Regional Training of Law Enforcement Officials. Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Regional Training of Law Enforcement Officials. 22-25 November 2011

Hazardous Wastes and their Disposal Wastes have been understood globally to mean substances or objects that are :- disposed of, intended to be disposed of, or required to be disposed of under provisions of national law. Hazardous wastes are a subset of waste that can cause harm to human health and/or damage to the environment.

Hazardous Wastes and their Disposal Hazardous substances include by products that are explosive; flammable, radioactive; liable to spontaneous combustion, emit flammable gases upon contact with water, poisonous , infectious, corrosive, toxic and those that are capable of yielding another harmful substance after disposal. They include waste containing harmful compounds such as arsenic, cadmium, mercury, lead, acidic solutions, organic phosphorus, halogenated organic solvents phenols.

Hazardous Wastes and their Disposal The wastes originate from a variety of sources including a wide range of production processes medical care in hospitals and domestic garbage. As the world becomes more developed and societies larger with affluent consumption patterns, a range of industrial, commercial, construction, agricultural, medical and even domestic activities increase and increase waste including hazardous as well. Eg. A report recorded that the EU generate some1.3 billion tonnes of waste every year of which over 36milllion tonnes are Hazard-wastes.

Hazardous Wastes and their Disposal Implementation and Enforcement; Taking stock; Laws; Institutions; Administrative action; Enforcement; Enhancing compliance;

Hazardous Wastes and their Disposal Other concerns of Hazardous wastes include:- The amount of waste generated, the adverse health and environmental impacts of hazardous substances & their by products; Increase of improper handling and unsafe disposal methods and practices; Industry and other sectors are in dire need of alternative disposal sites/facilities;

Hazardous Wastes and their Disposal Eg effects of hazardous waste The mishandling of sulfur can cause Chemical burns. A chemical used to control pests called (diblromochloropropane) when mishandled has the propensity to cause toxic effects on the reproductive system, resulting in reduction in sperm count in men which leads to sterility.

Hazardous Wastes and their Disposal Other concerns of Hazardous wastes include:- Although there is no scientific certainty about the hazards of all wastes, studies have confirmed &revealed the danger of many wastes their toxicity, carcinogenicity, mutagenicity, corrosivity and other characteristics harmful to human health and environment. The revelations were a basis for international action, they stimulated tightening of regulations, the cost of haz waste disposal rose, search for cheaper ways of disposing waste within and abroad, including in the high seas began.

Hazardous Wastes and their Disposal The result was:- A lucrative and scandalous international trade in hazardous wastes (illegal traffic/trade in waste), basically involving exports of hazardous wastes from industrialized countries where they could no longer be economically disposed off safely, to developing countries in need of hard currency, with no knowledge of the hazardous nature nor capacity to safely dispose off the waste safely.

Hazardous Wastes and their Disposal Other problems of Hazardous wastes include The practice of manufacturers of conceiling information about the nature of waste generated in their production processes in the name of trade and business secrets. Another problem is traders in toxic wastes conceal the nature of waste they handle especially waste exports. This affects the ability of recipient countries to take appropriate measures.

International response to hazardous waste Bilateral and Multilateral agreements; 1972 Prevention of Marine Pollution by dumping of waste and other matter (London Dumping); 1989 Basel Convention;1991 Bamako Convention; 1992 Agenda 21 Chapter 20,21; 1995 Waigani Convention of South Pacific region; 1999 Protocol to Basel on Liability and Compensation for damage ..; Marine Environmental Compensation and Liability Agreements; Marine Pollution Prevention Agreements; Regional Seas Agreements.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal The Basel Convention was adopted in 1989,it came into force in 1992; The Convention has 170 Parties; It is a most comprehensive global environmental agreement on hazardous and other wastes adopted for the purpose of protecting human health and the environment against the adverse effects resulting from the generation, management, transboundary movement and disposal of hazardous and other wastes.

Scope of the Convention Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Scope of the Convention Wastes contained in Annex 1 and II and further clarified in Annex 8 & 9 unless they do not posses characteristics of Annex III; Wastes considered to be hazardous by national legislation;

The Main goal of the Convention Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal The Main goal of the Convention To protect, by strict control, human health and the environment against the adverse effects which may result from the generation and management of hazardous waste and other wastes;

Definition of waste accd to Article 2 Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Definition of waste accd to Article 2 for the purpose of the Basel Convention Wastes are substances or objects which are disposed of or are intended to be disposed of or required to be disposed of by the provisions of national law.

Obsolete stocks of pesticides Biomedical/healthcare wastes Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Examples of wastes: Obsolete stocks of pesticides Biomedical/healthcare wastes Used oils; Used lead acid batteries; POPs waste; Electronic Waste (e-waste); Mobile phones; Ships destined to be dismantled

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Mechanisms of the Convention The regulation of the transboundary movement of hazardous wastes; Prior Informed Consent (PIC) Procedure; Prohibition of exports without an Art 11 agreement; Shipments made without following the procedures are illegal. Illegal traffic is criminal through each parties legislation;

Mechanisms of the Convention Parties to take measures to ensure Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Mechanisms of the Convention Parties to take measures to ensure environmentally sound management of hazardous waste (ESM). Notification Procedure to involve exporter generator to agree with disposer on ESM of waste. State of Export, Import and Transit States to be involved.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Obligations of parties, Inform the secretariat within six months of becoming a party waste considered by their national law to be hazardous other than those listed in Annex 1 and 2; Inform other parties on measures taken to prohibit the import of haz wastes; Ensure reduction waste to a minimum; Ensure adequate disposal facilities for Env Sound Management of Waste

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Ensure persons involved in management of waste take steps to prevent pollution or minimize the consequence if the pollution occurs; Reduce to a minimum the transboundary movement of hazardous waste and other waste consistent to the sound and efficient management of such waste Not allow export to countries who have prohibited by legislation all such imports; Prevent waste if there is reason to believe the waste will not be handled in an environmentally sound manner.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Take appropriate legal, administrative and other measures to implement the Conv; Prohibit all persons under its jurisdiction from transporting or disposing of waste unless authorized Require that waste being transported be packaged, labelled and transported according to the rules; Require that the consignment be accompanied by a movement document from the export country to the point of disposal.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Require the exported waste to be managed in the environmentally sound manner; Export only when unable to dispose waste efficiently and in sound manner, or when required as raw material for recycling and recovery industry in the state of import; Designation of competent authorities and focal point, one authority to be designated to receive notification in case of a State of transit

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Transboundary movement between parties is regulated under article 6 of the Convention; Notification by export country generator or exporter has to be done in writing; Consent has to be in writing from transit country and importing country as well before the movement begins. If the transboundary movement cannot be completed there is a duty of the state of export to re-import.

Developments after the adoption of the Convention; Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Developments after the adoption of the Convention; -The 1995 Ban amendment (reversal in COP10?) -Illegal traffic -Financial mechanisms; -Secretariat; Regional Capacity building Centres. COP9 & COP10

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal-COP9, Bali, June 2008 Theme - Waste Management for Human Health and Livelihood Basel Convention Regional Coord Centres Env Sound Management of used tyres; mercury wastes; persistent organic pollutants (POPs) Nairobi Decl on the Environmentally Sound Management of Electrical and Electronic Waste. Dismantling of ships (steered by IMO in collaboration with the Basel Secretariat (joint working group of IMO and Basel convention);

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal-COP9 Co-operation and coordination among the Basel, Rotterdam and Stockholm Conventions -to strengthen implementation of the 3 conventions at all levels; -to maximize efficiency on the use of resources, to respect legal autonomy of the conventions, -to focus on joint activities, (resource mobilization services, joint legal services, information technology public awareness), -to adopt a step by step approach while avoiding additional bureaucratic layers.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal-COP9 Co-operation and coordination among the Basel, Rotterdam and Stockholm Conventions-CONT The recommendations made are mainly in five clusters namely organizational, technical matters, public awareness, administrative issues, and decision-making. Most of the delegates of COP 8 supported the recommendations as a way of supporting the UN system-wide coherence and coordination and as a good example of the International Environmental Governance debate.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Basel Convention COP10 – A historic agreement unblocking an amendment that will ban the export of hazardous wastes from OECD to non-OECD countries, known as the Ban Amendment. The groundbreaking decision, containing a set of measures aimed at strengthening international control of transboundary movements of hazardous wastes, was adopted on 21 October 2011 the closing day of the 10th meeting of the Parties to the Convention (COP10), in Cartagena de Indias, Colombia.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal The ground for this breakthrough was prepared by the Country Led Initiative (CLI) to Improve the Effectiveness of the Basel Convention, initiated by the Governments of Indonesia and Switzerland at the last Conference in 2008. The so-called CLI decision allows the Ban Amendment to come into force for those countries who wish to adhere to it, but also moves forward in establishing a regime for countries who wish to trade in waste to ensure the minimization of health and environmental impacts, ensuring adequate social and labour conditions and creating new economic opportunities. It clarifies the interpretation of Article 17(5) of the Convention, setting the bar for entry into force of the Ban Amendment. The amendmentwill enter into force once an additional 17 parties ratify it..

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal COP10 also adopted A new Strategic Framework for the work of the convention from 2012-2021. Technical Guidelines were adopted on co-processing of hazardous wastes in cement kilns, environmentally sound management of mercury wastes, and environmentally sound management of used tyres; Parties took over 20 additional substantive decisions on other matters. The parties also adopted the Cartagena Declaration on prevention and minimization of hazardous wastes.

Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal The next COP 11 will take place in 2013. The Cartagena meeting also completed the cycle of 3 COPs (for the Stockholm, Rotterdam and Basel conventions) to endorse the “synergies” decision of the Extraordinary COP in Bali last year. For more information on COP10 please visit www.basel.int/COP10/tabid/1571/Default.aspx and http://www.iisd.ca/basel/cop10/

Nigeria, Cote D’Ivoire, Bamako? Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their Disposal Nigeria, Cote D’Ivoire, Bamako? Thank you