Explanatory Memorandum to COM(2011)411 - EU position with regard to the interpretation of paragraph 5 of Article 17 of the Basel Convention at the 10th Conference of the Parties to the Basel Convention (COP 10) on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal - Main contents
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| dossier | COM(2011)411 - EU position with regard to the interpretation of paragraph 5 of Article 17 of the Basel Convention at the 10th Conference of ... |
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| source | COM(2011)411  |
| date | 07-07-2011 |
2. The Basel Convention establishes a control procedure for the export and import of hazardous wastes between Parties. The Convention entered into force in 1992 and now binds 175 Parties.
3. In 1995, the 3rd Conference of the Parties to the Basel Convention (COP3) adopted by Decision III/1 an amendment to the Convention prohibiting hazardous wastes exports for final disposal and recycling from what are known as Annex VII countries (Basel Convention Parties that are members of the EU, OECD, Liechtenstein) to non-Annex VII countries (all other Parties to the Convention) (the 'Ban Amendment').
4. The EU accepted the Ban Amendment on 30 September 1997.
5. Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste i transposes the provisions of the Basel Convention and the Ban Amendment into EU law by establishing a system of supervision and control to apply to shipments of waste within, into and out of the EU and, in particular, prohibiting exports of hazardous waste from the EU to non-OECD countries.
6. The Ban Amendment has not yet entered into force. So far, 69 Parties to the Basel Convention have ratified the Ban Amendment. Parties have been unable to reach consensus on an agreed interpretation of paragraph 5 of Article 17 of the Basel Convention (Annex I to this Decision) which governs the number of ratifications required for the entry into force of amendments to the Convention. There have been persistent diverging views amongst Parties on how many Parties need to ratify the Ban Amendment before it can enter into force despite huge efforts since the 8th Conference of the Parties (COP8).
7. Given the length of time that has elapsed since the adoption of the Ban Amendment and in order to break the deadlock, the Indonesian President of the 9th Conference of the Parties (COP9) developed a statement ' on the possible way forward on the Ban Amendment ' that has been unanimously acknowledged by Parties through Decision IX/26.
8. By this statement, the President sought to launch a process which intends to reaffirm the objectives of the Ban Amendment and explore the means by which these objectives might be achieved. He called upon all Parties to create enabling conditions through, among other measures, country-led initiatives conducive to attainment of the objectives of the Ban Amendment. Such country-led initiatives would serve to contribute to gathering momentum to encourage ratification of the Amendment and to expedite its entry into force.
9. Responding to this invitation, Indonesia and Switzerland launched a country-led initiative with a view to developing recommendations for the 10th Conference of the Parties (COP10) for a way forward to protect vulnerable countries without adequate capacity to manage hazardous wastes in an environmentally sound manner from unwanted import of hazardous waste and to ensure that transboundary movement of hazardous wastes, especially to developing countries, constitute an environmentally sound management of hazardous wastes as required by the Basel Convention.
10. The draft recommendations prepared by Indonesia and Switzerland propose to resolve, without prejudice to any other multilateral environmental agreement, that the meaning of paragraph 5 of Article 17 of the Basel Convention be interpreted so as to mean that the acceptance of three-fourths of the Parties at the time of the adoption of the amendment is required for the coming into force of such amendment, noting that such an interpretation of paragraph 5 of Article 17 does not compel any Party to ratify an amendment.
In view of the above, at COP10 the Union should support the adoption of the decision addressing the entry into force of the Ban Amendment with regard to the interpretation of paragraph 5 of Article 17 of the Basel Convention, as recommended by Indonesia and Switzerland.