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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 DEFN

Label Provision
Art.1 Article 1
Art.1.1x For the purposes of this Convention:
Art.1.1x.ax "Approved site or facility" means a site or facility for the disposal of hazardous wastes which is authorised or permitted to operate for this purpose by a relevant authority of the Party where the site or facility is located;
Art.1.1x.bx "Area under the jurisdiction of a Party" means any land, marine area or airspace within which a Party exercises administrative and regulatory responsibility in accordance with international law in regard to the protection of human health or the environment;
Art.1.1x.cx "Authorised transboundary movement" means a transboundary movement of hazardous wastes to which the consent of the Parties concerned has been given in accordance with the provisions of this Convention;
Art.1.1x.dx "Basel Convention" means the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989;
Art.1.1x.ex "Carrier" means any person who carries out the transport of hazardous wastes;
Art.1.1x.fx "Cleaner production" means the conceptual and procedural approach to production that demands that all phases of the life-cycle of a product or process should be addressed, with the objective of prevention or minimisation of short and long-term risks to humans and to the environment;
Art.1.1x.gx "Competent authority" means any 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 and any information related to it, and for responding to such a notification, as provided in Article 6 of this Convention;
Art.1.1x.hx "Convention Area" shall comprise:
Art.1.1x.hx.ix (i) the land territory, internal waters, territorial sea, continental shelf, archipelagic waters and exclusive economic zones established in accordance with international law of:
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Art.1.1x.hx.ii (ii) those areas of high seas which are enclosed from all sides by the exclusive economic zones referred to in sub-paragraph (i);
Art.1.1x.hx.iii (iii) areas of the Pacific Ocean which have been included in the Convention Area pursuant to Article 2.6;
Art.1.1x.ix "Countries concerned" means countries of export, import or transit whether or not Parties to this Convention;
Art.1.1x.jx "Days" means calendar days unless otherwise specified;
Art.1.1x.kx "Disposal" means any operation specified in Annex V to this Convention;
Art.1.1x.l "Disposer" means any person for whom hazardous wastes are destined and who carries out the actual disposal of such wastes;
Art.1.1x.m "Domestically prohibited goods" means substances or products which have been banned, cancelled or refused registration by government regulatory action, or voluntarily withdrawn from registration in the country of manufacture, for human health or environmental reasons;
Art.1.1x.n "Environmentally sound management of hazardous wastes" means taking all practicable steps to ensure that hazardous wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes;
Art.1.1x.o "Exporter" means any person under the jurisdiction of the exporting Party who arranges for hazardous wastes to be exported;
Art.1.1x.p "Exporting Party" means a Party from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated;
Art.1.1x.q "Focal point" means the entity of a Party referred to in Article 5 of this Convention responsible for receiving and submitting information as provided for in Articles 7 and 14;
Art.1.1x.r "Forum Island Countries" means all Members of the South Pacific Forum with the exception of Australia and New Zealand;
Art.1.1x.s "Generator" means any person whose activity produces hazardous wastes or, if that person is not known, the person who is in possession and/or control of those wastes;
Art.1.1x.t "Hazardous wastes" means wastes as specified in Article 2 of this Convention;
Art.1.1x.u "IAEA" means the International Atomic Energy Agency;
Art.1.1x.v "Illegal traffic" means any transboundary movement of hazardous wastes as specified in Article 9 of this Convention;
Art.1.1x.w "Importer" means any person under the jurisdiction of the importing Party who arranges for hazardous wastes to be imported;
Art.1.1x.x "Importing Party" means a Party to which transboundary movement of hazardous 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;
Art.1.1x.y "London Convention" means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;
Art.1.1x.z "Management" means the prevention and reduction of hazardous wastes and the collection, transport, storage, and treatment or disposal, of hazardous wastes including after-care of disposal sites;
Art.1.1x.aa "Other Party" means a Party listed in Annex IV or any Party which is accepted by the Conference of the Parties to be an Other Party in accordance with the procedures established pursuant to Article 13.4(g);
Art.1.1x.ab "Pacific Island Developing Party" means a Party listed in Annex III or any Party which is accepted by the Conference of the Parties to be a Pacific Island Developing Party in accordance with the procedures established pursuant to Article 13.4(g);
Art.1.1x.ac "Party" means a Party to this Convention;
Art.1.1x.ad "Person" means any natural or legal person;
Art.1.1x.ae "Precautionary principle" means the principle that in order to protect the environment, the precautionary approach shall be widely applied by Parties according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
Art.1.1x.af "Radioactive wastes" means wastes which, as a result of being radioactive, are subject to other international control systems, including international instruments, applying specifically to radioactive materials;
Art.1.1x.ag "Secretariat" means the Secretariat established pursuant to Article 14 of this Convention;
Art.1.1x.ah "SPREP" means the South Pacific Regional Environment Programme;
Art.1.1x.ai "Transboundary movement" means any movement of hazardous wastes from an area under the jurisdiction of any Party, to or through an area under the jurisdiction of another Party, or to or through an area not under the jurisdiction of another Party, provided at least two Parties are involved in the movement;
Art.1.1x.aj "Transit Party" means any Party, other than the exporting Party or importing Party, through which a movement of hazardous wastes is planned or takes place;
Art.1.1x.ak "Vessels" and "Aircraft" mean waterborne or airborne craft of any type whatsoever. This expression includes air cushioned craft and floating craft, whether self-propelled or not;
Art.1.1x.al "Wastes" means substances or materials which are disposed of, or are intended to be disposed of, or are required to be disposed of, by provisions of national legislation.
Art.2 Article 2
Art.2.0x Scope of the Convention
Art.2.1 1. The following substances shall be "hazardous wastes" for the purposes of this Convention:
Art.2.1.a (a) wastes that belong to any category contained in Annex I of this Convention, unless they do not possess any of the characteristics contained in Annex II of this Convention; and
Art.2.1.b (b) wastes that are not covered under sub-paragraph (a) above, but which are defined as, or are considered to be, hazardous wastes by the national legislation of the exporting, importing or transit Party to, from or through which such wastes are to be sent.
Art.2.2 2. Radioactive wastes are excluded from the scope of this Convention except as specifically provided for in Articles 4.1, 4.2, 4.3, and 4.5 of this Convention.
Art.2.3 3. Wastes which derive from the normal operations of a vessel, the discharge of which is covered by another international instrument, shall not fall within the scope of this Convention.
Art.2.4 4. Nothing in this Convention shall affect in any way the sovereignty of States over their territorial sea, the sovereign rights and jurisdiction that States have in their exclusive economic zones and continental shelves, and the exercise by vessels and aircraft of all States of navigational rights and freedoms, as provided for in international law and as reflected in the 1982 United Nations Convention on the Law of the Sea and other relevant international instruments.
Art.2.5 5. Nothing in this Convention shall affect in any way the rights and obligations of any Party under international law including under other international agreements in force. Such agreements include the London Convention as amended; the 1982 United Nations Convention on the Law of the Sea, including in particular Articles 31, 210 and 236 thereof; the South Pacific Nuclear Free Zone Treaty, 1985, including in particular Article 7 thereof; and the International Convention for the Prevention of Pollution from Ships, 1973.
Art.2.5x Area of coverage
Art.2.6 6. A Party may add areas under its jurisdiction within the Pacific Ocean between the Tropic of Cancer and 60 degrees South latitude and between 130 degrees East longitude and 120 degrees West longitude to the Convention Area. Such addition shall be notified to the Depositary who shall promptly notify the other Parties and the Secretariat. Such areas shall be incorporated within the Convention Area ninety days after notification to the Parties by the Depositary, provided there has been no objection to the proposal to add new areas by any Party. If there is any such objection the Parties concerned will consult with a view to resolving the matter.
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.16 Article 16
Art.16.1 1. Any Party may propose amendments to this Convention.
Art.16.2 2. Amendments to this Convention may be adopted only at a meeting of the Conference of the Parties at which at least two-thirds of the Parties are represented. The text of any proposed amendment to this Convention 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 and to the Depositary for their information.
Art.16.3 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 Parties present and voting, each Party having one vote, and shall be submitted by the Depositary to all Parties for ratification, approval or acceptance.
Art.16.4 4. Instruments of ratification, acceptance or approval of amendments shall be deposited with the Depositary. Amendments shall enter into force between Parties having accepted such amendments on the ninetieth day following the date of receipt by the Depositary of the instruments of at least three-fourths of the Parties to this Convention. Thereafter the amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits its instrument.
Art.16.5 5. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote.