-3 pm –Colombia country presentation on COP 10 preparation, Wednesday 12 May 1-2 pm –INECE SESN, Wednesday 12 May 2-3 pm –Global Waste Platform, Thursday 13 May 1-2 pm –Green Economy and Waste, Friday 14 May, 1-2 pm –Synergies projects, Friday 14 May, 2-3 pm

Thank you for your attention