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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 SECF

Label Provision
Art.3 ARTICLE 3 National Definitions of Hazardous Wastes
Art.3.1 1. Each State shall, within six months of becoming a Party to this Convention, inform the Secretariat of the Convention of the wastes, other than those listed in Annex I of this Convention, considered or defined as hazardous under its national legislation and of any requirements concerning transboundary movement procedures applicable to such wastes.
Art.3.2 2. Each Party shall subsequently inform the Secretariat of any significant changes to the information it has provided pursuant to Paragraph 1 of this Article.
Art.3.3 3. The Secretariat shall forthwith inform all Parties of the information it has received pursuant to paragraphs 1 and 2 of this Article.
Art.3.4 4. Parties shall be responsible for making the information transmitted to them by the Secretariat under Paragraph 3 of this Article available to their exporters and other appropriate bodies.
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.14 ARTICLE 14 Financial Aspects
Art.14.1 1. The regular budget of the Conference of Parties, as required in Articles 15 and 16 of this Convention, shall be prepared by the Secretariat and approved by the Conference
Art.14.2 2. Parties shall, at the first meeting of the Conference of the Parties, agree on a scale of contributions to the recurrent budget of the Secretariat.
Art.14.3 3. The Parties shall also consider the establishment of a revolving fund to assist, on an interim basis, in case of emergency situations to minimize damage from disasters or accidents arising from transboundary movements of hazardous wastes or during the disposal of such wastes.
Art.14.4 4. The Parties agree that, according to the specific needs of different regions and sub-regions, regional or sub-regional centres for training and technology transfers regarding the management of hazardous wastes and minimization of their generation should be established, as well as appropriate funding mechanisms of a voluntary nature.
Art.16 ARTICLE 16 Secretariat
Art.16.1 1. The functions of the Secretariat shall be:
Art.16.1.a (a) to arrange for, and service, meetings provided for in Articles 15 and 17 of this Convention;
Art.16.1.b (b) to prepare and transmit reports based upon information received in accordance with Articles 3, 4, 6, 11 and 13 of this Convention as well as upon information derived from meetings of subsidiary bodies established under Article 15 of this Convention as well as upon as appropriate information provided by relevant inter-governmental and non-governmental entities;
Art.16.1.c (c) to prepare reports on its activities carried out in the implementation of its functions under this Convention and present them to the Conference of the Parties;
Art.16.1.d (d) to ensure the necessary co-ordination with relevant international bodies, and in particular to enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions;
Art.16.1.e (e) to communicate with focal points, competent authorities and Dumpwatch established by the Parties in accordance with Article 5 of this Convention as well as appropriate inter-governmental and non-governmental organizations which may provide assistance in the implementation of this Convention;
Art.16.1.f (f) to compile information concerning approved national sites and facilities of Parties to this Convention available for the disposal and treatment of their hazardous wastes and to circulate this information;
Art.16.1.g (g) to receive and convey information from and to Parties on:
Art.16.1.g.ix - sources of technical assistance and training;
Art.16.1.g.iix - available technical and scientific know-how;
Art.16.1.g.iiix - sources of advice and expertise; and
Art.16.1.g.ivx - availability of resources;
Art.16.1.g.vx This information will assist them in,
Art.16.1.g.vix - the management of the notification system of this Convention;
Art.16.1.g.viix - environmentally sound clean production methods relating to hazardous wastes, such as clean production technologies;
Art.16.1.g.viiix - the assessment of disposal capabilities and sites;
Art.16.1.g.ixx - the monitoring of hazardous wastes; and
Art.16.1.g.xx - emergency responses;
Art.16.1.h (h) to provide Parties to this Convention with information on consultants or consulting firms having the necessary technical competence in the field, which can assist them with examining a notification for a transboundary movement, the concurrence of a shipment of hazardous wastes with the relevant notification, and/ or whether the proposed disposal facilities for hazardous wastes are environmentally sound, when they have reason to believe that the wastes in question will not be managed in an environmentally sound manner. Any such examinations would not be at the expense of the Secretariat;
Art.16.1.i (i) to assist Parties to this Convention in their identification of cases of illegal traffic and to circulate immediately to the Parties concerned any information it has received regarding illegal traffic;
Art.16.1.j (j) to co-operate with Parties to this Convention and with relevant and competent international organizations and agencies in the provision of experts and equipment for the purpose of rapid assistance to States in the event of an emergency situation; and
Art.16.1.k (k) to perform such other functions relevant to the purposes of this Convention as may be determined by the Conference of the Parties to this Convention.
Art.16.2 2. The Secretariat's functions shall be carried out on an interim basis by the Organization of African Unity (OAU) jointly with the United Nations Economic Commission for Africa (ECA) until the completion of the first meeting of the Conference of the Parties held pursuant to Article 15 of this Convention. At this meeting, the Conference of the Parties shall also evaluate the implementation by the interim Secretariat of the functions assigned to it, in particular under paragraph 1 above, and decide upon the structures appropriate for those functions.
Art.17 ARTICLE 17 Amendment of the Convention and of Protocols
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, technical, environmental and social considerations.
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 their information.
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 two-thirds majority vote of the Parties present and voting at the meeting. It shall then be submitted by the depository to all Parties for ratification, approval, formal confirmation or acceptance.
Art.17.3x Amendment of Protocols to this Convention
Art.17.4 4. The procedure specified 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.
Art.17.4x General Provisions
Art.17.5 5. Instruments of ratification, approval, formal confirmation or acceptance of amendments shall be deposited with the Depository. Amendments adopted in accordance with paragraph 3 or 4 above shall enter into force between Parties having accepted them, on the ninetieth day after the receipt by the Depository of the instrument of ratification, approval, formal confirmation or acceptance by at least two-thirds of the Parties who accepted the amendments to the Protocol concerned, 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.
Art.17.6 6. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.
Art.19 ARTICLE 19 Verification
Art.19.1x Any Party which has reason to believe that another Party is acting or has acted in breach of its obligations under this Convention must inform the Secretariat thereof, and in such an event, shall simultaneously and immediately inform, directly or through the Secretariat, the Party against whom the allegations are made. The Secretariat shall carry out a verification of the substance of the allegation and submit a report thereof to all the Parties to this Convention.