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In facing increased risk to human health and the environment associated with the transboundary movement and disposal of hazardous wastes, UNEP introduced the Basel Convention, which was adopted on 22 March 1989. Recognizing that the Basel Convention could be used as a base upon which a more specific legal document could be developed to provide greater degree of protection over the Sea Area surrounded by the eight ROPME Member States, the Secretariat in cooperation with UNEP prepared the first draft of the Protocol in 1989. The draft was reviewed by three legal/technical expert meetings in 1989, 1993 and 1994 respectively.
The text of the revised draft Protocol was sent to the Secretariat of Basel Convention, ELI/PAC of UNEP and IMO for review and comments. The comments received were incorporated and the final draft was presented to the Fourth Legal/Technical Expert Meeting held in Tehran, I.R. Iran during 22–24 December 1997. Finally, the Plenipotentiaries Meeting was held in Tehran, I.R. Iran on Tuesday, 17 March 1998و which six ROPME Member States signed the Protocol.
This Protocol addresses major issues of concern to countries of the Region. It provides maximum protection against marine pollution resulting from transboundary movements of wastes, operational pollution from ships and dumping of wastes at sea. In the meantime, it promotes regional cooperation to address all aspects of hazardous wastes and to ensure environmentally sound management of wastes. Through such a regional cooperation we will be able to establish and run reception facilities to control the operational pollution from ships. We will be able to establish an effective monitoring and surveillance system to detect and control dumping of wastes at sea. And, we will be able to utilize the existing facilities as well as those to be established in the Region to a fuller capacity to handle wastes in an environmentally sound manner.
We refer here to some of the protocol articles for further clarification;
SCOPE OF THE PROTOCOL
1. This Protocol shall apply to the following wastes that are subject to transboundary movements to, from or through the Protocol Area and their disposal:
a) Wastes that belong to any category contained in Annex I shall be hazardous wastes, unless they do not possess any of the characteristics contained in Annex III; and
b) Wastes that belong to any category contained in Annex II shall be other wastes.
2. Wastes which, as a result of being radioactive, are subject to other international control systems, are excluded from the scope of this Protocol.
3. Wastes which derive from offshore installations, as covered by the Protocol concerning Marine Pollution resulting from Exploration and Exploitation of the Continental Shelf, 1989, are excluded from the scope of this Protocol.
4. Nothing in this Protocol shall be construed as prohibiting or regulating the overland or airborne transboundary movements and disposal of hazardous wastes and other wastes, which movements and disposals do not intrude upon the marine environment of the Protocol Area
GENERAL OBLIGATIONS
1. Contracting States shall ensure that the generation of hazardous wastes or other wastes is reduced to a minimum, taking into account social, technological and economic aspects.
2. Each Contracting State shall prohibit all persons under its national jurisdiction from transporting or disposing of hazardous wastes or other wastes unless such persons are authorized or allowed to perform such types of operations.
3. Each Contracting State shall take appropriate measures to ensure that persons involved in the management of hazardous wastes and other wastes under its national jurisdiction take such steps as are necessary to prevent pollution due to hazardous wastes or other wastes arising from such management and, if such pollution occurs, to minimize the consequences thereof for human health and the environment.
4. Each Contracting State shall require that hazardous wastes and other wastes that are to be the subject of a transboundary movement be packaged, labelled, and transported in conformity with generally accepted and recognized international rules and standards.
5. Each Contracting State shall require that hazardous wastes and other wastes be accompanied by a movement document from the point at which a transboundary movement commences to the point of disposal.
6. Contracting States shall ensure the effective control of transport and disposal facilities for hazardous wastes or other wastes including routine inspection and monitoring of environmental effects of these operations.
7. Each Contracting State shall require that hazardous wastes or other wastes, to be exported, are managed in an environmentally sound manner in the State of import or elsewhere.
8. Contracting States shall cooperate in monitoring the effects of the management of hazardous wastes and other wastes on human health and the environment.
9. Contracting States shall cooperate in the development of programmes of technical and other assistance related to the environmentally sound management of hazardous wastes and other wastes.
10. Contracting States shall consider that illegal traffic in hazardous wastes or other wastes is criminal.
11. Each Contracting State shall take appropriate legal, administrative and other measures to implement and enforce the provisions of this Protocol, including measures to prevent and punish conduct in contravention of the Protocol.
12. Each Contracting State shall designate its Competent Authority responsible for the fulfilment of the obligations and duties specified in the Protocol.
13. Contracting States exercising their right to prohibit the import of hazardous wastes or other wastes for disposal shall inform in writing other Contracting States directly or through the Organisation. The Contracting States shall prohibit or shall not permit the export of hazardous wastes and other wastes to those Contracting States which have prohibited the import of such wastes.
14. Nothing in this Protocol shall affect in any way the sovereignty of Contracting States over their territorial sea established in accordance with international law, and the sovereign rights and the jurisdiction which Contracting States have in their exclusive economic zones and their continental shelves in accordance with international law, and the exercise by ships and aircraft of all States of navigational rights and freedoms as provided for in international law and as reflected in relevant international instruments.
PROHIBITION ON IMPORTATION
1. The importation of hazardous wastes or other wastes from non-Contracting States into or through the Protocol Area for the purposes of final disposal by any Contracting State is prohibited.
2. Contracting States may import hazardous wastes or other wastes for the purposes of resource recovery, recycling, reclamation, direct re-use or alternative uses from non-Contracting States through the Protocol Area, provided:
a) The State of import has the facilities and technical capacity to manage the hazardous wastes and other wastes in an environmentally sound manner consistent with the Regional Technical Guidelines and such facilities are registered with the Organization in consultation with the Competent Authority of the State of import;
b) The State of export lacks the technical capacity, the necessary facilities, or suitable disposal sites to dispose of the hazardous wastes and other wastes in an environmentally sound manner; and
c) The transboundary movement of wastes is consistent with all relevant international agreements and national laws.
PROHIBITION ON DISPOSAL
1. Disposal of hazardous wastes in the Protocol Area is prohibited unless they are destined for operations specified in Annex IV Section B.
2. In conformity with relevant international legal regimes all ships must provide adequate waste receiving facilities on-board for subsequent discharge of wastes to national/Regional reception facilities. Adequate national and/or Regional facilities shall be provided for the reception of such wastes and the wastes generated from ports. Contracting States may levy charges for services rendered at the reception facilities towards management of wastes, taking into consideration the national regulations and Regional Technical Guidelines.
3. Disposal of other wastes shall require a prior permit as granted by the Competent Authority of each Contracting State in accordance with the Regional Technical Guidelines.
EXPORTATION OF HAZARDOUS WASTES AND OTHER WASTES
TO NON-CONTRACTING STATES
The export of hazardous wastes and other wastes by a Contracting State to a non-Contracting State is allowed provided that:
a) The State of export notifies other States concerned, through the Organization, of its intent to export hazardous wastes or other wastes;
b) The State of import has the facilities and technical capacity to manage the hazardous wastes and other wastes in an environmentally sound manner; and
c) The transboundary movement is consistent with the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, other relevant international agreements, and national laws.
TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND OTHER WASTES BETWEEN CONTRACTING STATES.
1. Except as provided in paragraph 2 below, no Contracting State shall export hazardous wastes and other wastes to any other Contracting State unless:
a) Regional Technical Guidelines have been adopted by the Council;
b) The State of import has the facilities and technical capacity to manage the hazardous wastes and other wastes in an environmentally sound manner consistent with the Regional Technical Guidelines and such facilities are registered with the Organization in consultation with the Competent Authority of the State of import; and
c) The State of export lacks the technical capacity, the necessary facilities or suitable disposal sites to dispose of the hazardous wastes and other wastes in accordance with the Regional Technical Guidelines.
2. Hazardous wastes or other wastes may be exported by a Contracting State to another Contracting State for operations specified in Annex IV section B.
3. The State of export shall notify in writing the Contracting States concerned, directly or through the Organization, of any proposed transboundary movement of hazardous wastes and other wastes. Such notification shall contain the declaration and information specified in Annex V A. Only one notification needs to be sent to each Contracting State concerned, with a copy to the Organization.
4. 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, with a copy to the Organization.
5. Each State of transit which is a Contracting State shall promptly acknowledge to the notifier receipt of the notification. It may subsequently respond to the notifier in writing, within thirty 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 Contracting State 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 Contracting States of its decision. In this latter case, if no response is received by the State of export within thirty 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.
6. A copy of the movement documents described in Annex V B should be sent to the Organization along with the notification.
7. Any transboundary movement of hazardous wastes and/ 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.
8. Contracting States shall cooperate with a view to achieving the objectives of this Article, and shall endeavour to promote sound environmental management of hazardous wastes and other wastes in accordance with the Regional Technical Guidelines.
