INTRODUCTION
The phrase “transboundary movement of
waste” is an environmental law terminology which means any movement of
hazardous waste or other wastes from an area under the national jurisdiction of
one state to or through an area under the national jurisdiction. Thus, it will suffice from the above
definition of transboundary movement of waste that is in the movement of
hazardous waste without jurisdiction. The management of hazardous wastes has
been in the international environment agenda from the early 1980’s, when it was
included as one of three priority areas in the United Nations Environment
Programmes (UNEP). Thus, the essence of our discussion – legal instruments and
provision for the control of transboundary movement of waste under
international law.
DESIGNATION
OF COMPETENT AUTHORITIES AND FOCAL POINT
To facilitate the implementation of this
Convention, the Parties shall:
1. Designate or establish one or more
competent authorities and one focal point. One competent authority shall be
designated to receive the notification in case of a State of transit.
2. Inform the Secretariat, within three
months of the date of the entry into force of this Convention for them, which
agencies they have designated as their focal point and their competent
authorities.
3. Inform the Secretariat, within one
month of the date of decision, of any changes regarding the designation made by
them under paragraph 2 above.
TRANSBOUNDARY
MOVEMENT BETWEEN PARTIES
1. The State of export shall notify, or
shall require the generator or exporter to notify, in writing, through the
channel of the competent authority of the State of export, the competent
authority of the States concerned of any proposed transboundary movement of
hazardous wastes or other wastes Such notification shall contain the
declarations and information specified in Annex V A, written in a language
acceptable to the State of import. Only one notification needs to be sent to
each State concerned.
2. The State of import shall respond to
the notifier in writing, consenting to the movement with or without conditions,
denying permission for the movement, or requesting additional information. A
copy of the final response of the State of import shall be sent to the
competent authorities of the States concerned which are Parties.
3. The State of export shall not allow
the generator or exporter to commence the transboundary movement until it has
received written confirmation that:
(a) The notifier has received the
written consent of the State of import; and
(b) The notifier has received from the
State of import confirmation of the existence of a contract between the
exporter and the disposer specifying environmentally sound management of the
wastes in question.
4. Each State of transit which is a Party
shall promptly acknowledge to the notifier receipt of the notification. It may
subsequently respond to the notifier in writing, within 60 days, consenting to
the movement with or without conditions, denying permission for the movement,
or requesting additional information. The State of export shall not allow the
transboundary movement to commence until it has received the written consent of
the State of transit. However, if at any time a Party decides not to require
prior written consent, either generally or under specific conditions, for
transit transboundary movements of hazardous wastes or other wastes, or
modifies its requirements in this respect, it shall forthwith inform the other
Parties of its decision pursuant to Article 13. In this latter case, if no
response is received by the State of export within 60 days of the receipt of a
given notification by the State of transit, the State of export may allow the
export to proceed through the State of transit.
5. In the case of a transboundary
movement of wastes where the wastes are legally defined as or considered to be
hazardous wastes only:
(a) By the State of export, the
requirements of paragraph 9 of this Article that apply to the importer or
disposer and the State of import shall apply mutatis mutandis to the exporter
and State of export, respectively;
(b) By the State of import, or by the
States of import and transit which are Parties, the requirements of paragraphs
1, 3, 4 and 6 of this Article that apply to the exporter and State of export
shall apply mutatis mutandis to the importer or disposer and State of import,
respectively;
(c) By any State of transit which is a
Party, the provisions of paragraph 4 shall apply to such State.
6. The State of export may, subject to
the written consent of the States concerned, allow the generator or the
exporter to use a general notification where hazardous wastes or other wastes
having the same physical and chemical characteristics are shipped regularly to
the same disposer via the same customs office of exit of the State of export
via the same customs office of entry of the State of import, and, in the case
of transit, via the same customs office of entry and exit of the State or
States of transit.
7. The States concerned may make their
written consent to the use of the general notification referred to in paragraph
6 subject to the supply of certain information, such as the exact quantities or
periodical lists of hazardous wastes or other wastes to be shipped.
8. The general notification and written
consent referred to in paragraphs 6 and 7 may cover multiple shipments of
hazardous wastes or other wastes during a maximum period of 12 months.
9. The Parties shall require that each
person who takes charge of a transboundary movement of hazardous wastes or
other wastes sign the movement document either upon delivery or receipt of the
wastes in question. They shall also require that the disposer inform both the
exporter and the competent authority of the State of export 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
within the State of export, the competent authority of the State of export or
the exporter shall so notify the State of import.
10. The notification and response
required by this Article shall be transmitted to the competent authority of the
Parties concerned or to such governmental authority as may be appropriate in
the case of non-Parties.
11. Any transboundary movement of hazardous
wastes or other wastes shall be covered by insurance, bond or other guarantee
as may be required by the State of import or any State of transit which is a
Party.