Amendment to the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Wastes, Washington, 1992

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November 4, 1992

His Excellency Derek H. Burney Ambassador of Canada

Excellency:

I have the honor to refer to recent discussions between representatives of our two governments regarding the Agreement between the United States of America and Canada Concerning the Transboundary Movement of Hazardous Wastes, which was signed October 28, 1986, and which entered into force November 8, 1986 (‘the Agreement’), and to propose, on behalf of the Government of the United States of America, that the agreement be amended as follows:

1. That a new subparagraph (h) be added to Article 1 of the Agreement which reads as follows:

‘(h) ‘Other waste’ means municipal solid waste that is sent for final disposal or for incineration with energy recovery, and residues arising from the incineration of such waste, as defined by the Parties' respective national legislations and implementing regulations, but excluding waste covered under paragraph (b) of this Article.’

2. That each reference to ‘hazardous waste’ in the Agreement, other than those contained in Article 1, subparagraph (b) be amended to read ‘hazardous waste and other waste’.

3. That the references to ‘regulations’ in Article 5, paragraph 3, be amended to read ‘laws and regulations.’

4. That the reference to ‘waste dangerous goods’ in Article 1, subparagraph (b) be amended to read ‘hazardous waste.’

5. That a new subparagraph (g) be added to Article 3 of the Agreement which reads as follows:

‘(g) For the purposes of this Article and Article 5, manifest-related requirements may, with respect to other waste, be substituted by alternative tracking requirements.’

If these proposals are acceptable to your Government, I have the further honor to propose that this note, together with your note in reply, shall constitute an agreement between our two Governments which shall enter into force on the date of Your Excellency's note in reply.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Acting Secretary of State: Richard J. Smith

CANADIAN EMBASSY Washington

November 25, 1992

The Honourable Lawrence Eagleburger Acting Secretary of State Department of State

No. 190

Excellency,

I have the honour to acknowledge with thanks receipt of your Note of November 4, 1992 which refers to recent discussions between representatives of our two governments regarding the Agreement between the Government of Canada and the Government of the United States of America Concerning the Transboundary Movement of Hazardous Waste, which was signed October 28, 1986 and which entered into force on November 8, 1986. I have the further honour to inform you that the proposals outlined in your Note are acceptable to the Government of Canada.

Therefore, your Note, and this Note in reply, which is equally authentic in English and French, shall constitute an Agreement between the Government of Canada and the Government of the United States of America amending their 1986 Agreement Concerning the Transboundary Movement of Hazardous Waste which will enter into force on the date of this reply.

Accept, Excellency, the renewed assurances of my highest consideration.

D.H. Burney Ambassador