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

Similar documents
HOW TO PROSECUTE ILLEGAL WASTE SHIPMENTS: The Basel Convention September 2013 M. Amélie Taoufiq-Cailliau Bogor, Indonesia

Summary of National Green Customs Initiative Workshop in Korea

Which have submitted the information to the Secretariat of each MEA, as required by each of the agreements.

ICC Implementation & compliance with Article 9 - AFGHANISTAN

ICC Implementation & compliance with Article 9 STATE OF PALESTINE

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

THE BASEL CONVENTION ILLEGAL TRAFFIC. Secretariat of the Basel Convention

BAMAKO CONVENTION ON THE BAN OF THE IMPORT INTO AFRICA AND THE CONTROL OF TRANSBOUNDARY MOVEMENT AND MANAGEMENT OF HAZARDOUS WASTES WITHIN AFRICA

CHAPTER ONE INITIAL PROVISIONS AND GENERAL DEFINITIONS. Section A - Initial Provisions. Article 101: Establishment of the Free Trade Area

Illegal Traffic Under The Basel Convention

BASEL CONVENTION MANUAL FOR THE IMPLEMENTATION OF THE BASEL CONVENTION

Dr. Daria Boklan. Associate Professor, Russian Academy for Foreign Trade

REGULATION (EU) No 649/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 concerning the export and import of hazardous chemicals

CHAPTER ONE INITIAL PROVISIONS AND GENERAL DEFINITIONS. Section A General Definitions. 1. For purposes of this Agreement, unless otherwise specified:

The Basel Convention in Thailand

Workshop 2016 of the Asian Network for Prevention of Illegal Transboundary Movement of Hazardous Wastes in Semarang, Indonesia

Council of the European Union Brussels, 28 March 2017 (OR. en) Working Party on General Matters, including evaluations (GENVAL)

Cartagena Congress (2013) The administrative judge and environmental law»

United Nations Environment Programme. Food and Agriculture Organization of the United Nations

Annex to decision VIII/15. Procedure for the review or adjustment of lists of wastes contained in Annexes VIII and IX

SC-5/2: Amendments to the financial rules for the Conference of the Parties, its subsidiary bodies and the Convention Secretariat

CHAPTER ONE INITIAL PROVISIONS AND GENERAL DEFINITIONS. Section A - Initial Provisions

ENVIRONMENT PROTECTION ACT (CAP. 348) Environment Protection (Control of Transboundary Movement of Toxic and other Substances) Regulations, 2000

Information on subsidiary bodies

PREAMBLE. The Parties to this Convention:

MEA Enforcement Regional Cooperation and Networking

ECA REGIONAL GREEN CUSTOMS WORKSHOP & ECA ENFORCEMENT NETWORK MEETING ASHGABAT, TURKMENISTAN, OCTOBER 2010 MEDIA BRIEFING

13 th MEETING OF THE STANDING COMMITTEE May 2018, The Hague, the Netherlands

Convention for the Protection, Management and Development of the Marine and Coastal Environment of the East African Region, 1985.

(Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 865/2006. of 4 May 2006

Meetings of the conferences of the Parties to the Basel, Rotterdam and Stockholm conventions

Environment and Trade

Guidelines for Part 17.2 of the Dutch Environmental Management Act: measures in the event of environmental damage or its imminent threat (English

Appendix II STOCKHOLM CONVENTION ON PERSISTENT ORGANIC POLLUTANTS. Conscious of the need for global action on persistent organic pollutants,

Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste

Sanitary and Phytosanitary (SPS) Annex to the SADC Protocol on Trade:

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Downloaded on August 17, Environmental Conservation Sub Subject Conventions Reference Number

Reference Guide. European Community Wildlife Trade Regulations

United Nations Environment Programme

On Introduction of Bans and Restrictions on Transfer of Goods through the Customs Border of the Republic of Belarus

Original language: English CoP18 Doc. 39 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean

International Plant Protection

Cartagena Protocol on Biosafety to the Convention on Biological Diversity, 2000

115 No. 15 ] International Trade in Wild Fauna and Flora [ 2007.

Official Journal of the European Union

The State Peace and Development Council hereby enacts the following Law: - Chapter I Title and Definition

CHAPTER 9: TRADE IN HAZARDOUS WASTES AND TECHNOLOGIES Pages

(Gap Analysis) Final version: 29 April Prepared by: Nancy Isarin. Page 1 of 33

Imports and Exports (Restrictions) Amendment Bill

Under NAFTA, Mexico No Safe Haven For Polluters

Basel Convention 2002 Country Fact Sheet Armenia

Agriculture Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1

MINAMATA CONVENTION ON MERCURY

Environmental Crimes Handbook 2010

EU-MERCOSUR CHAPTER. Article 1. Objectives and Scope

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade

(Non-legislative acts) REGULATIONS

Conf Introduction from the sea. (Rev. CoP16)

FACILITATING PRIOR INFORMED CONSENT In the Context of Genetic Resources and Traditional Knowledge 1

29 May 2017 Without prejudice CHAPTER [XX] TRADE AND SUSTAINABLE DEVELOPMENT. Article X.1. Objectives and Scope

BCRC SEA S NEWS WHAT S BEEN GOING ON IN OUR REGION RECENTLY? NEWSLETTER OF THE BASEL CONVENTION REGIONAL CENTRE FOR SOUTH-EAST ASIA

Introduction to the Environmental Crime Directive 2008/99/EC

PROCEEDING. Workshop on National Reporting and Inventory of the Basel Convention for Asia

Strategic Project on. Environmental Crime. Report

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

CHALLENGES AND EXPERIENCES IN THE ENVIRONMENTALLY SAFE DISPOSAL OF IP INFRINGING GOODS

Hinrich Foundation Sustainable Trade Index Country overview: Indonesia

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

TITLE III--IMPROVING THE SAFETY OF IMPORTED FOOD

THE GOVERNMENT SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom Happiness No. 98/2011/ND-CP Hanoi, October 26, 2011

Brussels, Belgium 13 June 2018

ARGUMENTS FOR PROSECUTORS OF ENVIRONMENTAL

Hinrich Foundation Sustainable Trade Index Country overview: Singapore

e_tit_trade.jpg (4825 bytes)

I. Mechanism for promoting implementation and compliance

Hinrich Foundation Sustainable Trade Index Country overview: Malaysia

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Application for a Pre-CITES Certificate or a Certificate of Origin under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999

Improved utilization of conference facilities at the United Nations Office at Nairobi

TRADE AND SUSTAINABLE DEVELOPMENT

LAW ON PLANT PROTECTION PRODUCTS I. MAIN PROVISIONS

Rotterdam. Trade UNITED NATIONS C/COP.8/INF/ /4. 7 March. English. on the Prior Informed. Hazardous Chemicals. meeting. The annex to.

Official Journal C 376

JUDGMENT OF THE COURT (Second Chamber) 10 January 2006 * ACTION for annulment under Article 230 EC, brought on 28 February 2003,

Rules of Procedure for the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their

E U C O P E S y n o p s i s

ENFORCEMENT DECREE OF THE ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL

EU Invasive Alien Species (IAS) Strategy development

Article 14. Bilateral, regional and multilateral agreements and arrangements

A. General information. B. Legislative and regulatory measures

Waste without frontiers

EU trade policy encourages sustainable development and respect for human rights in vulnerable economies

Implementation of the Basel Convention in Japan

A Call for an Interpretation of Article 17 by the Parties for Rapid Entry into Force of the Basel Ban Amendment

Legal considerations relating to a possible gap between the first and subsequent commitment periods

STATUTORY INSTRUMENTS. S.I. No.?????????? of 2016

Original language: English CoP17 Doc. 80 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA

Transcription:

The Basel Convention for the Control of Transboundary Movements of Hazardous Wastes and their Disposal Click to edit Master subtitle style Illegal Trade in Natural Resources What Brussels Can Do? Brussels, 29-30 September 2010 Amélie M. Taoufiq-Cailliau Legal Officer

Main Goal of the Convention To protect, by strict control, human health and the environment against the adverse effects resulting from the generation and management of hazardous wastes and other wastes

Adopted on 22 March 1989 Entered into force on 5 May 1992 174 Parties to the Convention as at 31 March 2010

Institutional Structure of the Convention λ Click to edit the outline text format λ Second Outline It is imperative to know who serves as the Competent Authority Third Outline λ Fourth Outline Fifth Outline

Wastes Controlled by the Basel Convention: BC Wastes Click to edit the outline text format Hazardous wastes λ listed in Annex I and exhibiting Annex III characteristics, such as explosive, flammable, oxidizing, poisonous or corrosive. Annexes λ VIII Second and IX Outline further clarify what is - and what is not - understood by hazardous wastes. Third Outline Other wastes are wastes listed in Annex II: wastes collected from households and residues arising from the incineration of household wastes. λ Fourth Outline Fifth Outline Wastes considered hazardous under the national legislation of a Party, as notified to the Secretariat under Article 3.

Illegal Traffic in BC Wastes (1) Illegal traffic refers to any transboundary movement of λ BC wastes (Art. 9): (a) (b) Click to edit the outline text format Without notification to all States concerned; λ Second Outline Without the consent of a State concerned; Third Outline (c) With consent obtained from States concerned through falsification, misrepresentation, or fraud; (d) That does not conform in a material way with the documents; λ Fourth Outline (e) That results in deliberate disposal (e.g. dumping) of BC wastes in contravention of the Convention and of general principles of law Fifth Outline

Illegal Traffic in BC Wastes (2) λ Click to edit the outline text format Parties are required to consider illegal traffic as a crime λ Second Outline In cases of illegal traffic which is due to conduct of the exporter or generator, the State of export shall ensure that the wastes in question are: - Taken back by the exporter or the generator or the State of export; or Third Outline λ Fourth Outline - Are otherwise disposed of in accordance with the provisions of the Convention Fifth Outline

GENERATOR Basel Rules from Start to Finish Stage 1: Notification Conclude a contract specifying ESM DISPOSER Inform of proposed movement Refuse to allow Click export to edit Master subtitle style COUNTRY OF EXPORT Send Notification COUNTRY OF TRANSIT COUNTRY OF IMPORT

Basel Rules from Start to Finish Stage 2: Consent and Issuance of Movement Document GENERATOR DISPOSER If consent and proof of contract, then issue Movement Click to edit Master subtitle style Document COUNTRY OF EXPORT Consent/Deny Movement (written) Confirm contract specifying ESM COUNTRY OF TRANSIT COUNTRY OF IMPORT

Basel Rules from Start to Finish Stage 3: Transboundary Movement GENERATOR Send copy of Movement Document confirming receipt of shipment Click to edit Master subtitle style DISPOSER COUNTRY OF EXPORT COUNTRY OF TRANSIT COUNTRY OF IMPORT

Basel Rules from Start to Finish Stage 4: Confirmation of disposal GENERATOR Upon completion, send confirmation that disposal taken place Click to edit Master subtitle style DISPOSER May wish to follow up in order to confirm completion COUNTRY OF EXPORT If no confirmation received, advise accordingly COUNTRY OF TRANSIT COUNTRY OF IMPORT

Verification at Customs Illegal activities can occur at any of these four stages: Click to edit Master subtitle style

Border Control Procedures Customs at Country of Export Is there a movement document? Is there an export authorization by the Competent Authority? Do the contents Click to correspond edit Master to subtitle the movement style document? Is the packaging in order? RELEASE SHIPMENT FOR EXPORT

Border Control Procedures Customs Transit Country (Entry) Is there proof of your CA s consent? If no, then return shipment Do you agree with observations of Customs of exporting country? Click to edit Master subtitle style Are the contents, quantity and packaging the same as on departure from Country of Export? RELEASE SHIPMENT FOR TRANSIT

Border Control Procedures Customs Transit Country (Exit) Are the contents, quantity and packaging the same as on entry into Country of Transit? If more, is there adequate Click to edit Master subtitle documentation style to account for surplus? NO RELEASE FOR MOVEMENT TO COUNTRY OF IMPORT

Border Control Procedures Customs Import Country Is there proof of your CA s consent? If no, then return shipment Do you agree with observations of Customs of exporting country? Click to edit Master subtitle style Are the contents, quantity and packaging the same as on departure from Country of Export? RELEASE SHIPMENT FOR DISPOSAL

Responding to a suspect shipment Four essential steps: (a) Assess the situation; (b) Identify the hazardous substance; (c) Secure the scene; (d) Report the incident to relevant health, safety and regulatory personnel

Cooperation to enforce the Basel Convention National : Customs officers and enforcement agents; Port Authorities; Focal Points; Competent λ Authorities; Ministries of Justice; and Prosecution services Regional : Inter-regional cooperation and exchange of information International : Basel Convention, WCO, Interpol, Green Customs λ Click to edit the outline text format Second Outline Third Outline λ Fourth Outline Fifth Outline

Relevant Basel Convention Reference Materials λ Guide to the Control System (Instruction Manual) http://www.basel.int/pub/instruct.doc Click to edit the outline text format Second Outline Instructions for Completing the Notification and Movement Documents λ http://www.basel.int/techmatters/forms-notif-mov/vcop8.pdf Third Outline Guidance Elements for Detection, Prevention and Control of Illegal Traffic in Hazardous Wastes http://www.basel.int/legalmatters/illegtraffic/ge_e.doc λ Fourth Outline Training Manual on Illegal Traffic for Customs Officers and other Enforcement Agencies http://www.basel.int/legalmatters/illegtraffic/trman-e.pdf Fifth Outline

Cooperation between the Basel Convention and the Washington Convention The Washington Convention: international trade in endangered species of wild fauna and flora (CITES): 1975, entry into force -2010, 35th anniversary); 175 Parties Goal: to contribute to the reduction and ultimate elimination of illegal trade in wild fauna and flora CITES is the Convention on international trade (97% of CITES-listed species is allowed provided it satisfies the conditions of legal, sustainable, traceable) not on illegal trade a biodiversity-related Convention How: a permit system to regulate commercial and non-commercial international trade in live/dead animals and plants as well as their derivatives Cooperation in implementation with a broad range of entities, including: FAO, WTO, World Bank, UNCTAD, UNODC (drug control), WCO, INTERPOL, IATA, WWF, TRAFFIC, the private sector and academic bodies, etc.

Synergies in chemicals and wastes

Synergies in chemicals and wastes

A framework for Life Cycle Management: The 3 Conventions together cover elements of cradle-to-grave management to pro Synergies in chemicals and wastes Since 2004, date of entry into force of both the Stockholm and Rotterdam Convention Interlocking scope and coverage: => Common thread: most POPs are covered by all 3 Conventions. => Many pesticides are subject to 3 Conventions. Interlocking scope / coverage: => As wastes, all chemicals will fall under the scope of the Basel Convention =>Parties: BC, 174; RC, 139; SC, 172.

24 Synergistic awareness raising Safe Planet Come and visit our Facebook page - http://www.facebook.com/ home.php?#!/safe.planet

Some major exporting countries are developing countries with insufficient coordination mechanism Synergies to respond to key challenges and issues Re-exportation and long trade chain create bigger difficulties in monitoring, (reporting and record Enforcement capacity are insufficient Challenges in control of border trade Confusion of obligations arising from different legal systems (e.g. EU) Need to strengthen: 1. National coordination for the control of international trade 2. Implementation and compliance mechanisms 3. Enforcement capacities/authorities crucial role of customs, of the judiciary (courts, judges and Importance of technical assistance and capacity - science, compliance and enforcement - building

To address growing concerns and problems: Environmental Crime, in particular the dam The business of environmental crime: USD 20-30 billion dollars annually. The example of the Green Customs Initiative Partners: relevant MEAs Secretariats (Basel, Cartagena, CITES, Montreal, Rotterdam, Stoc Green Customs Tools: Green Customs Guide, workshops to train customs officers, Gre

Economic globalisation Global Environmental Governance Encounters between previously separated ecological systems Factors behind changes Overspill of effects of environmental degradation between States Pollution and degradation of global commons Transboundary pollution and risks International trade and transportation of wastes Global institutions, regimes, networks and treaties to regulate

Thank You! For Further Information λ Click to edit the outline text format Second Outline Please visit the Conventions λ www.basel.int www.pic.int www.pops.int Websites: Facebook Safe Planet page Third Outline λ Fourth Outline Fifth Outline