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Art.1 |
ARTICLE 1 Definitions |
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Art.1.0x |
For the purpose of this Convention: |
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Art.1.1 |
1. "Wastes" are substances or materials which are disposed of, or are intended to be disposed of, or are required to be disposed of by the provisions of national law; |
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Art.1.2 |
2. "Hazardous wastes" means wastes as specified in Article 2 of this Convention; |
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Art.1.3 |
3. "Management" means the prevention and reduction of hazardous wastes and the collection, transport, storage, and treatment either for the reuse or disposal, of hazardous wastes including after-care of disposal sites; |
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Art.1.4 |
4. "Transboundary movement" means any movement of hazardous wastes from an area under the national jurisdiction of any State to or through an area under the national jurisdiction of another State, or to or through an area not under the national jurisdiction of another State, provided at least two States are involved in the movement; |
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Art.1.5 |
5. "Clean production methods" means production or industrial systems which avoid, or eliminate the generation of hazardous wastes and hazardous products in conformity with Article 4, section 3 (f) and (g) of this Convention; |
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Art.1.6 |
6. "Disposal" means any operation specified in Annex III to this Convention; |
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Art.1.7 |
7. "Approval site or facility" means a site or facility for the disposal of hazardous wastes which is authorized or permitted to operate for this purpose by a relevant authority of the State where the site or facility is located; |
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Art.1.8 |
8. "Competent authority" means 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; |
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Art.1.9 |
9. "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 13 and 16; |
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Art.1.10 |
10. "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; |
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Art.1.11 |
11. "Area under the national jurisdiction of a State" means any land, marine area or airspace within which a State exercises administrative and regulatory responsibility in accordance with international law in regard to the protection of human health or the environment; |
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Art.1.12 |
12. "State of export" means a State from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated; |
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Art.1.13 |
13. "State of import" means a State to which a transboundary movement 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; |
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Art.1.14 |
14. "State of transit" means any State, other than the State of export or import, through which a movement of hazardous wastes is planned or takes place; |
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Art.1.15 |
15. "States concerned" means States of export or import, or transit states, whether or not Parties; |
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Art.1.16 |
16. "Person" means any natural or legal person; |
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Art.1.17 |
17. "Exporter" means any person under the jurisdiction of the State of export who arranges for hazardous wastes to be exported; |
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Art.1.18 |
18. "Importer" means any person under the jurisdiction of the State of import who arranges for hazardous wastes to be imported; |
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Art.1.19 |
19. "Carrier" means any person who carries out the transport of hazardous wastes; |
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Art.1.20 |
20. "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; |
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Art.1.21 |
21. "Disposer" means any person to whom hazardous wastes are shipped and who carries out the disposal of such wastes; |
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Art.1.22 |
22. "Illegal traffic" means any transboundary movement of hazardous wastes as specified in Article 9 of this Convention; |
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Art.1.23 |
23. "Dumping at sea" means the deliberate disposal of hazardous wastes at sea from vessels, aircraft, platforms or other man-made structures at sea, and includes ocean incineration and disposal into the seabed and sub-seabed. |
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Art.2 |
ARTICLE 2 Scope of the Convention |
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Art.2.1 |
1. The following substances shall be "hazardous wastes" for the purposes of this convention: |
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Art.2.1.a |
(a) Wastes that belong to any category contained in Annex I of this Convention; |
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Art.2.1.b |
(b) Wastes that are not covered under paragraph (a) above but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the State of export, import or transit; |
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Art.2.1.c |
(c) Wastes which possess any of the characteristics contained in Annex II of this Convention; |
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Art.2.1.d |
(d) Hazardous substances 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. |
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Art.2.2 |
2. Wastes which, as a result of being radioactive, are subject to any international control systems, including international instruments, applying specifically to radioactive materials, are included in the scope of this Convention. |
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Art.2.3 |
3. Wastes which derive from the normal operations of a ship, the discharge of which is covered by another international instrument, shall not fall within the scope of this Convention. |
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Art.9 |
ARTICLE 9 Illegal traffic |
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Art.9.1 |
1. For the purpose of this Convention, any transboundary movement of hazardous wastes under the following situations shall be deemed to be illegal traffic: |
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Art.9.1.a |
(a) if carried out without notification, pursuant to the provisions of this Convention, to all States concerned; or |
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Art.9.1.b |
(b) if carried out without the consent, pursuant to the provisions of this Convention, of a State concerned; or |
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Art.9.1.c |
(c) if consent is obtained from States concerned through falsification, misrepresentation or fraud; or |
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Art.9.1.d |
(d) if it does not conform in a material way with the documents; or |
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Art.9.1.e |
(e) if it results in deliberate disposal of hazardous wastes in contravention of this Convention and of general principles of international law. |
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Art.9.2 |
2. Each Party shall introduce appropriate national legislation for imposing criminal penalties on all persons who have planned, carried out, or assisted in such illegal imports. Such penalties shall be sufficiently high to both punish and deter such conduct. |
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Art.9.3 |
3. In 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 State of export shall ensure that the wastes in question are taken back by the exporter or the wastes in question are taken back by the exporter or generator or if necessary by itself into the State of export, within 30 days from the time the State of export has been informed about the illegal traffic. To this end the States concerned shall not oppose, hinder or prevent the return of those wastes to the State of export and appropriate legal action shall be taken against the contravenor( s). |
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Art.9.4 |
4. 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 importer or disposer, the State of import shall ensure that the wastes in question are returned to the exporter by the importer and that legal proceedings according to the provisions of this Convention are taken against the contravenor( s). |
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Art.17 |
ARTICLE 17 Amendment of the Convention and of Protocols |
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Art.17.1 |
1. Any Party may propose amendments to this Convention and any Party to a Protocol may propose amendments to that Protocol. Such amendments shall take due account, inter alia, of relevant scientific, technical, environmental and social considerations. |
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Art.17.2 |
2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any Protocol shall be adopted at a meeting of the Parties to the Protocol in question. The text of any proposed amendment to this Convention or to any Protocol, except as may otherwise be provided in such Protocol, 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 for their information. |
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Art.17.3 |
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 the Parties present and voting at the meeting. It shall then be submitted by the depository to all Parties for ratification, approval, formal confirmation or acceptance. |
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Art.17.3x |
Amendment of Protocols to this Convention |
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Art.17.4 |
4. The procedure specified in paragraph 3 above shall apply to amendments to any protocol, except that a two-thirds majority of the Parties to that Protocol present and voting at the meeting shall suffice for their adoption. |
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Art.17.4x |
General Provisions |
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Art.17.5 |
5. Instruments of ratification, approval, formal confirmation or acceptance of amendments shall be deposited with the Depository. Amendments adopted in accordance with paragraph 3 or 4 above shall enter into force between Parties having accepted them, on the ninetieth day after the receipt by the Depository of the instrument of ratification, approval, formal confirmation or acceptance by at least two-thirds of the Parties who accepted the amendments to the Protocol concerned, except as may otherwise be provided in such Protocol. The amendments shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval, formal confirmation or acceptance of the amendments. |
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Art.17.6 |
6. For the purpose of this Article, "Parties present and voting" means Parties present and casting an affirmative or negative vote. |
