Basel Ban Amendment: UN receives last ratification from Croatia

  • 09 September 2019
  • Legislation

The Basel Ban Amendment prohibits the export of hazardous wastes for ‘final disposal’ from Annex VII Countries to non-Annex VII Countries. The Ban will also prohibit export of hazardous wastes for recovery, which encompasses recycling and other forms of recovery such as energy recovery, from Annex VII Countries to non-Annex VII Countries.

Annex VII Countries include the EU Member States (Austria, Belgium, Bulgaria, Czechia, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) and also the EEA countries Iceland, Liechtenstein, Norway, And Switzerland.

The EU had implemented the Basel Ban for over 20 years through its Regulation 120/97.

So the Basel Ban will likely mostly affect exports of hazardous wastes from all the other Annex VII Countries which may not be implementing any prohibitions, such as: Australia, Canada, Chile, Israel, Japan, Korea, Mexico, New Zealand, Turkey and the United States.

Formally, the Basel Ban text inserts:

• the new Article 4A in the Convention itself:

"1. Each Party listed in Annex VII shall prohibit all transboundary movements of hazardous wastes which are destined for operations according to Annex IV A, to States not listed in Annex VII.

2. Each Party listed in Annex VII shall phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes under Article 1(1)(a) of the Convention which are destined for operations according to Annex IV B to States not listed in Annex VII. Such transboundary movement shall not be prohibited unless the wastes in question are characterised as hazardous under the Convention."

• the content of Annex VII in the Convention as:

"Parties and other States which are members of OECD, EC, Liechtenstein."

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