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Paragraphs in "Convention On The Ban Of The Import Into Africa And The Control Of Transboundary Movement And Management Of Hazardous Wastes Within Africa" coded as SUBS

Label Provision
Art.4 ARTICLE 4 General Obligations
Art.4.1 1. Hazardous Waste Import Ban.
Art.4.1.(1x) All Parties shall take appropriate legal, administrative and other measures within the area under their jurisdiction to prohibit the import of all hazardous wastes, for any reason, into Africa from non-Contracting Parties. Such import shall be deemed illegal and a criminal act. All Parties shall:
Art.4.1.(1x).a (a) forward as soon as possible, all information relating to such illegal hazardous waste import activity to the Secretariat who shall distribute the information to all Contracting Parties;
Art.4.1.(1x).b (b) co-operate to ensure that no imports of hazardous wastes from a non-Party enter a Party to this Convention. To this end, the Parties shall, at the Conference of the Contracting Parties, consider other enforcement mechanisms.
Art.4.2 2. Ban on Dumping of Hazardous Wastes at Sea and Internal Waters.
Art.4.2.a (a) Parties, in conformity with related international conventions and instruments shall, in the exercise of their jurisdiction within their internal waters, territorial seas, exclusive economic zones and continental shelf, adopt legal, administrative and other appropriate measures to control all carriers from non-Parties, and prohibit the dumping at sea of hazardous wastes, including their incineration at sea and their disposal in the seabed and sub-seabed. Any dumping of hazardous wastes at sea, including incineration at sea as well as seabed and sub-seabed disposal, by Contracting Parties, whether in internal waters, territorial seas, exclusive economic zones or high seas all be deemed to be illegal;
Art.4.2.b (b) Parties shall forward, as soon as possible, all information relating to dumping of hazardous wastes to the Secretariat which shall distribute the information to all Contracting Parties.
Art.4.3 3. Waste generation in Africa.
Art.4.3.(1x) Each Party shall:
Art.4.3.(1x).a (a) ensure that hazardous waste generators submit to the Secretariat reports regarding the wastes that they generate in order to enable the Secretariat of the Convention to produce a complete hazardous waste audit;
Art.4.3.(1x).b (b) impose strict, unlimited liability as well as joint and several liability of hazardous waste generators;
Art.4.3.(1x).c (c) ensure that the generation of hazardous wastes within the area under its jurisdiction is reduced to a minimum taking into account social, technological and economic aspects;
Art.4.3.(1x).d (d) ensure the availability of adequate treatment and/ or disposal facilities, for the environmentally sound management of hazardous wastes which shall be located, to the extent possible, within its jurisdiction;
Art.4.3.(1x).e (e) ensure that persons involved in the management of hazardous wastes within its jurisdiction take such steps as are necessary to prevent pollution arising from such wastes and, if such pollution occurs, to minimize the consequence thereof for human health and the environment;
Art.4.3.(2x) The Adoption of Precautionary Measures:
Art.4.3.(2x).f (f) Each Party shall strive to adopt and implement the preventive, precautionary approach to pollution problems which entails, inter alia, preventing the release into the environment of substances which may cause harm to humans or the environment without waiting for scientific proof regarding such harm. The Parties shall cooperate with each other in taking the appropriate measures to implement the precautionary principle to pollution prevention through the application of clean production methods, rather than the pursuit of permissible emissions approach based on assimilative capacity assumption;
Art.4.3.(2x).g (g) In this respect Parties shall promote clean production methods applicable to entire product life cycles including:
Art.4.3.(2x).g.ix - raw material selection, extraction and processing;
Art.4.3.(2x).g.iix - product conceptualization, design, manufacture and assemblage;
Art.4.3.(2x).g.iiix - materials transport during all phases;
Art.4.3.(2x).g.ivx - industrial and household usage;
Art.4.3.(2x).g.vx - reintroduction of the product into industrial systems or nature when it no longer services a useful function;
Art.4.3.(3x) Clean production shall not include "end-of-pipe" pollution controls such as filters and scrubbers, or chemical, physical or biological treatment. Measures which reduce the volume of waste by incineration or concentration, mask the hazard by dilution, or transfer pollutants from one environment medium to another, are also excluded;
Art.4.3.(3x).h (h) The issue of preventing the transfer to Africa of polluting technologies shall e kept under systematic review by the Secretariat of the Conference and periodic report shall be made to the Conference of the Parties;
Art.4.3.(4x) Obligations in Transport and Transboundary Movement of Hazardous Wastes from Contracting Parties:
Art.4.3.(4x).i (i) each Party shall prevent the export of hazardous wastes to States which have prohibited by their legislation or international agreement all such imports, or if it has reason to believe that the wastes in question will not be managed in an environmentally sound manner, according to criteria to be decided on by the Parties at their first meeting;
Art.4.3.(4x).j (j) a Party shall not permit hazardous wastes to be exported to a State which does not have the facilities for disposing of them in an environmentally sound manner;
Art.4.3.(4x).k (k) each Party shall ensure that hazardous wastes to be exported are managed in an environmentally sound manner in the State of import and transit. Technical guidelines for the environmentally sound management of wastes subject to this Convention shall be decided by the Parties at their first meeting;
Art.4.3.(4x).l (l) the Parties agree not to allow the export of hazardous wastes for disposal within the area South of 60 degrees South Latitude, whether or not such wastes are subject to transboundary movement;
Art.4.3.(4x).m (m) further, each Party shall:
Art.4.3.(4x).m.i (i) prohibit all persons under its national jurisdiction from transporting, storing or disposing of hazardous wastes unless such persons are authorized or allowed to perform such operations;
Art.4.3.(4x).m.ii (ii) ensure that hazardous wastes that are to be the subject of a transboundary movement are packaged, labelled, and transported in conformity with generally accepted and recognized international rules and standards in the field of packaging, labelling, and transport, and that due account is taken of relevant internationally recognized practices;
Art.4.3.(4x).m.iii (iii) ensure that hazardous wastes be accompanied by a movement document, containing information specified in Annex IV B, from the point of which a transboundary movement commences to the point of disposal;
Art.4.3.(4x).n (n) Parties shall take the appropriate measures to ensure that the transboundary movements of hazardous wastes only are allowed if:
Art.4.3.(4x).n.i (i) the State of export does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the wastes in question in an environmentally sound and efficient manner; or
Art.4.3.(4x).n.ii (ii) the transboundary movement in question is in accordance with other criteria to be decided by the Parties, provided those criteria do not differ from the objectives of this Convention;
Art.4.3.(4x).o (o) Under this Convention, the obligation of States in which hazardous wastes are generated, requiring that those wastes are managed in an environmentally sound manner, may not under any circumstances be transferred to the States of important or transit;
Art.4.3.(4x).p (p) Parties shall undertake to review periodically the possibilities for the reduction of the amount and/ or the pollution potential of hazardous wastes which are exported to other States;
Art.4.3.(4x).q (q) Parties exercising their right to prohibit the import of hazardous wastes for disposal shall inform the other Parties of their decision pursuant to Article 13 of this Convention;
Art.4.3.(4x).r (r) Parties shall prohibit or shall not permit the export of hazardous wastes to States which have prohibited the import of such wastes, when notified by the Secretariat or any competent authority pursuant to sub-paragraph (q) above;
Art.4.3.(4x).s (s) Parties shall prohibit or shall not permit the export of hazardous wastes if the State of import does not consent in writing to the specific import, in the case where that State of import has not prohibited the import of such wastes;
Art.4.3.(4x).t (t) Parties shall ensure that the transboundary movement of hazardous wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement;
Art.4.3.(4x).u (u) Parties shall require that information about a proposed transboundary movement of hazardous wastes be provided to the States concerned, according to Annex IV A of this Convention, and clearly state the potential effects of the proposed movement on human health and the environment.
Art.4.3.(5x) Furthermore
Art.4.3.(5x).a (a) Parties shall undertake to enforce the obligations of this Convention against offenders and infringements according to relevant national laws and/ or international law;
Art.4.3.(5x).b (b) Nothing in this Convention shall prevent a Party from imposing additional requirements that are consistent with the provisions of this Convention, and are in accordance with the rules of international law, in order to better protect human health and the environment;
Art.4.3.(5x).c (c) This Convention recognizes the sovereignty of States over their territorial sea, waterways, and air space established in accordance with international law, and jurisdiction which States have in their exclusive economic zone and their continental shelves in accordance with international law, and the exercise by ships and aircraft of all States of navigation rights and freedoms as provided for in international law and as reflected in relevant international instruments.
Art.5 ARTICLE 5 Designation of Competent Authorities, Focal Point and Dumpwatch
Art.5.(1x) To facilitate the implementation of this Convention, the Parties shall:
Art.5.(1x).1 1. Designate or establish one or more competent authorities and one focal point. One competent authority shall be designated to receive the notification in case of a State of transit.
Art.5.(1x).2 2. Inform the Secretariat, within three months of the date of the entry into force of this Convention for them, which agencies they have designated as their focal point and their competent authorities.
Art.5.(1x).3 3. Inform the Secretariat, within one month of the date of decision, of any changes regarding the designations made by them under paragraph 2 above.
Art.5.(1x).4 4. Appoint a national body to act as a Dumpwatch. In such capacity as a Dumpwatch, the designated national body only will be required to co-ordinate with the concerned governmental and non-governmental bodies.
Art.6 ARTICLE 6 Transboundary Movement and Notification Procedures
Art.6.1 1. The State of export shall notify, or shall require the generator or exporter to notify, in writing, through the channel of the competent authority of the State of export, the competent authority of the States concerned of any proposed transboundary movement of hazardous wastes. Such notification shall contain the declarations and information specified in Annex IV A of this Convention, written in a language acceptable to the State of import. Only one notification needs to be sent to each State concerned.
Art.6.2 2. The State of import shall respond to the notifier in writing consenting to the movement with or without conditions, denying permission for the movement, or requesting additional information. A copy of the final response of the State of import shall be sent tot he competent authorities of the States concerned that are Parties to this Convention.
Art.6.3 3. The State of export shall not allow the transboundary movement until it has received:
Art.6.3.a (a) written consent of the State of import; and (b) from the State of import, written confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question.
Art.6.4 4. Each State of transit which is a Party to this Convention shall promptly acknowledge to the notifier receipt of the notification. It may subsequently respond to the notifier in writing, within 60 days, consenting to the movement with or without conditions, denying permission for the movement, or requesting additional information. The State of export shall not allow the transboundary movement to commence until it has received the written consent of the State of transit.
Art.6.5 5. In the case of a transboundary movement of hazardous wastes where the wastes are legally defined as or considered to be hazardous wastes only:
Art.6.5.a (a) By the State of export, the requirements of paragraph 8 of this Article that apply to the importer or disposer and the State of import shall apply mutatis mutandis to the exporter and State of export, respectively;
Art.6.5.b (b) By the Party of import, or by the States of import and transit which are Parties to this Convention, the requirements of paragraphs 1, 3, 4 and 6 of this Article that apply to the exporter and State of export shall apply mutatis mutandis to the importer or disposer and Party of import, respectively; or
Art.6.5.c (c) By any State of transit which is a Party to this Convention, the provisions of paragraph 4 of this Article shall apply to such State.
Art.6.6 6. The State of export shall use a shipment specific notification even where hazardous wastes having the same physical and chemical characteristics are shipped regularly to the same disposer via the same customs office of entry of the State of import, and in the case of transit, via the same customs office of entry and exit of the State or States of transit; specific notification of each and every shipment.
Art.6.7 7. Each Party to this Convention shall limit their points or ports of entry and notify the Secretariat to this effect for distribution to all Contracting Parties. Such points and ports shall be the only ones permitted for the transboundary movement of hazardous wastes.
Art.6.8 8. The Parties to this Convention shall require that each person who takes charge of a transboundary movement of hazardous wastes sign the movement document either upon delivery or receipt of the wastes in question. They shall also require that the disposer inform both the exporter and the competent authority of the State of export of receipt by the disposer of the wastes in question and, in due course, of the completion of disposal as specified in the notification. If no such information is received within the State of export, the competent authority of the State of export or the exporter shall so notify the State of import.
Art.6.9 9. The notification and response required by this Article shall be transmitted to the competent authority of the States concerned.
Art.6.10 10. Any transboundary movement of hazardous wastes shall be covered by insurance, bond or other guarantee as may be required by the State of import, or any State of transit which is a Party to this Convention.
Art.7 ARTICLE 7 Transboundary Movement from a Party through States which are not Parties
Art.7.1x Paragraphs 2 and 4 of Article 6 of this Convention shall apply mutatis mutandis to transboundary movements of hazardous wastes from a Party through a State or States which are not Parties.
Art.8 ARTICLE 8 Duty to Re-import
Art.8.1x When a transboundary movement of hazardous wastes to which the consent of the States concerned has been given, subject to the provisions of this Convention, cannot be completed in accordance with the terms of the contract, the State of export shall ensure that the wastes in question are taken back into the State of export, by the exporter, if alternative arrangements cannot be made for their disposal in an environmentally sound manner within a maximum of 90 days from the time that the importing State informed the State of export and the Secretariat. To this end, the State of export and any State of transit shall not oppose, hinder or prevent the return of those waste to the State of export.
Art.9 ARTICLE 9 Illegal traffic
Art.9.1 1. For the purpose of this Convention, any transboundary movement of hazardous wastes under the following situations shall be deemed to be illegal traffic:
Art.9.1.a (a) if carried out without notification, pursuant to the provisions of this Convention, to all States concerned; or
Art.9.1.b (b) if carried out without the consent, pursuant to the provisions of this Convention, of a State concerned; or
Art.9.1.c (c) if consent is obtained from States concerned through falsification, misrepresentation or fraud; or
Art.9.1.d (d) if it does not conform in a material way with the documents; or
Art.9.1.e (e) if it results in deliberate disposal of hazardous wastes in contravention of this Convention and of general principles of international law.
Art.9.2 2. Each Party shall introduce appropriate national legislation for imposing criminal penalties on all persons who have planned, carried out, or assisted in such illegal imports. Such penalties shall be sufficiently high to both punish and deter such conduct.
Art.9.3 3. In case of a transboundary movement of hazardous wastes deemed to be illegal traffic as the result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes in question are taken back by the exporter or the wastes in question are taken back by the exporter or generator or if necessary by itself into the State of export, within 30 days from the time the State of export has been informed about the illegal traffic. To this end the States concerned shall not oppose, hinder or prevent the return of those wastes to the State of export and appropriate legal action shall be taken against the contravenor( s).
Art.9.4 4. In the case of a transboundary movement of hazardous wastes deemed to be illegal traffic as the result of conduct on the part of the importer or disposer, the State of import shall ensure that the wastes in question are returned to the exporter by the importer and that legal proceedings according to the provisions of this Convention are taken against the contravenor( s).
Art.10 ARTICLE 10 Intra-African Cooperation
Art.10.1 1. The Parties to this Convention shall co-operate with one another and with relevant African organizations, to improve and achieve the environmentally sound management of hazardous wastes.
Art.10.2 2. To this end, the Parties shall:
Art.10.2.a (a) make available information, whether on a bilateral or multilateral basis, with a view to promoting clean production methods and the environmentally sound management of hazardous wastes, including harmonization of technical standards and practices for the adequate management of hazardous wastes;
Art.10.2.b (b) co-operate in monitoring the effects of the management of hazardous wastes on human health and the environment;
Art.10.2.c (c) co-operate, subject to their national laws, regulations and policies, in the development and implementation of new environmentally sound clean production technologies and the improvement of existing technologies with a view to eliminating, as far as practicable, the generation of hazardous wastes and achieving more effective and efficient methods of ensuring their management in an environmentally sound manner, including the study of the economic, social and environmental effects of the adoption of such new and improved technologies;
Art.10.2.d (d) Co-operate actively, subject to their national laws, regulations and policies, in the transfer of technology and management systems related to the environmentally sound management of hazardous wastes. They shall also co-operate in developing the technical capacity among Parties, especially those which may need and request technical assistance in this field;
Art.10.2.e (e) co-operate in developing appropriate technical guidelines and/ or codes of practice;
Art.10.2.f (f) co-operate in the exchange and dissemination of information on the movement of hazardous wastes in conformity with Article 13 of this Convention.
Art.11 ARTICLE 11 International Co-operation
Art.11.(1x).1x Bilateral, Multilateral and Regional Agreements
Art.11.(1x).1 1. Parties to this Convention may enter into bilateral, multilateral, or regional agreements or arrangements regarding the transboundary movement and management of hazardous wastes generated in Africa with Parties or non-Parties provided that such agreements or arrangements do not derogate from the environmentally sound management of hazardous wastes as required by this Convention. These agreements or arrangements shall stipulate provisions which are no less environmentally sound than those provided for by this Convention.
Art.11.(1x).2 2. Parties shall notify the Secretariat of any bilateral, multilateral or regional agreements or arrangements referred to in paragraph 1 of this Article and those which they have entered into prior to the entry into force of this Convention for them, for the purpose of controlling transboundary movements of hazardous wastes which take place entirely among the Parties to such agreements. The provisions of this Convention shall not affect place pursuant to such agreements provided that such agreements are compatible with the environmentally sound management of hazardous wastes as required by this Convention.
Art.11.(1x).3 3. Each Contracting Party shall prohibit vessels flying its flag or aircraft registered in its territory from carrying out activities in contravention of this Convention.
Art.11.(1x).4 4. Parties shall use appropriate measures to promote South-South co-operation in the implementation of this Convention.
Art.11.(1x).5 5. Taking into account the needs of developing countries, co-operation between international organizations is encouraged in order to promote, among other things, public awareness, the development of rational management of hazardous waste, and the adoption of new and non/ less polluting technologies.
Art.22 ARTICLE 22 Ratification, Acceptance, Formal Confirmation or Approval
Art.22.1 1. This Convention shall be subject to ratification, acceptance, formal confirmation, or approval by Member States of the OAU. Instruments of ratification, acceptance, formal confirmation, or approval shall be deposited with the Depository.
Art.22.2 2. Parties shall be bound by all obligations of this Convention.