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Art.1 |
Article 1 |
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Art.1.1 |
1. The following wastes that are subject to transboundary movement shall be "hazardous wastes" for the purposes of this Convention: |
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Art.1.1.a |
(a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and |
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Art.1.1.b |
(b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit. |
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Art.1.2 |
2. Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be "other wastes" for the purposes of this Convention. |
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Art.1.3 |
3. Wastes which, as a result of being radioactive, are subject to other international control systems, including international instruments, applying specifically to radioactive materials, are excluded from the scope of this Convention. |
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Art.1.4 |
4. Wastes which derive from the normal operations of a ship, the discharge of which is covered by another international instrument, are excluded from the scope of this Convention. |
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Art.2 |
Article 2 |
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Art.2.0x |
For the purposes of this Convention: |
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Art.2.1 |
1. "Wastes" are substances or objects which are disposed of or are intended to be disposed of or are required to be disposed of by the provisions of national law; |
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Art.2.2 |
2. "Management" means the collection, transport and disposal of hazardous wastes or other wastes, including after-care of disposal sites; |
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Art.2.3 |
3. "Transboundary movement" means any movement of hazardous wastes or other wastes from an area under the national jurisdiction of one State to or through an area under the national jurisdiction of another State or to or through an area not under the national jurisdiction of any State, provided at least two States are involved in the movement; |
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Art.2.4 |
4. "Disposal" means any operation specified in Annex IV to this Convention; |
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Art.2.5 |
5. "Approved site or facility" means a site or facility for the disposal of hazardous wastes or other wastes which is authorized or permitted to operate for this purpose by a relevant authority of the State where the site or facility is located; |
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Art.2.6 |
6. "Competent authority" means one governmental authority designated by a Party to be responsible, within such geographical areas as the Party may think fit, for receiving the notification of a transboundary movement of hazardous wastes or other wastes, and any information related to it, and for responding to such a notification, as provided in Article 6; |
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Art.2.7 |
7. "Focal point" means the entity of a Party referred to in Article 5 responsible for receiving and submitting information as provided for in Articles 13 and 16; |
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Art.2.8 |
8. "Environmentally sound management of hazardous wastes or other wastes" means taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes; |
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Art.2.9 |
9. "Area under the national jurisdiction of a State" means any land, marine area or air space within which a State exercises administrative and regulatory responsibility in accordance with international law in regard to the protection of human health or the environment; |
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Art.2.10 |
10. "State of export" means a Party from which a transboundary movement of hazardous wastes or other wastes is planned to be initiated or is initiated; |
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Art.2.11 |
11. "State of import" means a Party to which a transboundary movement of hazardous wastes or other wastes is planned or takes place for the purpose of disposal therein or for the purpose of loading prior to disposal in an area not under the national jurisdiction of any State; |
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Art.2.12 |
12. "State of transit" means any State, other than the State of export or import, through which a movement of hazardous wastes or other wastes is planned or takes place; |
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Art.2.13 |
13. "States concerned" means Parties which are States of export or import, or transit States, whether or not Parties; |
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Art.2.14 |
14. "Person" means any natural or legal person; |
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Art.2.15 |
15. "Exporter" means any person under the jurisdiction of the State of export who arranges for hazardous wastes or other wastes to be exported; |
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Art.2.16 |
16. "Importer" means any person under the jurisdiction of the State of import who arranges for hazardous wastes or other wastes to be imported; |
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Art.2.17 |
17. "Carrier" means any person who carries out the transport of hazardous wastes or other wastes; |
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Art.2.18 |
18. "Generator" means any person whose activity produces hazardous wastes or other wastes or, if that person is not known, the person who is in possession and/or control of those wastes; |
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Art.2.19 |
19. "Disposer" means any person to whom hazardous wastes or other wastes are shipped and who carries out the disposal of such wastes; |
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Art.2.20 |
20. "Political and/or economic integration organization" means an organization constituted by sovereign States to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve, formally confirm or accede to it; |
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Art.2.21 |
21. "Illegal traffic" means any transboundary movement of hazardous wastes or other wastes as specified in Article 9. |
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Art.9 |
Article 9 |
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Art.9.1 |
1. For the purpose of this Convention, any transboundary movement of hazardous wastes or other wastes: |
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Art.9.1.a |
(a) without notification pursuant to the provisions of this Convention to all States concerned; or |
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Art.9.1.b |
(b) without the consent pursuant to the provisions of this Convention of a State concerned; or |
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Art.9.1.c |
(c) with consent obtained from States concerned through falsification, misrepresentation or fraud; or |
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Art.9.1.d |
(d) that does not conform in a material way with the documents; or |
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Art.9.1.e |
(e) that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention of this Convention and of general principles of international law, |
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Art.9.1.fx |
shall be deemed to be illegal traffic. |
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Art.9.2 |
2. In case of a transboundary movement of hazardous wastes or other 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: |
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Art.9.2.a |
(a) taken back by the exporter or the generator or, if necessary, by itself into the State of export, or, if impracticable, |
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Art.9.2.b |
(b) are otherwise disposed of in accordance with the provisions of this Convention, |
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Art.9.2.cx |
within 30 days from the time the State of export has been informed about the illegal traffic or such other period of time as States concerned may agree. To this end the Parties concerned shall not oppose, hinder or prevent the return of those wastes to the State of export. |
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Art.9.3 |
3. In the case of a transboundary movement of hazardous wastes or other 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 disposed of in an environmentally sound manner by the importer or disposer or, if necessary, by itself within 30 days from the time the illegal traffic has come to the attention of the State of import or such other period of time as the States concerned may agree. To this end, the Parties concerned shall co-operate, as necessary, in the disposal of the wastes in an environmentally sound manner. |
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Art.9.4 |
4. In cases where the responsibility for the illegal traffic cannot be assigned either to the exporter or generator or to the importer or disposer, the Parties concerned or other Parties, as appropriate, shall ensure, through co-operation, that the wastes in question are disposed of as soon as possible in an environmentally sound manner either in the State of export or the State of import or elsewhere as appropriate. |
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Art.9.5 |
5. Each Party shall introduce appropriate national/domestic legislation to prevent and punish illegal traffic. The Parties shall co-operate with a view to achieving the objects of this Article. |
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Art.17 |
Article 17 |
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Art.17.1 |
1. Any Party may propose amendments to this Convention and any Party to a protocol may propose amendments to that protocol. Such amendments shall take due account, inter alia, of relevant scientific and technical considerations. |
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Art.17.2 |
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties to the protocol in question. The text of any proposed amendment to this Convention or to any protocol, except as may otherwise be provided in such protocol, shall be communicated to the Parties by the Secretariat at least six months before the meeting at which it is proposed for adoption. The Secretariat shall also communicate proposed amendments to the Signatories to this Convention for information. |
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Art.17.3 |
3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority of the Parties present and voting at the meeting, and shall be submitted by the Depositary to all Parties for ratification, approval, formal confirmation or acceptance. |
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Art.17.4 |
4. The procedure mentioned in paragraph 3 above shall apply to amendments to any protocol, except that a two-thirds majority of the Parties to that protocol present and voting at the meeting shall suffice for their adoption. |
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Art.17.5 |
5. Instruments of ratification, approval, formal confirmation or acceptance of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force between Parties having accepted them on the ninetieth day after the receipt by the Depositary of their instrument of ratification, approval, formal confirmation or acceptance by at least three-fourths of the Parties who accepted them or by at least two thirds of the Parties to the protocol concerned who accepted them, except as may otherwise be provided in such protocol. The amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval, formal confirmation or acceptance of the amendments. |
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Art.17.6 |
6. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote. |
