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Paragraphs in "Convention To Ban The Importation Into The Forum Island Countries Of Hazardous And Radioactive Wastes And To Control The Transboundary Movement And Management Of Hazardous Wastes Within The South Pacific Region" coded as SUBS

Label Provision
Art.4 Article 4
Art.4.1 1. Hazardous wastes and radioactive wastes import and export ban
Art.4.1.a (a) Each Pacific Island Developing Party shall take appropriate legal, administrative and other measures within the area under its jurisdiction to ban the import of all hazardous wastes and radioactive wastes from outside the Convention Area. Such import shall be deemed an illegal and criminal act; and
Art.4.1.b (b) Each Other Party shall take appropriate legal, administrative and other measures within the area under its jurisdiction to ban the export of all hazardous wastes and radioactive wastes to all Forum Island Countries, or to territories located in the Convention Area with the exception of those that have the status of Other Parties in accordance with Annex IV. Such export shall be deemed an illegal and criminal act.
Art.4.2 2. To facilitate compliance with paragraph 1 of this Article, all Parties:
Art.4.2.a (a) shall forward in a timely manner all information relating to illegal hazardous wastes and radioactive wastes import activity within the area under its jurisdiction to the Secretariat who shall distribute the information as soon as possible to all Parties; and
Art.4.2.b (b) shall cooperate to ensure that no illegal import of hazardous wastes and radioactive wastes from a non-Party enters areas under the jurisdiction of a Party to this Convention.
Art.4.3 3. Ban on dumping of hazardous wastes and radioactive wastes at sea
Art.4.3.a (a) Each Party which is a Party to the London Convention, the South Pacific Nuclear Free Zone Treaty, 1985, the 1982 United Nations Convention on the Law of the Sea or the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping, 1986, reaffirms the commitments under those instruments which require it to prohibit dumping of hazardous wastes and radioactive wastes at sea; and
Art.4.3.b (b) Each Party which is not a Party either to the London Convention or the Protocol for the Prevention of Pollution of the South Pacific Region by Dumping, 1986, should consider becoming a Party to both of those instruments.
Art.4.4 4. Wastes located in the Convention Area
Art.4.4.0x Each Party shall:
Art.4.4.a (a) ensure that within the area under its jurisdiction, the generation of hazardous wastes is reduced at its source to a minimum taking into account social, technological and economic needs;
Art.4.4.b (b) take appropriate legal, administrative and other measures to ensure that within the area under its jurisdiction, all transboundary movements of hazardous wastes generated within the Convention Area are carried out in accordance with the provisions of this Convention;
Art.4.4.c (c) ensure the availability of adequate treatment and disposal facilities for the environmentally sound management of hazardous wastes, which shall be located, to the extent practicable, within areas under its jurisdiction, taking into account social, technological and economic considerations. However, where Parties are for geographic, social or economic reasons unable to dispose safely of hazardous wastes within those areas, cooperation should take place as provided for under Article 10 of this Convention;
Art.4.4.d (d) in cooperation with SPREP, participate in the development of programmes to manage and simplify the transboundary movement of hazardous wastes which cannot be disposed of in an environmentally sound manner in the countries in which they are located. Provided that such programmes do not derogate from the environmentally sound management of hazardous wastes as required by this Convention, they may be registered as arrangements under Article 11 of this Convention;
Art.4.4.e (e) develop a national hazardous wastes management strategy which is compatible with the SPREP South Pacific Regional Pollution Prevention, Waste Minimization and Management Programme;
Art.4.4.f (f) submit to the Secretariat such reports as the Conference of the Parties may require regarding the hazardous wastes generated in the area under its jurisdiction in order to enable the Secretariat to produce a regular hazardous wastes report;
Art.4.4.g (g) subject to Article 11 of this Convention, prohibit within the area under its jurisdiction hazardous wastes from being exported to or imported from non-Parties within the Convention Area; and
Art.4.4.h (h) take appropriate legal, administrative and other measures to prohibit vessels flying its flag or aircraft registered in its territory from carrying out activities in contravention of this Convention.
Art.4.5 5. Radioactive wastes
Art.4.5.a (a) Parties shall give active consideration to the implementation of the IAEA Code of Practice on the International Transboundary Movement of Radioactive Wastes and such other international and national standards which are at least as stringent; and
Art.4.5.b (b) subject to available resources, Parties shall actively participate in the development of the Convention on the Safe Management of Nuclear Waste.
Art.4.6 6. Domestically prohibited goods:
Art.4.6.a (a) subject to available resources, Parties shall endeavour to participate in relevant international fora to find an appropriate global solution to the problems associated with the international trade of domestically prohibited goods; and
Art.4.6.b (b) nothing in this Convention shall be interpreted as limiting the sovereign right of Parties to act individually or collectively, consistent with their international obligations, to ban the importation of domestically prohibited goods into areas under their jurisdiction.
Art.5 Article 5
Art.5.1 1. To facilitate the implementation of this Convention, each Party shall designate or establish one competent authority and one focal point. A Party need not designate or establish new or separate authorities to perform the functions of the competent authority and the focal point.
Art.5.2 2. The competent authority shall be responsible for the implementation of notification procedures for transboundary movement of hazardous wastes in accordance with the provisions of Article 6 of this Convention.
Art.5.3 3 The focal point shall be responsible for transmitting and receiving information in accordance with the provisions of Article 7 of this Convention.
Art.5.4 4. The Parties shall inform the Secretariat, within three months of the date of the entry into force of this Convention for them, which authorities they have designated or established as the competent authority and the focal point.
Art.6 Article 6
Art.6.1 1. The exporting Party shall notify, or shall require the generator or exporter to notify, in writing, through its competent authority, the competent authority of the countries concerned of any proposed transboundary movement of hazardous wastes. Such notification shall contain the declarations and information specified in Annex VIA of this Convention, written in a language acceptable to the importing Party. Only one notification needs to be sent to each country concerned.
Art.6.2 2. The importing Party shall acknowledge within reasonable time, which in the case of Other Parties shall not exceed fourteen working days, the receipt of the notification referred to in paragraph 1 of this Article. The importing Party shall have sixty days after issuing the acknowledgement to inform the notifier that it is consenting to the movement, with or without conditions, denying permission for the movement or requesting additional information. In the event that additional information has been sought, a new period of twenty one days recommences from the time of receipt of the additional information.
Art.6.3 3. The exporting Party shall not allow the transboundary movement until it has received:
Art.6.3.a (a) written consent of the importing Party;
Art.6.3.b (b) written consent from every transit Party;
Art.6.3.c (c) written consent of every non-Party country of transit;
Art.6.3.d (d) written confirmation from the importing Party of the existence of a contract between the exporter and the disposer specifying the environmentally sound management of the wastes in question; and
Art.6.3.e (e) written confirmation from the exporter of the existence of adequate insurance, bond or other guarantee satisfactory to the exporting Party.
Art.6.4 4. Each transit Party shall acknowledge within reasonable time, which in the case of Other Parties shall not exceed fourteen working days, the receipt of the notification referred to in paragraph 1 of this Article. Each transit Party shall have sixty days after issuing the acknowledgement to inform the notifier that it is consenting to the movement, with or without conditions, denying permission for the movement or requesting additional information. In the event that additional information has been sought, a new period of twenty one days recommences from the time of receipt of the additional information.
Art.6.5 5. In the case of a transboundary movement of hazardous wastes, where the wastes are legally defined as or are considered to be hazardous wastes only:
Art.6.5.a (a) by the exporting Party, the requirement at paragraph 10 of this Article, that any transboundary movement shall be covered by insurance, bond or other guarantee shall be as required by the exporting Party; or
Art.6.5.b (b) by the importing Party, or the transit Party, the requirements of paragraphs 1, 3, 4, and 6 of this Article that apply to the exporter and exporting Party, shall apply mutatis mutandis to the importer or disposer and importing Party, respectively; or
Art.6.5.c (c) by any transit Party, the provisions of paragraph 4 of this Article shall apply to such Party.
Art.6.6 6. The exporting Party may, subject to the written consent of the countries concerned, allow the generator or the exporter to use a general notification where hazardous wastes having the same physical and chemical characteristics are shipped regularly to the same disposer via the same customs office of exit of the exporting Party, via the same customs office of entry of the importing Party, and, in the case of transit, via the same customs office of entry and exit of the Party or Parties of transit.
Art.6.7 7. The countries concerned may make their written consent to the use of the general notification referred to in paragraph 6 of this Article subject to the supply of certain information, such as the exact quantities or periodical lists of hazardous wastes to be shipped.
Art.6.8 8. The general notification and written consent referred to in paragraphs 6 and 7 of this Article may cover multiple shipments of hazardous wastes during a maximum period of twelve months.
Art.6.9 9. Each transboundary movement of hazardous wastes shall be accompanied by a movement document which includes the information listed in Annex VIB. 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 the disposer to inform both the exporter and the competent authority of the exporting Party 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 by the exporting Party, the competent authority of the exporting Party or the exporter shall so notify the importing Party.
Art.6.10 10. Any transboundary movement of hazardous wastes shall be covered by insurance, bond or other guarantee as may be required or agreed to by the importing Party or any transit Party.
Art.8 Article 8
Art.8.1 1. The exporting Party shall adopt appropriate administrative and legal measures to ensure that when an authorised transboundary movement of hazardous wastes cannot be completed in accordance with the terms of the contract or of this Convention, the wastes in question are returned to it by the exporter. To this end, the importing Party and the transit Party or Parties shall not oppose, hinder or prevent the return of those wastes to the exporting Party.
Art.8.2 2. Notwithstanding the provisions of paragraph 1 of this Article, where an authorised transboundary movement of hazardous wastes cannot be completed within the terms of the contract or the terms of this Convention, the exporting Party need not re-import those wastes provided that alternative arrangements are made for the disposal of the wastes in a manner which is compatible with the environmentally sound management of hazardous wastes as required by this Convention and other international legal obligations. Such disposal shall take place within ninety days from the time that the importing Party informed the exporting Party and the Secretariat, or such other period of time as the Parties concerned agree.
Art.9 Article 9
Art.9.1 1. For the purpose of this Convention, any transboundary movement of hazardous wastes shall be deemed to be illegal traffic if:
Art.9.1.a (a) carried out without notification, pursuant to the provisions of this Convention, to all countries concerned;
Art.9.1.b (b) carried out without the consent, pursuant to the provisions of this Convention, of a country concerned;
Art.9.1.c (c) consent is obtained from countries concerned through falsification, misrepresentation or fraud;
Art.9.1.d (d) the contents do not conform in a material way with the supporting documentation;
Art.9.1.e (e) it results in deliberate disposal of hazardous wastes in contravention of this Convention, other relevant international instruments and of general principles of international law; or
Art.9.1.f (f) it is in contravention of the import or export bans established by Article 4.1.
Art.9.2 2. Each Party shall introduce or adopt appropriate national legislation to prevent and punish illegal traffic. The Parties shall cooperate with a view to achieving the objects of this Article.
Art.9.3.a 3. (a) 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 exporter or generator, the exporting Party shall ensure that, within thirty days from the time the exporting Party has been informed about the illegal traffic or such other period of time the countries concerned may agree, the wastes in question are either:
Art.9.3.a.i (i) taken back by the exporter or generator or if necessary by itself into the exporting Party; or, if impracticable,
Art.9.3.a.ii (ii) otherwise disposed of in accordance with the provisions of this Convention;
Art.9.3.b (b) in the case of paragraph 3(a)(i) of this Article, the Parties concerned shall not oppose, hinder or prevent the return of those wastes to the exporting Party.
Art.9.4 4. In the case of a transboundary movement of hazardous wastes deemed to be illegal traffic as a result of conduct on the part of the importer or disposer, the importing Party 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 thirty days from the time the illegal traffic has come to the attention of the importing Party or such time as the countries concerned may agree. To this end, the importing Party and the exporting Party shall cooperate, as necessary, in the disposal of the wastes in an environmentally sound manner.
Art.9.5 5. 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 any other Parties, as appropriate, shall ensure through cooperation that the wastes in question are disposed of as soon as possible in an environmentally sound manner either in the exporting Party or the importing Party or elsewhere as appropriate.
Art.9.6 6. The Secretariat shall undertake the necessary coordination with the Secretariat of the Basel Convention in relation to the effective prevention and monitoring of illegal traffic in hazardous wastes. Such coordination shall include:
Art.9.6.a (a) exchanging information on incidents or alleged incidents of illegal traffic in the Convention Area and on the appropriate steps to remedy such incidents; and
Art.9.6.b (b) providing assistance in the field of capacity building including development of national legislation and of appropriate infrastructure in the Pacific Island Developing Parties with a view to the prevention and penalization of illegal traffic of hazardous wastes.
Art.10 Article 10
Art.10.1 1. The Parties to this Convention shall cooperate with one another, non-Parties and relevant regional and international organisations, to facilitate the availability of adequate treatment and disposal facilities and to improve and achieve the environmentally sound management of hazardous wastes. Such facilities shall be located within the Convention Area to the extent practicable taking into account social, technological and economic considerations.
Art.10.2 2. To this end, the Parties shall:
Art.10.2.a (a) upon request, make information available, whether on a bilateral or regional basis, with a view to promoting the environmentally sound management of hazardous wastes, including harmonisation of relevant technical standards and practices;
Art.10.2.b (b) cooperate in monitoring the effects of hazardous wastes and their management on human health and the environment;
Art.10.2.c (c) cooperate, subject to their national laws and policies, in the development and implementation of new environmentally sound and cleaner production technologies and the improvement of existing technologies. Such cooperation shall be 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 impacts of the adoption of such new and improved technologies;
Art.10.2.d (d) cooperate, subject to their national laws and policies, actively in the transfer of technology and management systems related to the environmentally sound management of hazardous wastes. They shall also cooperate in developing the technical capacity and infrastructure of Parties, especially those which may need and request technical assistance in this field; and
Art.10.2.e (e) cooperate in developing appropriate technical guidelines and/or codes of practice.
Art.10.3 3. The Secretariat shall encourage Other Parties and other concerned developed countries to take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies and know-how to Pacific Island Developing Parties, to enable them to implement the provisions of this Convention. Other Parties undertake to cooperate with the Secretariat in this regard.
Art.10.4 4. Taking into account the needs of developing countries, Parties shall encourage cooperation with international organisations in order to promote, among other things, public awareness, the development of rational management of hazardous wastes, and the adoption of new technologies which are environmentally sound, including cleaner production technologies.
Art.11 Article 11
Art.11.1 1. Notwithstanding the provisions of Article 4.4(g), Parties to this Convention may enter into bilateral, regional or multilateral agreements or arrangements with non-Parties regarding the transboundary movement and management of hazardous wastes provided that such agreements or arrangements do not derogate from the provisions of Article 4.1 or from the environmentally sound management of such wastes as required by this Convention.
Art.11.2 2. The Parties shall notify the Secretariat of any bilateral, regional or multilateral 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 or arrangements.
Art.11.3 3. The provisions of this Convention shall not affect transboundary movements of hazardous wastes which take place pursuant to such agreements or arrangements provided that such agreements or arrangements are compatible with the environmentally sound management of hazardous wastes as required by this Convention.
Art.17 Article 17
Art.17.1 1. The Conference of the Parties may, at any ordinary meeting, adopt protocols to this Convention.
Art.17.2 2. The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least six months before the meeting at which it is proposed for adoption.
Art.17.3 3. The procedure specified in Article 16.3 shall apply to the adoption of, and any amendments to, any protocol.
Art.17.4 4. The requirements for the entry into force of any protocol or subsequent amendments to such protocol shall be established by that protocol.
Art.17.5 5. Decisions under any protocol shall be taken only by the Parties to that protocol.