Uploaded by Rebecca Orozco

Basel-Convention-89

advertisement
Introductory Notes:
Conference/Meeting: Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and
Their Disposal.
Informal Name: Basel Convention.
Host Government: Switzerland.
Effective Date: 5th May 1992.
Principal Theme(s): Hazardous waste management,
prevention of transfer from developed to less developed
countries, and environmentally sound waste
management.
Body:
Objectives/Preamble: The Basel Convention, established
in 1989 and enforced in 1992, is a pivotal global
environmental agreement with nearly universal
membership. It aims to safeguard human health and the
environment from hazardous wastes, regulate
transboundary movements, and ensure environmentally
sound waste management.
Outline of Contents: The Convention covers a spectrum
of hazardous waste types, emphasizing waste
minimization, proximity disposal, and waste generation
reduction. It provides strategic guidelines, control
mechanisms, and principles for environmentally sound
waste management.
Principles/Provisions: The Convention's principle of
Sovereignty allows countries to tailor waste management
based on local conditions, enabling decisions like banning
specific waste types. It focuses on prior informed
consent, waste minimization, and cooperation for
effective waste management.
Key Provisions for Environmental Science:
Protection Objective: Emphasizes safeguarding human
health and the environment from hazardous waste
impacts, a core concern in environmental science.
Regulation of Transboundary Movements: Ensures
environmentally sound management of hazardous
wastes, aligning with environmental science principles.
Coverage of Hazardous Waste Types: Includes toxic,
poisonous, and infectious wastes, crucial for
understanding environmental impacts.
Waste Minimization Obligations: Parties must minimize
waste transportation, treat wastes locally, and prevent
waste generation, aligning with waste minimization
principles in environmental science.
Regulatory System: Based on prior informed consent,
promoting monitoring and regulation of hazardous waste
movements, a key environmental science application.
International Cooperation: Encourages information
exchange and technical assistance, vital for technology
transfer and global environmental protection.
Summary of Recommendations and Follow-up
Mechanisms:
Recommendations:
Minimize transported hazardous wastes, treat wastes
locally, and prevent waste generation at the source.
Adhere to strict transboundary movement requirements,
including the Prior Informed Consent procedure.
Adopt measures to prevent and penalize illegal
hazardous waste traffic.
Follow-up Mechanisms:
Compliance mechanism to promote implementation and
compliance transparently and cost-effectively.
Technical guidelines for hazardous waste management
and an electronic tool for waste movement
identification.
Implementation and Compliance Committee ensuring
non-confrontational, preventive implementation of
Convention provisions.
Criticisms or Areas for Improvement:
Delay in implementing the Ban Amendment prohibiting
hazardous waste export from developed to developing
countries.
Limited scope not covering all waste management
aspects, prompting calls for expansion.
Complex regulatory system based on prior informed
consent criticized as burdensome.
Challenges in enforcing provisions against illegal
hazardous waste traffic, necessitating stronger
enforcement mechanisms.
This presentation provides a comprehensive analysis of
the Basel Convention, highlighting its objectives, key
provisions, recommendations, and follow-up
mechanisms, while also addressing criticisms and areas
for improvement. It offers a nuanced perspective
suitable for a PhD student in environmental science,
emphasizing the Convention's significance in global
hazardous waste management and environmental
protection.
Introductory Notes:
 Conference/Meeting: Basel Convention on the
Control of Transboundary Movements of Hazardous
Wastes and Their Disposal.
 Informal Name: Basel Convention.
 Host Government: Switzerland.
 Effective Date: 5th May 1992.
 Principal Theme(s): Hazardous waste management,
prevention of transfer from developed to less
developed countries, and environmentally sound
waste management.
Body:
Objectives/Preamble: The Basel Convention,
established in 1989 and enforced in 1992, is a
pivotal global environmental agreement with
nearly universal membership. It aims to safeguard
human health and the environment from hazardous
wastes, regulate transboundary movements, and
ensure environmentally sound waste management.
 Outline of Contents: The Convention covers a
spectrum of hazardous waste types, emphasizing
waste minimization, proximity disposal, and waste
generation reduction. It provides strategic
guidelines, control mechanisms, and principles for
environmentally sound waste management.
 Principles/Provisions: The Convention's principle of
Sovereignty allows countries to tailor waste
management based on local conditions, enabling
decisions like banning specific waste types. It
focuses on prior informed consent, waste
minimization, and cooperation for effective waste
management.
 Key Provisions for Environmental Science:
1. Protection Objective: Emphasizes safeguarding
human health and the environment from
hazardous waste impacts, a core concern in
environmental science.

2. Regulation of Transboundary
Movements: Ensures environmentally sound
management of hazardous wastes, aligning
with environmental science principles.
3. Coverage of Hazardous Waste Types: Includes
toxic, poisonous, and infectious wastes, crucial
for understanding environmental impacts.
4. Waste Minimization Obligations: Parties must
minimize waste transportation, treat wastes
locally, and prevent waste generation, aligning
with waste minimization principles in
environmental science.
5. Regulatory System: Based on prior informed
consent, promoting monitoring and regulation
of hazardous waste movements, a key
environmental science application.
6. International Cooperation: Encourages
information exchange and technical assistance,
vital for technology transfer and global
environmental protection.
Summary of Recommendations and Follow-up
Mechanisms:
 Recommendations:
 Minimize transported hazardous wastes, treat
wastes locally, and prevent waste generation
at the source.
Adhere to strict transboundary movement
requirements, including the Prior Informed
Consent procedure.
 Adopt measures to prevent and penalize illegal
hazardous waste traffic.
 Follow-up Mechanisms:
 Compliance mechanism to promote
implementation and compliance transparently
and cost-effectively.
 Technical guidelines for hazardous waste
management and an electronic tool for waste
movement identification.
 Implementation and Compliance Committee
ensuring non-confrontational, preventive
implementation of Convention provisions.
Criticisms or Areas for Improvement:
1. Delay in implementing the Ban Amendment
prohibiting hazardous waste export from
developed to developing countries.
2. Limited scope not covering all waste management
aspects, prompting calls for expansion.
3. Complex regulatory system based on prior
informed consent criticized as burdensome.
4. Challenges in enforcing provisions against illegal
hazardous waste traffic, necessitating stronger
enforcement mechanisms.

This presentation provides a comprehensive analysis of
the Basel Convention, highlighting its objectives, key
provisions, recommendations, and follow-up
mechanisms, while also addressing criticisms and areas
for improvement. It offers a nuanced perspective
suitable for a PhD student in environmental science,
emphasizing the Convention's significance in global
hazardous waste management and environmental
protection.
Basel Convention 89
International treaty for hazardous waste management
Purpose: To reduce movements of hazardous waste between
nations, prevent transfer from developed to less developed
countries, and ensure environmentally sound waste
management.
Excludes: Does not address the movement of radioactive
waste.
Signed Date : 22 March 1989
Location : Basel, Switzerland
Effective Date : 5 May 1992
Parties: 191 signatory countries
Languages : Arabic, Chinese, English, French, Russian, Spanish
The Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal, usually known as the Basel
Convention, is an international treaty that was designed to reduce the
movements of hazardous waste between nations, and specifically to
prevent transfer of hazardous waste from developed to less developed
countries .The key points about the Basel Convention are:

It was adopted in 1989 and entered into force in 1992 . As of
June 2024, there are 191 parties to the convention .

The convention aims to protect human health and the
environment against the adverse effects resulting from the
generation, transboundary movements and management of
hazardous wastes and other wastes .

It covers toxic, poisonous, explosive, corrosive, flammable,
ecotoxic and infectious wastes. Parties have an obligation to
minimize the quantities that are transported, to treat and
dispose of wastes as close as possible to their place of
generation and to prevent or minimize the generation of wastes
at source.

In 2019, an amendment was adopted to include plastic waste as
regulated material under the convention. The amendment
prohibits the export of hazardous waste from developed
countries to developing countries for any reason, including
recycling.

The Basel Convention is the oldest of the Basel, Rotterdam, and
Stockholm Conventions, which together tackle the life cycle of
global chemicals and waste management.
So in summary, the Basel Convention is a comprehensive global
agreement that regulates the transboundary movements of hazardous
wastes to protect human health and the environment, with nearly
universal membership.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Objectives, Preamble, Contents, and Guiding Principles
of the Basel Convention of 1989
The Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, adopted
in 1989 and enforced in 1992, is a significant global
environmental agreement with nearly universal membership.
Objectives:
The Basel Convention aims to protect human health and the
environment from the adverse effects of hazardous wastes
and other wastes. It regulates the transboundary movements
of such wastes and ensures they are managed and disposed of
in an environmentally sound manner. The Convention covers a
range of hazardous waste types and emphasizes minimizing
waste transportation, treating and disposing of wastes close to
their source, and reducing waste generation.
Preamble:
The preamble of the Basel Convention highlights the
importance of managing hazardous wastes in an
environmentally sound and efficient manner. It stresses the
need for waste disposal in the state where it was generated,
the safe transboundary movement of wastes, and the role of
enhanced control in promoting environmentally sound waste
management.
Outline of Contents:
1. Introduction
2. Note on Environmentally Sound Management
3. Principles to be considered in waste and hazardous waste
strategies
4. Wastes controlled under the Basel Convention
5. Responsibilities of parties in waste management
6. Strategic guidelines
7. Control for ensuring environmentally sound waste
management
8. General considerations on wastes and hazardous wastes
9. Interim measures
10.
Options for hazardous waste management
11.
Good Management practices
Principles/Provisions:
Principle of Sovereignty
Countries are encouraged to consider political, social, and
economic conditions when establishing national waste
management structures. This principle allows countries to
make decisions such as banning certain waste types
based on their specific circumstances.
These elements encapsulate the core objectives, preamble,
contents, and guiding principles of the Basel Convention of
1989, emphasizing the importance of environmentally sound
management of hazardous wastes on a global scale
Key Provisions that Highlights its Relevance to
Environmental Science
The Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal has
several key provisions that highlight its relevance to
environmental science:
1. The Convention aims to protect human health and the
environment against the adverse effects resulting from
the generation, transboundary movements and
management of hazardous wastes and other wastes. This
overarching objective is central to environmental science.
2. The Convention regulates the transboundary movements
of hazardous wastes and other wastes and obliges its
Parties to ensure that such wastes are managed and
disposed of in an environmentally sound
manner. Ensuring environmentally sound management of
hazardous wastes is a key concern for environmental
science.
3. The Convention covers toxic, poisonous, explosive,
corrosive, flammable, ecotoxic and infectious
wastes. Understanding the characteristics and impacts of
these hazardous waste types is a core area of
environmental science.
4. Parties have an obligation to minimize the quantities of
hazardous wastes that are transported, to treat and
dispose of wastes as close as possible to their place of
generation and to prevent or minimize the generation of
wastes at source. These provisions align with the
principles of waste minimization and proximity in
environmental science.
5. The Convention establishes a regulatory system based on
the concept of prior informed consent, requiring detailed
notification and consent procedures before
transboundary movements can take place. Monitoring
and regulating hazardous waste movements is an
important environmental science application.
6. The Convention provides for cooperation between
parties, ranging from exchange of information on issues
relevant to the implementation of the Convention to
technical assistance, particularly to developing
countries. Facilitating international cooperation and
technology transfer is a key role for environmental
science.
In summary, the Basel Convention's focus on protecting the
environment from hazardous wastes, ensuring
environmentally sound management, understanding waste
characteristics, minimizing waste generation and movements,
regulating transboundary waste flows, and promoting
international cooperation are all highly relevant to the field of
environmental science.
Summary of the Recommendations and Follow-up
Mechanisms related to the Basel Convention
The Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal, adopted
in 1989, has led to several recommendations and follow-up
mechanisms to ensure its effective implementation. Here is a
summary of the recommendations and follow-up mechanisms
related to the Basel Convention:
1.Recommendations:
 Parties to the Basel Convention are recommended to
minimize the quantities of hazardous wastes transported,
treat and dispose of wastes as close as possible to their
source, and prevent or minimize waste generation at the
source.
 The Convention emphasizes the importance of
environmentally sound management of hazardous wastes
and other wastes to protect human health and the
environment from adverse effects.

It is recommended that Parties adhere to strict
requirements for transboundary movements of hazardous
wastes, including the Prior Informed Consent (PIC)
procedure, which involves notification, consent, issuance
of movement documents, actual movement, and
confirmation of disposal.

Parties are encouraged to adopt measures to prevent and
punish illegal traffic of hazardous wastes, ensuring
compliance with the Convention's provisions.
2. Follow-up Mechanisms:
 The Basel Convention has established a mechanism for
promoting implementation and compliance with its
obligations. This mechanism aims to assist Parties in
complying with the Convention, facilitate, promote,
monitor, and secure the implementation of its provisions
in a non-confrontational, transparent, cost-effective, and
preventive manner.


The Convention has developed technical guidelines on the
management of hazardous wastes, including e-waste and
used electrical and electronic equipment. These guidelines
help in distinguishing between waste and non-waste
under the Basel Convention, ensuring proper handling and
disposal of hazardous materials.
The Implementation and Compliance Committee of the
Basel Convention has created an electronic tool to aid
Parties and stakeholders in identifying the requirements
applicable to proposed waste movements. This tool
enhances the efficiency and accuracy of waste
management under the Convention.
In conclusion, the Basel Convention provides a framework of
recommendations and follow-up mechanisms to guide Parties
in effectively managing hazardous wastes, ensuring
compliance with the Convention's provisions, and promoting
environmentally sound waste management practices globally.
Criticisms or Areas for Improvement regarding the Basel
Convention
1. The Ban Amendment, which prohibits the export of
hazardous wastes from developed to developing
countries, has not yet entered into force despite being
adopted in 1995. This delay in implementation has been a
point of contention.
2. The Convention's scope is limited to transboundary
movements of hazardous wastes and does not cover all
aspects of waste management, such as wastes generated
on board ships that are not covered by other
international agreements like MARPOL. This has led to
calls for expanding the Convention's reach.
3. Some argue that certain interpretative conclusions in the
Revised Legal Analysis by the Basel Convention
Secretariat regarding hazardous wastes generated on
board ships open loopholes in the Convention and
diminish its level of protection and
effectiveness. Alternative interpretations more aligned
with principles of treaty interpretation have been
proposed.
4. The Convention's regulatory system based on prior
informed consent has been criticized as complex and
burdensome by some parties. Streamlining notification
and consent procedures has been suggested.
5. Illegal traffic of hazardous wastes in contravention of the
Convention's provisions remains a challenge, despite
provisions for responsibility and duty of safe
disposal. Strengthening enforcement mechanisms has
been recommended.
However, it's important to note that the sources provided do
not contain extensive critiques or reviews of the Convention.
The Convention is generally praised for its role in regulating
transboundary movements of hazardous wastes and
promoting environmentally sound management, even if some
areas for improvement are identified.
Basel Protocol 99
The Basel Protocol on Liability and Compensation for Damage Resulting from Transboundary Movements
of Hazardous Wastes and their Disposal was adopted in 1999 as a supplementary agreement to the Basel
Convention. The key points about the Basel Protocol are:






It applies to transboundary movements of hazardous wastes and other wastes and their
disposal, including illegal traffic.
The Protocol establishes a regime of strict liability for damage resulting from the transboundary
movement of hazardous wastes and their disposal.
It covers damage to persons, damage to property, damage to the environment, and the costs of
measures of reinstatement and preventive measures.
The Protocol provides for a two-tier system of liability - primary liability of the notifier (exporter)
and subsidiary state liability.
It requires Parties to provide financial guarantees to cover liability under the Protocol.
The Protocol has not yet entered into force as it requires 20 ratifications and as of 2015 only 10
countries had ratified it.
So in summary, the Basel Protocol aims to establish a comprehensive regime for liability and
compensation for damage resulting from the transboundary movement and disposal of hazardous
wastes, but has not yet taken legal effect due to insufficient ratifications by countries.
The purpose of the Basel Protocol on Liability and Compensation for Damage Resulting from
Transboundary Movements of Hazardous Wastes and their Disposal is to provide a comprehensive
regime for liability and adequate compensation for damage resulting from the transboundary movement
and disposal of hazardous wastes, including illegal traffic. The key objectives of the Protocol are:




To establish a regime of strict liability for damage resulting from the transboundary movement of
hazardous wastes and their disposal.
To cover damage to persons, property, the environment, and the costs of reinstatement and
preventive measures.
To provide for a two-tier system of liability - primary liability of the notifier (exporter) and
subsidiary state liability.
To require Parties to provide financial guarantees to cover liability under the Protocol.
The Protocol aims to address concerns of developing countries about their lack of funds and
technologies to cope with illegal dumping or accidental spills of hazardous wastes. However, it has not
yet entered into force as it requires 20 ratifications and as of 2015 only 10 countries had ratified it
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Wastes Control Act of 1990 (RA 6969) and the DENR AO 29 s. 1992
Republic Act No. 6969, also known as the "Toxic Substances and Hazardous and Nuclear Wastes Control
Act of 1990", is a law in the Philippines that seeks to protect public health and the environment from
unreasonable risks posed by hazardous substances. The Act regulates the importation, manufacture,
processing, sale, distribution, use and disposal of chemical substances and mixtures that present
unreasonable risk to health or the environment.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (RA 6969) covers the
following hazardous substances:










Mercury
Cyanide
Asbestos
Polychlorinated biphenyls (PCBs)
Arsenic
Lead
Infectious wastes/pathological wastes from hospitals and healthcare facilities
Busted fluorescent lamps
Used car batteries
Used oil
RA 6969 defines hazardous substances as those that are naturally occurring or manufactured/synthetic
chemicals capable of causing injury to living organisms or the environment. It also covers hazardous
wastes, which are substances without safe commercial, industrial, agricultural or economic usage that
are shipped, transported, carried, or brought from one place to another. The Act requires the
Department of Environment and Natural Resources (DENR) to maintain an updated inventory of
chemicals being manufactured or used in the country, called the Philippine Inventory of Chemicals and
Chemical Substances (PICCS). It also mandates the establishment of a Philippine Priority Chemicals List
(PCL) of existing and new chemicals that potentially pose unreasonable risk.
The guidelines for the disposal of hazardous waste under the Wastes Control Act of 1990 include several
key requirements as outlined in the Implementing Rules and Regulations of Republic Act No. 6969:
1. Proper Hazardous Waste Management: Hazardous waste generators must manage hazardous
waste in a manner that does not cause pollution to the environment or harm public health and
natural resources. This involves practices such as reduction, recycling, re-use, treatment, and
landfilling of inert hazardous waste residues.
2. Prohibition of Entry of Hazardous Wastes: The Act prohibits the entry, even in transit, of
hazardous wastes and their disposal into the Philippine territorial limits. This is crucial to prevent
the adverse impacts of hazardous waste on the environment and human health.
3. Compliance with Packaging and Labeling Requirements: Hazardous waste generators are
required to comply with specific packaging and labeling requirements as provided for in the
Implementing Rules and Regulations of RA 6969. Proper packaging and labeling ensure safe
handling and transport of hazardous waste.
4. Use of Authorized Transporters: Waste generators must engage the services of waste
transporters who are registered with the Department of Environment and Natural Resources
(DENR) and have an approved Manifest Form to convey hazardous waste to designated
treatment, storage, and disposal (TSD) facilities. This ensures the safe transport of hazardous
waste.
5. Confirmation of Completion of Treatment/Disposal: Hazardous waste generators must ensure
that hazardous waste is adequately treated, recycled, reprocessed, or disposed of by a
designated waste treater. This step is essential to verify that hazardous waste has been properly
managed and does not pose a risk to the environment or public health.
These guidelines aim to regulate, restrict, or prohibit the importation, manufacture, processing, sale,
distribution, use, and disposal of chemical substances and mixtures that potentially pose unreasonable
risks to public health, the workplace, and the environment under the Wastes Control Act of 1990.
The penalties for violating the Wastes Control Act of 1990, also known as Republic Act No. 6969, include
various fines and imprisonment terms as stipulated in the law and its implementing rules and
regulations:
1. Imprisonment and Fines:


Violations of Sections 13(a) to 13(c) of RA 6969 can lead to imprisonment ranging from 6
months to 6 years and fines from ₱600 to ₱4,000.
Violation of Section 13(d) on bringing in prohibited substances can result in
imprisonment of 12 to 20 years and a fine of ₱5 million to ₱10 million.

For corporate offenders, an additional fine of ₱20 million may be imposed.
2. Additional Penalties:


Offenders may be required to pay three times the value of the damage caused to the
environment or persons, to be collected in a special fund for reparation.
An administrative fine has been raised to ₱100,000 and will increase by 10% every 3
years.
3. Proposed Amendments:

Senator Mar Roxas has proposed Senate Bill No. 2519 to amend RA 6969, suggesting
stricter penalties. The bill aims to increase imprisonment to 6 to 12 years and fines to
₱250,000 to ₱500,000 for violations of Sections 13(a) to 13(c). For violations of Section
13(d), the proposed penalties include imprisonment of 20 to 40 years and a fine of ₱5
million to ₱10 million.
These penalties are crucial in deterring illegal disposal of toxic wastes and ensuring compliance with the
law to protect public health and the environment.
The DENR Administrative Order No. 29, series of 1992 (DAO 29-92) is the Implementing Rules and
Regulations of RA 6969. It covers various aspects of hazardous waste management, including:
1.
2.
3.
4.
5.
6.
7.
Classification of hazardous wastes
Requirements for waste generators, transporters and treaters
Waste transport record (manifest) system
Hazardous waste storage and labeling
Waste treatment and disposal facilities
Import and export of hazardous substances
Prescribed fees and administrative violations
In 2004, DAO 29-92 was revised by DENR Administrative Order No. 36, series of 2004 (DAO 36-04) to
further strengthen the implementation of RA 6969. DAO 36-04 appended a Procedural Manual
prescribing detailed requirements and procedures for hazardous waste management.
what are the hazardous substances covered by the wastes control act of 1990
what is the role of the department of environment and natural resources in implementing the wastes
control act of 1990
Based on the below text, compose a presentation based on the following contents in brief:
Introductory notes: About the Conference/ Meeting where the Agreement originated-- Informal name,
host government (or UN body), effective when or start of enforcement, principal theme(s);
Body: Objectives/ Preamble; Outline of Contents—which one is most relevant to environmental science?
principles/ provisions—highlight the most relevant to environmental science; summary of
recommendations; follow-up mechanism(s);
Critique/ reviews (flaws?)
Sources/ References
What is the objectives, preamble, outline of contents and the principles/provisions of the Basel
Convention 89
Download