Agreement On The Control Of Transboundary Shipments Of Hazardous And Other Wastes Between States Members Of The Commonwealth Of Independent States

Filename: 1996-TransboundaryShipmentsHazardousWastesCommonwealthOfIndependentStates.EN.txt

Agreement On The Control Of Transboundary Shipments Of Hazardous And Other Wastes Between States Members Of The Commonwealth Of Independent States (Russian title: Coглaшеmие o контроле за трансграничнон нгереаозкой опасных н дpугнх отходов)

Source: http://www.eco-portal.kz/modules.php?name=News&file=article&sid=14, downloaded 20070630

[UNOFFICIAL translation from Russian to English from Google's Russian Beta automatic translation software.]

The States Parties to this Agreement in government, hereinafter referred to as the Parties,

in accordance with the provisions of the Commonwealth of Independent States on the protection of public health and the environment,

mindful of the need for coordinated action in the control of transboundary movements of hazardous wastes and other wastes,

based on the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of March 22, 1989,

agreed on the following :

Article 1

Parties shall be guided by the following definitions and terms with the characteristics of hazardous wastes and other wastes :

- "waste" - substances or objects which are disposed of are to be removed or disposed of in accordance with national legislation;

- "hazardous waste" - waste (Annex 1 to this Agreement), which do not have the properties listed in Annex 2 of this Agreement, as well as waste as defined hazardous under the domestic law of the State of export, import or transit;

- "Other waste" - waste collected from households (garbage), and residues from incineration;

- "transboundary movement" - any movement of hazardous wastes or other wastes from the area under the national jurisdiction of one State to or through an area under the national jurisdiction of other States or to or through an area not under the national jurisdiction of any State, provided that such services are carried out, At least two States;

- "executive body" - ( "competent authority"), the State agency designated by the Party responsible for 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.

- "State of export" - State of this Agreement, which is scheduled to begin or transboundary movement of hazardous wastes or other wastes;

- "State of import" - State of this agreement, which is scheduled or the transport of hazardous and other wastes;

- "Transit State" - means any State that is not a State of export or import, through which the transport of hazardous and other wastes;

- "trafficking" - any transboundary movement of hazardous wastes or other wastes without notice and consent of the States or the consent of the States concerned by fraud, misrepresentation or fraud.

Article 2

Radioactive wastes covered by other international monitoring system, excluded from the scope of this Agreement.

Article 3

The parties agreed to take measures to :

- Management and control of the import (export) or transit through their territories of hazardous and other wastes;

- implement measures to ensure the environmental safety of transboundary movements of hazardous wastes and other wastes and promote interaction between the authorities responsible for their transportation;

- timely response measures arising in the transport of hazardous and other wastes;

- exchange of information on the development and implementation of low-waste technologies and minimize such waste;

- an environmental impact assessment of agreements and contracts for the transport of hazardous and other wastes;

- Implementation of monitoring compliance with the rules and regulations of Transboundary Movements of Hazardous Wastes and their Disposal;

- establishment of appropriate checkpoints equipped with the appropriate technical means;

- accounting transported across national boundaries and between the Commonwealth of Independent States and other hazardous wastes, exchange information on these services, operational communication of the facts of illegal traffic and to take measures to combat it.

Article 4

The Basel Convention Parties clarify regulations governing the transboundary movement of hazardous wastes and other wastes between the Commonwealth and across the territory of a State or States not Parties to this Agreement.

Article 5

Parties determine the executive bodies responsible for coordinating activities under this Agreement, including the monitoring of the import and export of hazardous and other wastes. Name and address of Parties to the Inter-State Environmental Council secretariat within a month after the signing of this Agreement.

The parties to the Basel Convention, exercise their right to vote against it regardless and without restrictions.

Article 6

Parties to offset damage to the natural environment and human health in the event of an accident occurring transboundary movements of hazardous wastes and other wastes. Cross-border movement of hazardous wastes and other wastes covered by insurance, bond or other security at the request of the State of import or transit.

Article 7

Issues relating to the interpretation or application of this Agreement shall be settled through negotiation, consultation with the competent authorities, or by other means agreed between the Parties.

Article 8

Changes and additions to this Agreement, including the changes made to the Basel Convention, is determined by agreement between the Parties, and a corresponding protocols.

Article 9

This Agreement shall be open for accession by other States which share its aims and principles and willing to assume the obligations deriving from it.

Article 10

This Agreement is for a term of five years and shall be automatically extended for successive periods of five years, unless otherwise decided.

Article 11

Any Party may withdraw from this Agreement by giving written notification to this effect no later than six months prior to withdrawal.

Article 12

In the Republic of Armenia Article 12 in accordance with clause

This Agreement shall apply provisionally upon signature and entry into force of the date of the deposit of the third notice of the Parties to domestic procedures necessary for its entry into force. The States Parties to comply with internal procedures later, it will enter into force after the date of notification to the depositary.

Done in Moscow on April 12, 1996 in one original copy in Russian. Original copy kept in the Executive Secretariat of the Commonwealth of Independent States, which shall send to each state that signed the agreement, a certified copy.

For the government of the Republic of Armenia: Article 12 words: "provisionally applied from the date of signing and ..." G. Bagratyan

For the government of the Republic of Moldova: A. Sangeli

For the government of Belarus: M. Chigir

For the government of the Russian Federation: Viktor Chernomyrdin

For the government of Georgia: Given the dissenting opinion N. Lekishvili

For the government of Tajikistan: J. Azimov

For the government of Kazakhstan: A. Kazhegeldin

For the government of Turkmenistan: R. Saparov

For the government of the Kyrgyz Republic: A. Jumagulov

For the government of Uzbekistan: B. Hamidov

The agreement is not signed by Azerbaijan and Ukraine.

Annex 1 to the Agreement on the Control of Transboundary Movements of Hazardous and Other Wastes

Major groups of hazardous waste

1. Medical waste from the medical care of patients in hospitals, clinics and hospitals.

2. Wastes from the production and processing of pharmaceutical products.

3. Waste pharmaceuticals, drugs and medicines.

4. Wastes from the manufacture, acquisition and use of biocides and phytopharmaceuticals.

5. Wastes from the production, acquisition and application of wood preservatives.

6. Wastes from the production, availability and use of organic solvents.

7. Waste heat treatment and containing cyanides.

8. Waste mineral oils unfit for their originally intended use.

9. Wastes in the form of emulsions and mixtures of oils / water, hydrocarbons / water.

10. Unwanted substances and products containing polychlorinated biphenyls (PCBs) and / or polychlorinated terphenyls (PCT) and / or polybrominated biphenyls (PBBs), or their impurities.

11. Unnecessary waste residues distillation, distillation and any pyrolytic treatment.

12. Wastes from the manufacture, acquisition and use of inks, dyes, pigments, paints, lacquers, varnishes.

13. Wastes from the production, availability and use of synthetic resins, latex, plasticizers, glues / adhesives.

14. Waste chemical substances arising from research and development or teaching activities which are not identified and / or are new and whose effects on man and / or the environment are not known.

15. Waste volatile nature, are not covered by other legislation.

16. Wastes from the production, availability and use of photographic materials for processing or photo.

17. Waste from surface treatment of metals and plastics.

18. Residues from industrial waste disposal operations.

19. Carbonyls metals.

20. Beryllium, beryllium.

21. Hexavalent chromium.

22. Copper.

23. Zinc.

24. Arsenic, arsenic.

25. Selenium, selenium compounds.

26. Cadmium, cadmium.

27. Antimony, antimony compounds.

28. Tellurium, tellurium compounds.

29. Mercury, Mercury.

30. Thallium, thallium.

31. Lead, lead compounds.

32. Inorganic compounds of fluorine, with the exception of calcium fluoride.

33. Inorganic cyanide.

34. Acid acid solutions or in solid form.

35. The main compound or solid ground.

36. Asbestos (powder and fiber).

37. Organic phosphorus compounds.

38. Organic cyanide.

39. Phenols, phenol compounds including chlorophenols.

40. Esters.

41. Halogenated organic solvents.

42. Organic solvents excluding halogenated solvents.

43. Any material such polychlorinated dibenzofuran.

44. Any material such polychlorinated dibenzopidioksina.

45. Organohalogen compounds other than substances referred to in this application (eg, 39, 41, 42, 43, 44).

Annex 2 to the Agreement on the Control of Transboundary Movements of Hazardous and Other Wastes

The list of hazards

N Rank

Properties

1

Explosives.

Explosives or waste is a solid or liquid substance or waste (or mixture of substances or wastes), which is capable of chemical reaction, emitting gases such temperature and pressure and at such a speed, causing damage to the surroundings.

2

Flammable liquids.

The term "flammable" tantamount term "легковоспламеняющиеся". Are flammable liquids, liquids or liquid mixtures containing solids in solution or suspension (for example : paints, lacquers, varnishes, etc., except for products or wastes classified differently, according to their hazard characteristics) which emit flammable vapours at or above 60.5 C in a closed vessel or more than 65.6 C in an open container. (Since the results obtained in the open and closed vessels may not be exactly comparable and even individual results obtained by the same method, often very different from one another, the rules, which differ from the figures cited above are in the spirit of these definitions).

3

Flammable solids.

Solids or solid waste, but are classified as explosives, which were found during transportation, can easily ignite or may cause or intensify fire through friction.

4

The substances or waste that can samovozgoratsya.

The substances or waste, which can spontaneously heat to the surroundings or in contact with the heated air, and then can samovosplamenyatsya.

The substances or waste, emit flammable gases in collaboration with water.

The substances or waste that is in contact with water can be allocated samovozgorayuschimisya or flammable gases in dangerous quantities.

6

Oxidizing substances.

Substances are not necessarily fuel, but usually through an oxygen may cause or contribute to the combustion of other materials.

7

Organic peroxides.

Organic substances contain bivalentnuyu group O, which are thermally unstable and prone to substance self exothermic decomposition.

8

Poisonous (Acute).

The substances or waste, which if swallowed by inhalation, digestion and through the skin, can cause death or to have a severe negative impact.

9

Infectious.

Substances or wastes containing living microorganisms or their toxins which are known or suspected to cause disease in animals or humans.

10

Corrosives.

The substances or waste, which by chemical exposure may direct contact severely damage living tissue, or in the event of spillage or leakage could cause damage and even destroying other goods or vehicles; They can also cause other hazards.

11

Of toxic gases in contact with air or water.

The substances or waste that is in contact with air or water can release toxic gases in dangerous quantities.

12

Toxic substances, delayed or chronic.

The substances or waste, which if swallowed by inhalation, digestion and through the skin can cause serious, prolonged or chronic diseases, including cancer.

13

Ecotoxic.

The substances or waste, which, if release into the environment can represent either immediately or over time, threaten the environment as a result of bioavailability and / or toxic effects on biotic systems.

14

Substances which may in any way after the removal of yielding another material,

for example, leachate, which possesses some of the characteristics above.

SPECIAL OPINION

Republic of Armenia on the draft Agreement on the Control of Transboundary Movements of Hazardous and Other Wastes

Article 12 words : "temporarily applied from the date of signing and ..."

G. Bagratyan

SPECIAL OPINION

Georgia to the draft Agreement on the Control of Transboundary Movements of Hazardous and Other Wastes "

We believe that the draft agreement be amended as follows :

Article 2 : Delete the words "... and the special goods and products for military use."

Article 3 : In the beginning of the article should be added the words : "In accordance with the principles of the Basel Convention, the national laws and regulations", hereinafter;

Article 5 : At the end of the article added : "Parties that are also Parties to the Basel Convention, exercise their right to vote against it regardless, without limitation, as stipulated in article 24 of the Basel Convention;

Article 8 : The article concludes with a paragraph added : "In the event that amendments and additions to the Basel Convention, the Agreement will also be adjusted accordingly with the consent of the parties."

State Minister of Georgia N. Lekishvili