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HAZARDOUS WASTE (REGULATION OF EXPORTS AND IMPORTS) (WAIGANI CONVENTION) REGULATIONS 1999 1999 No. 7 - SCHEDULE 1
Schedule 1 The Waigani Convention
(regulation 4) Convention to Ban the Importation into Forum Island Countries
of Hazardous and Radioactive Wastes and to Control the Transboundary Movement
and Management of Hazardous Wastes within the South Pacific Region Adopted in
Port Moresby, Papua New Guinea September 1995 Preamble The Parties to this
Convention: Conscious of their responsibility to protect, preserve and improve
the environment of the South Pacific for the good health, benefit and
enjoyment of present and future generations of the people of the South
Pacific; Concerned about the growing threat to human health and the
environment posed by the increasing generation of hazardous wastes and the
disposal of such wastes by environmentally unsound methods; Concerned also
about the dangers posed by radioactive wastes to the people and environment of
the South Pacific; Aware that their responsibilities to protect, preserve and
improve the environment of the South Pacific can be met only by cooperative
effort among all peoples of the South Pacific based on an understanding of the
needs and capacities of all parties; Taking full account of the Programme of
Action for the Sustainable Development of Small Island Developing States
adopted in Barbados on 6 May 1994; Noting with concern that a number of
approaches have been made to certain Island Countries of the South Pacific by
unscrupulous foreign waste dealers for the importation into and disposal
within the South Pacific of hazardous wastes generated in other countries;
Concerned with the slowness of progress towards a satisfactory resolution of
the issues surrounding international trade in goods which have been banned,
cancelled or refused registration in the country of manufacture for human or
environment reasons; Recalling their commitments under existing regional
treaties and arrangements towards the protection and preservation of the
environment of the South Pacific, including the Convention for the Protection
of Natural Resources and Environment of the South Pacific Region, signed in
Noumea on 24 November, 1986, the Protocol concerning Cooperation in Combating
Pollution Emergencies in the South Pacific Region, adopted by Parties on 25
November, 1986, and the South Pacific Nuclear Free Zone Treaty, signed in
Rarotonga in August 1985; Further Recalling the Basel Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposal
adopted by the Conference of the Plenipotentiaries on 22 March 1989, and
noting decisions of its Conference of the Parties including Decision II 12 of
25 March 1994. Desiring to conclude an agreement under Article 11 of that
Convention; Mindful of the International Atomic Agency (IAEA) Code of Practice
in the International Transboundary Movement of Radioactive Waste and
Recognising the need for its strict observance in the South Pacific Region;
Noting as well the preliminary negotiations on a convention on the Safe
Management of Nuclear Waste; Further Recalling the Declaration of the United
Conference on the Human Environment (Stockholm, 1972), the Cairo Guidelines
and Principles for the Environmentally Sound Management of Hazardous Wastes
adopted by the Governing Council of the United Nations Environment Programme
(UNEP) by Decision 14/30 of 17 June, 1987, the Recommendations of the United
Nations' Committee on the Transport of Dangerous Goods (Formulated in 1957 and
updated biennially); Recalling also Agenda 21 adopted by the United Nations
Conference on Environment and Development in Rio de Janeiro on 14 June, 1992
which reaffirms that effective control of the generation, storage, treatment,
recycling and reuse, transport, recovery, and disposal of hazardous wastes is
of paramount importance for proper health, environment protection and natural
resources management and sustainable development; Resolving to prohibit the
importation of hazardous wastes into Pacific Island Developing Parties, and to
regulate and facilitate the environmentally sound management of such wastes
generated within the Convention Area; and Resolving also to prohibit the
importation of all radioactive wastes into Pacific Island Developing Parties
while at the same time recognising that the standards, procedures and the
authorities responsible for the environmentally sound management of
radioactive wastes will differ from those in respect of hazardous wastes. Have
agreed as follows: Article 1 Definitions For the purpose of this Convention:
"Approved site or facility" means a site or facility for the disposal of
hazardous wastes which is authorised or permitted to operate for this purpose
by a relevant authority of the Party where the site or facility is located;
"Area Under the Jurisdiction of a Party" means any land, marine area or
airspace within which a Party exercises administrative and regulatory
responsibility in accordance with international law in regard to the
protection of human health or the environment; "Authorised Transboundary
Movement" means a transboundary movements of hazardous wastes to which the
consent of the Parties concerned has been given in accordance with the
provisions of this Convention; "Basel Convention" means the Convention on the
Control of Transboundary Movements of Hazardous Wastes and their Disposal,
1989; "Carrier" means any person who carries out the transport of hazardous
wastes; "Cleaner Production" means the conceptual and procedural approach to
production that demands that all phases of the life-cycle of a product or
process should be addressed, with the objective of prevention or minimisation
of short and long-term risks to humans and to the environment; "Competent
Authority" means one 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; "Convention Area" shall comprise:
(i) the land territory, internal waters, territorial sea,
continental shelf, archipelagic waters and exclusive economic
zones established in accordance with international law of:
American Samoa Australia Cook Islands Federated States of
Micronesia Fiji French Polynesia Guam Kiribati Republic of
Marshall Islands Nauru New Caledonia and Dependencies New
Zealand Niue The Commonwealth of Northern Mariana Islands
Republic of Palau Papua New Guinea Pitcairn Islands Solomon
Islands Tokelau Tonga Tuvalu Vanuatu Wallis and Futuna Western
Samoa;
(ii) those areas of high seas which are enclosed from all sides by
the exclusive economic zones referred to in sub-paragraph (i);
(iii) areas of the Pacific Ocean which have been included in the
Convention Area pursuant to Article 2.6;
"Countries Concerned" means countries of export, import or transit whether or
not Parties to this Convention;
"Days" means calendar days unless otherwise specified;
"Disposal" means any operation specified in Annex V to this Convention;
"Disposer" means any person for whom hazardous wastes are destined and who
carries out the actual disposal of such wastes;
"Domestically Prohibited Goods" means substances or products which have been
banned, cancelled or refused registration by government regulatory action, or
voluntarily withdrawn from registration in country of manufacture, for human
health or environmental reasons;
"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;
"Exporter" means any person under the jurisdiction of the exporting Party who
arranges for hazardous wastes to be exported;
"Exporting Party" means a Party from which a transboundary movement of
hazardous wastes is planned to be initiated or is initiated;
"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 7 and 14;
"Forum Island Countries" means all Members of the South Pacific Forum with the
exception of Australia and New Zealand;
"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;
"Hazardous Wastes" means wastes as specified in Article 2 of this Convention;
"IAEA" mans the International Atomic Energy Agency;
"Illegal traffic" means any transboundary movement of hazardous wastes as
specified in Article 9 of this Convention;
"Importer" means any person under the jurisdiction of the Importing Party who
arranges for hazardous wastes to be imported;
"Importing Party" means any Party to which 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;
"London Convention" means the Convention on the Prevention of Marine Pollution
by Dumping of Wastes and Other Matter, 1972;
"Management" means the prevention and reduction of hazardous wastes and
collection, transport, storage, and treatment or disposal, of hazardous wastes
including after-care of disposal sites;
"Other Party" means a Party listed in Annex IV or any Party which is
determined by the Conference of the Parties to be an Other Party in accordance
with the procedure established pursuant to Article 13.4 (g);
"Pacific Island Developing Party" means a Party listed in Annex III, or a
Party or territory of a Party accepted by the Conference of the Parties to be
a Pacific Island Developing Party in accordance with procedures established
pursuant to Article 13.3 (g);
"Party" means a Party to this Convention;
"Person" means any natural or legal person;
"Precautionary Principle" means the principle that in order to protect the
environment, the precautionary approach shall be widely applied by Parties
according to their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a
reason for postponing cost effective measures to prevent environmental
degradation;
"Radioactive wastes" means wastes which, as a result of being radioactive, are
subject to other international control systems, including international
instruments, applying specifically to radioactive materials;
"Secretariat" means the Secretariat established pursuant to Article 14 of this
Convention;
"SPREP" means the South Pacific Regional Environment Programme;
"Transit Party" means any Party, other than the Exporting Part or the
Importing Party, through which a movement of hazardous Wastes is planned or
takes place;
"Transboundary movement" means any movement of hazardous wastes from an area
under the jurisdiction of one Party, to or through an area under the
jurisdiction of another Party, or to or through an area not under the
jurisdiction of another Party, provided at least two (2) Parties are involved
in the movement;
"Vessels" and "Aircraft" means waterborne or airborne craft of any type
whatsoever. This expression includes air cushioned craft and floating craft,
whether self-propelled or not;
"Wastes" means substances or materials which are disposed of or are intended
to be disposed of, or are required to be disposed of, by provisions of
national legislation. Article 2 Scope of the Convention and Area of Coverage
Scope of the Convention 1. The following substances shall be "hazardous
wastes" for the purposes of this Convention:
(a) Wastes that belong to any category contained in Annex I of this
Convention, unless they do not possess any of the characteristics
contained in Annex II of this Convention;
(b) Wastes that are not covered under paragraph (a) above, but which are
defined as, or are considered to be, hazardous wastes by the national
legislation of the exporting, importing or transit Party to, from, or
through which such wastes are to be sent; 2. Radioactive wastes are
excluded from the scope of this Convention except as specifically
provided for in Article 4.1, 4.2, 4.3 and 4.5 of this Convention. 3.
Wastes which derive from the normal operations of a vessel, the
discharge of which is covered by another international instrument,
shall not fall within the scope of this Convention. 4. Nothing in this
convention shall affect in any way the sovereignty of States over
their territorial sea, the sovereign rights and jurisdiction that
States have in their exclusive economic zones and continental shelves,
and the exercise by vessels and aircraft of all States of navigational
rights and freedoms, as provided for in international law and as
reflected in the 1982 United Nations Convention on the Law of the Sea
and other relevant international instruments. 5. Nothing in this
Convention shall affect in any way the rights and obligations of any
Party under international law including the London Convention as
amended; the 1982 United Nations Convention on the Law of the Sea,
including in particular Articles 31, 210 and 236 thereof; the South
Pacific Nuclear Free Zone Treaty, 1985, including in Particular
Article 7 thereof; and the International Convention for the Prevention
of Pollution from Ships, 1973. Area of Coverage 6. A Party may add
areas under its jurisdiction within the Pacific Ocean between the
Tropic of Cancer and 60 degrees South latitude and between 130 degree
East longitude and 120 West longitude to the Convention Area. Such
addition shall be notified to the Depositary, who shall promptly
notify the other Parties and the Secretariat. Such areas shall be
incorporated within the Convention Area ninety days after notification
to the Parties by the Depositary, provided there has been no objection
to the proposal to add new areas by any Party. If there is any such
objection the Parties concerned will consult with a view to resolving
the matter. Article 3 National Definitions of Hazardous Wastes 1. Each
Party shall, within six months of becoming a Party to this Convention,
inform the Secretariat of the wastes, other than those listed in Annex
I of this Convention, considered or defined as hazardous under its
national legislation and of any requirements concerning transboundary
movement procedures applicable to such wastes. 2. Each Party shall
subsequently inform the Secretariat of any significant changes to the
information it has provided pursuant to paragraph 1 of this Article.
3. The Secretariat shall forthwith inform all Parties of the
information it has received pursuant to paragraphs 1 and 2 of this
Article. 4. Parties shall be responsible for making the information
transmitted to them by the Secretariat under paragraph 3 of this
Article available to their exporters, importers and other appropriate
bodies. Article 4 General Obligations 1. Hazardous Wastes and
Radioactive Wastes Import and Export Ban
(a) Each Pacific Island Developing Party shall take appropriate legal,
administrative and other measures within the area under its
jurisdiction to ban the import of all hazardous wastes and radioactive
wastes from outside the Convention Area. Such import shall be deemed
an illegal and criminal act.
(b) Each Other Party shall take appropriate legal, administrative and
other measures within the area under its jurisdiction to ban the
export of all hazardous wastes and radioactive wastes to all Forum
Island Countries, or to territories located in the Convention Area
with the exception of those that have the status of Other Parties in
accordance with Annex IV. Such export shall be deemed an illegal and
criminal act. 2. To facilitate compliance with paragraph 1 of this
Article, all Parties:
(a) Shall forward in a timely manner all information relating to illegal
hazardous and radioactive wastes import activity within the area under
its jurisdiction to the Secretariat who shall distribute the
information as soon as possible to all Parties; and
(b) Shall cooperate to ensure that no illegal import of hazardous and
radioactive wastes from a non-Party enters under the jurisdiction of a
Party to this Convention. 3. Ban on Dumping of Hazardous Wastes and
Radioactive Wastes at Sea
(a) Each Party which is a Party to the London Convention, the South
Pacific Nuclear Free Zone Treaty, 1985, the 1982 United Nations
Convention on the Law of the Sea or the Protocol for the Prevention of
Pollution on the South Pacific Region by Dumping, 1986, reaffirms the
commitments under those instruments which require it to prohibit
dumping of hazardous wastes and radioactive wastes at sea.
(b) Each Party which is not a Party either to the London Convention, or
the Protocol for the Prevention of Pollution on the South Pacific
Region by Dumping 1986, should consider becoming a Party to both of
those instruments. 4. Wastes Located in the Convention Area Each Party
shall:
(a) Ensure that within the area under its jurisdiction the generation of
hazardous wastes is reduced to a minimum taking into account social,
technological and economic needs;
(b) Take appropriate legal, administrative and other measures to ensure
that within the area under its jurisdiction, all transboundary
movements of hazardous wastes generated within the Convention Area are
carried out in accordance with the provisions of this Convention;
(c) Ensure the availability of adequate treatment and disposal facilities
for the environmentally sound management of hazardous wastes, which
shall be located, to the extent practicable, within areas under its
jurisdiction, taking into account social technological and economic
considerations. However, where Parties are for geographic, social or
economic reasons unable to dispose safely of hazardous wastes within
those areas, cooperation would take place as provided for under
Article 10 of this Convention.
(d) In cooperation with SPREP, participate in the development of
programmes to manage and simplify the transboundary movement of
hazardous wastes which cannot be disposed of in an environmentally
sound manner in the countries in which they are located. Provided that
such programmes do not derogate from the environmentally sound
management of hazardous wastes as required by this Convention, they
may be registered as arrangements under Article 11 of this Convention;
(e) Develop a national hazardous wastes management strategy which is
compatible with the SPREP South Pacific Regional Pollution Prevention,
Waste Minimisation and Management Programme;
(f) Submit to the Secretariat such reports as the Conference of the
Parties may require regarding the hazardous wastes generated in the
area under its jurisdiction in order to enable the Secretariat to
produce a regulate hazardous wastes report;
(g) Subject to Article 11 of this Convention, prohibit within the area
under its jurisdiction hazardous wastes from being exported to or
imported from non-Parties within the Convention Area; and
(h) Take appropriate legal, administrative and other measures to prohibit
vessels flying its flag or aircraft registered in its territory from
carrying out activities in contravention of this Convention. 5.
Radioactive Wastes
(a) Parties shall give active consideration to the implementation of the
IAEA Code of Practice on the International Transboundary Movement of
Radioactive Wastes and such other international and national standards
which are at least as stringent; and
(b) Subject to available resources, Parties shall actively participate in
the development of the Convention on the Safe Management of Nuclear
Waste. 6. Domestically Prohibited Goods
(a) Subject to available resources, Parties shall endeavour to participate
in relevant international fora to find an appropriate global solution
to the problems associated with the international trade of
domestically prohibited goods.
(b) Nothing in this Convention shall be interpreted as limiting the
sovereign right of Parties to act individually or collectively,
consistent with their international obligations, to ban the
importation of domestically prohibited goods into areas under their
jurisdiction. Article 5 Competent Authorities and Focal Points 1. To
facilitate the implementation of this Convention, each Party shall
designate or establish one competent authority and one focal point. A
Party need not designate or establish new or separate authorities to
perform the functions of the competent authority and the focal point.
2. The competent authority shall be responsible for the implementation
of notification procedures for transboundary movements of hazardous
wastes in accordance with the provisions of Article 6 of this
Convention. 3. The focal point shall be responsible for the
transmitting and receiving information in accordance with the
provisions of Article 7 of this Convention. 4. The Parties shall
inform the Secretariat, within three months of the date of entry into
force of this Convention for them, which authorities they have
designated or established as the competent authority and focal point.
Article 6 Notification Procedures for Transboundary Movements of
Hazardous Wastes between Parties 1. The exporting Party shall notify,
or shall require the generator or exporter to notify, in writing,
through its competent authority, the competent authority of the
countries concerned of any proposed transboundary movement of
hazardous wastes. Such notification shall contain the declarations and
information specified in Annex VI A of this Convention, written in a
language acceptable to the importing Party. Only one notification
needs to be sent to each country concerned. 2. The importing Party
shall acknowledge within reasonable time, which in the case of Other
Parties shall not exceed fourteen working days, the receipt of the
notification referred to in paragraph 1 of this Article. The importing
Party shall have sixty days after issuing the acknowledgment to inform
the notifier that it is consenting to the movement or requesting
additional information. In the event that additional information has
been sought, a new period of twenty-one days recommences from the time
of receipt of the additional information. 3. The Exporting Party shall
not allow the transboundary movement, until it has received:
(a) Written consent of the importing Party; and
(b) Written consent from every transit Party; and.
(c) Written consent of every non-Party country of transit; and
(d) Written confirmation from the importing Party of the existence of a
contract between the exporter and the disposer specifying the
environmentally sound management of the wastes in question; and
(e) Written confirmation from the exporter of the existence of adequate
insurance, bond or other guarantee satisfactory to the exporting
Party. 4. Each transit Party shall acknowledge within a reasonable
time, which in the case of Other Parties shall not exceed fourteen
working days, the receipt of the notification referred to in paragraph
1 of this Article. Each transit Party shall have sixty days after
issuing the acknowledgment to inform the notifier that it is
consenting to the movement or requesting additional information. In
the event that additional information has been sought, a new period of
twenty-one days recommences from the time of receipt of the additional
information. 5. In the case of a transboundary movement of wastes,
where the wastes are legally defined as or considered to be hazardous
wastes only:
(a) By the exporting Party, the requirement of paragraph 10 of this
Article, that any transboundary movement shall be covered by
insurance, bond or any other guarantees shall be required by the
exporting Party;
(b) By the importing, or the transit Party, the requirements of paragraphs
1, 3, 4 and 6 of this Article that apply to the exporter and the
exporting Party, shall apply mutatis mutandis to the importer or
disposer and importing Party, respectively; or
(c) By any transit Party, the provisions of paragraph 4 shall apply to
such Party. 6. The exporting Party may, subject to the written consent
of the Parties concerned, allow the generator or the exporter to use a
general notification where hazardous wastes having the same physical
and chemical characteristics are shipped regularly to the same
disposer via the same customs office of exit of the exporting Party
via the same customs office of entry of the importing Party, and, in
the case of transit, via the same customs office of entry and exit of
the Party or Parties of transit. 7. The countries concerned may make
their written consent to the use of the general notification referred
to in paragraph 6 subject to the supply of certain information, such
as the exact quantities or periodical lists of hazardous wastes to be
shipped. 8. The general notification and written consent referred to
in paragraphs 6 and 7 of this Article may cover multiple shipments of
hazardous wastes during a maximum period of twelve months. 9. Each
transboundary movement shall be accompanied by a movement document
which includes the information listed in Annex VI B. The Parties to
this Convention shall require that each person who takes charge of a
transboundary movement of hazardous wastes sign the movement document
either upon delivery or receipt of the wastes in question. They shall
also require the disposer to inform both the exporter and the
competent authority of the exporting Party of receipt by the disposer
of the wastes in question and, in due course, of the completion of
disposal as specified in the notification. If no such information is
received by the exporting Party, the competent authority of the
exporting Party or the exporter shall so notify the importing Party.
10. Any transboundary movement of hazardous wastes shall be covered by
insurance, bond or other guarantee as may be required by the importing
Party or any transit Party. Article 7 Transmission of Information 1.
The Parties shall ensure that in the case of an accident occurring
during the transboundary movement of hazardous wastes or their
disposal which is likely to present risks to human health and the
environment in other States and Parties, those States and Parties and
the Secretariat are immediately informed. 2. The Parties shall inform
one another, through the Secretariat, of:
(a) Changes regarding the designation of competent authorities and/or
focal points, pursuant to Article 5 of this Convention;
(b) Changes in their national definition of hazardous wastes, pursuant to
Article 3 of this Convention. 3. The Parties, consistent with national
laws and regulations, shall set up information collection and
dissemination mechanisms on hazardous wastes to enable the Secretariat
to fulfil the functions listed in Article 14. Article 8 Duty to
Re-Import 1. The Exporting Party shall adopt appropriate
administrative and legal measures to ensure that when an authorised
transboundary movement of hazardous wastes cannot be completed in
accordance with the terms of the contract or of this Convention, the
wastes in question are returned to it by the exporter. To this end,
the importing Party and the transit Party or Parties shall not oppose,
hinder or prevent the return of those wastes to the exporting Party.
2. Notwithstanding the provisions of paragraph 1 of this Article,
where an authorised transboundary movement of hazardous wastes cannot
be completed within the terms of the contract or the terms of this
Convention, the exporting Party need not re-import those wastes
provided that alternative arrangements are made for the disposal of
the wastes in a manner which is compatible with the environmentally
sound management of hazardous wastes as required by this Convention
and other international legal obligations. Such disposal shall take
place within ninety days from the time that the importing Party
informed the exporting Party and the Secretariat, or such period of
times as the Parties concerned agree. Article 9 Illegal Traffic 1. For
the purpose of this Convention, any transboundary movement of
hazardous wastes shall be deemed to be illegal traffic if:
(a) Carried out without notification, pursuant to the provisions of this
Convention, to all countries concerned;
(b) Carried out without the consent, pursuant to the provisions of this
Convention of a country concerned;
(c) Consent is obtained from countries concerned through falsification,
misrepresentation or fraud;
(d) The contents do not conform in a material way with the supporting
documentation;
(e) It results in deliberate disposal of hazardous wastes in contravention
of this Convention, other relevant international instruments and of
general principles of international law; or
(f) It is in contravention of the import and export bans established by
Article 4.1. 2. Each Party shall introduce or adopt appropriate
national legislation to prevent and punish illegal traffic. The
Parties shall cooperate with a view to achieving the objects of this
Article. 3.
(a) 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 exporting Party shall ensure that, within 30 days
from the time the exporting Party has been informed about the illegal
traffic or such other period of time the countries concerned may
agree, the wastes in question are:
(i) taken back by the exporter or generator or, if necessary, by
itself into the exporting Party; or, if impracticable,
(ii) otherwise disposed of in accordance with the provisions of this
Convention.
(b) In the case of sub-paragraph 3 (a) (i), the Parties concerned shall
not oppose, hinder or prevent the return of those wastes to the
exporting Party. 4. In the case of a transboundary movement of
hazardous wastes deemed to be illegal traffic as a result of conduct
on the part of the importer or disposer, the importing Party shall
ensure that the wastes in question are disposed of in an
environmentally sound manner by the importer or disposer or, if
necessary, by itself within thirty days from the time the illegal
traffic has come to the attention of the importing Party or such time
as the countries concerned may agree. To this end, the importing Party
and the exporting Party shall cooperate, as necessary, in the disposal
of the wastes in an environmentally sound manner. 5. In cases where
the responsibility for the illegal traffic cannot be assigned either
to the exporter or generator or to the importer or disposer, the
Parties concerned or other Parties, as appropriate, shall ensure,
through co-operation, that the wastes in question are disposed of as
soon as possible in an environmentally sound manner either in the
exporting Party or the importing Party or elsewhere as appropriate. 6.
The Secretariat shall undertake the necessary coordination with the
Secretariat of the Basel Convention in relation to the effective
prevention and monitoring of illegal traffic in hazardous wastes. Such
coordination shall include:
(a) Exchanging information on incidents or alleged incidents of illegal
traffic in the Convention Area and on the appropriate steps to remedy
such incidents;
(b) Providing assistance in the field of capacity building including
development of national legislation and of appropriate infrastructure
in the Pacific Island Developing Parties with a view to the prevention
and penalization of illegal traffic of hazardous wastes. Article 10
Cooperation Among Parties and International Cooperation 1. The Parties
to this Convention shall cooperate with one another, non-Parties and
relevant regional and international organisations, to facilitate the
availability of adequate treatment and disposal facilities and improve
and achieve environmentally sound management of hazardous wastes. Such
facilities shall be located within the Convention Area to the extent
practicable taking into account social, technological and economic
considerations; 2. To this end, the Parties shall:
(a) Upon request, make information available, whether on a bilateral or
regional basis, with a view to promoting the environmentally sound
management of hazardous wastes, including harmonisation of relevant
technical standards and practices;
(b) Cooperate in monitoring the effects of hazardous wastes and their
management on human health, and the environment;
(c) Cooperate, subject to their national laws and policies, in the
development and implementation of new environmentally sound and
cleaner production technologies and the improvement of existing
technologies. Such cooperation shall be with a view to eliminating, as
far as practicable, the generation of hazardous wastes and achieving
more effective and efficient methods of ensuring their management in
an environmentally sound manner, including the study of the economic,
social and environmental effects of the adoption of such new and
improved technologies;
(d) Cooperate, subject to their national laws and policies, actively in
the transfer of technology and management systems related to the
environmentally sound management of hazardous wastes. They shall also
cooperate in developing the technical capacity and infrastructure or
Parties, especially those which may need and request technical
assistance in this field; and
(e) Cooperate in developing appropriate technical guidelines and/or codes
of practice. 3. The Secretariat shall encourage Other Parties and
other concerned developed countries to take all practicable steps to
promote, facilitate and finance, as appropriate, the transfer of, or
access to, environmentally sound technologies and know-how to Pacific
Island Developing Parties, to enable them to implement the provisions
of the Convention. Other Parties undertake to cooperate with the
Secretariat in this regard. 4. Taking into account the needs of
developing countries, Parties shall encourage cooperation with
international organisations in order to promote, among other things,
public awareness, the development of rational management of hazardous
wastes and the adoption of new technologies which are environmentally
sound, including cleaner production technologies. Article 11
Bilateral, Regional and Multinational Agreements 1. Notwithstanding
the provisions of Article 4.4 (g), Parties to this Convention may
enter into bilateral or multilateral agreements or arrangements with
non-Parties regarding transboundary movement and management of
hazardous wastes provided that that such agreements or arrangements do
not derogate from the provisions of Article 4.1 or from the
environmentally sound management of hazardous wastes as required by
this Convention. 2. Parties shall notify the Secretariat of any
bilateral, regional or multilateral agreements or arrangements
referred to in paragraph 1 of this Article and those which they have
entered into prior to the entry into force of this Convention for
them, for the purpose of controlling transboundary movements of
hazardous wastes which take place entirely among the parties to such
agreements. 3. The provisions of this Convention shall not affect
transboundary movements of hazardous wastes which take place pursuant
to such agreements or arrangements provided that such agreements or
arrangements are compatible with the environmentally sound management
of hazardous wastes as required by this Convention. Article 12
Liability and Compensation The Conference of the Parties shall
consider the preparation and adoption of appropriate arrangements in
the field of liability and compensation arising from transboundary
movements of hazardous wastes in the Convention Area without prejudice
to the application and further development of relevant rules of
international law. Article 13 Conference of the Parties 1. A
Conference of the Parties is hereby established. The first meeting of
the Conference of the Parties shall be convened not later than one
year after the entry into force of this Convention. Thereafter,
ordinary meetings of the Conference of the Parties shall be held at
regular intervals to be determined by the Conference at its first
meeting. The quorum for meetings of the Conference of the Parties
shall be two-thirds of the Parties. 2. The Conference of the Parties
shall adopt by consensus at its first ordinary meeting, or as soon as
practicable thereafter, Rules of Procedure. It shall also adopt by
consensus financial rules, including the scale of contributions of the
Parties to this Convention to the regular budget. 3. The first meeting
of the Conference of the Parties shall consider the adoption of any
additional measures in accordance with the precautionary principle
relating to the implementation of this Convention. 4. The Conference
of the Parties shall keep under continuous review and evaluation the
effective implementation of this Convention, and in addition, shall:
(a) Promote the harmonisation at high levels of protection of appropriate
legislation, policies, strategies and measures for minimising harm to
human health and the environment;
(b) Consider and adopt, where necessary, amendments to this Convention,
and its annexes, taking into consideration, inter alia, available
scientific, technical, economic and environmental information;
(c) Examine and approve the regular budget prepared by the Secretariat in
accordance with Article 14;
(d) Consider and undertake any additional action that may be necessary for
the achievement of the purposes of this Convention in the light of
experience gained in the operation of the Convention developments
elsewhere;
(e) Consider and adopt protocols as necessary;
(f) Establish and/or designate such subsidiary bodies or agencies as are
deemed necessary for the implementation of this Convention; and
(g) Determine and adopt appropriate rules and procedures for the
acceptance of new parties to this Convention in accordance with
Article 23 and Annexes III and IV. 5. Any State which is eligible to
become a Party to this Convention may be represented as an observer at
meetings of the Conference of the Parties. Any other body or agency,
whether national, regional or international, governmental or
non-governmental, with an interest in the subject matter of this
Convention which has informed the Secretariat of its wish to be
represented as an observer at a meeting of the Conference of the
Parties, may be admitted unless at least one third of the Parties
present object. The admission and participation of observers shall be
subject to the rules of procedure adopted by the Conference of the
Parties. Article 14 Secretariat 1. A Secretariat for this Convention
is hereby established. The functions of the Secretariat shall be to:
(a) Arrange and service meetings of the Parties to this Convention;
(b) Prepare the regular budget of the Conference of the Parties, as
required by this Convention;
(c) Prepare and transmit reports based upon information received in
accordance with Articles 3, 4, 7 and 11 of this Convention;
(d) Prepare and transmit information derived from meetings of subsidiary
bodies and agencies established under Article 3 of this Convention or
provided by relevant inter-governmental and non- governmental
entities;
(e) Ensure coordination with the Secretariat of the Basel Convention and
other relevant international bodies and regional bodies, and in
particular to enter into such administrative arrangements as may be
required for the effective discharge of its functions;
(f) Communicate with competent authorities and focal points established by
the Parties in accordance with Article 5 of this Convention as well as
appropriate inter-governmental and non- governmental organisations
which may provide financial and/or technical assistance in the
implementation of this Convention;
(g) Compile information concerning approved sites and facilities available
for the disposal of their hazardous wastes and means of transport to
these sites and facilities and to circulate this information;
(h) Receive and convey on request to Parties information on available
sources of technical and scientific expertise;
(i) Receive and convey on request to Parties information on
consultants or consulting firms having necessary technical
competence in the field which can assist them with examining a
notification for a transboundary movement, the concurrence of a
shipment of hazardous wastes with the relevant notification,
and/or whether the proposed disposal facilities for hazardous
wastes are environmentally sound, when they have reason to
believe that the wastes in question will not be managed in an
environmentally sound manner;
(j) Assist Parties to this Convention in their identification of cases of
illegal traffic and to circulate immediately to the Parties concerned
any information it has received regarding illegal traffic, and to
undertake the necessary coordination with the Secretariat of the Basel
Convention as provided for in Article 9.6;
(k) To cooperate with countries concerned and with relevant and competent
international organisations and agencies in the provision of experts
and equipment for the purpose of rapid assistance in the event of an
emergency situation in the Convention Area;
(l) To report the information prescribed in paragraph 2 of this Article,
to the Parties to this Convention, before the end of each calendar
year;
(m) To perform such other functions relevant to the purposes of this
Convention as may be determined by the Conference of the Parties. 2.
The Secretariat shall transmit to the Parties, before the end of each
calendar year, a report taking into account material provided by
Parties under Articles 4.4 (f) and 7.3 on the previous calender year,
containing the following:
(a) Information regarding transboundary movement of hazardous wastes in
which Parties have been involved, including:
(i) the quantity of hazardous wastes exported, their category,
characteristics, destination, any transit country and disposal
method as stated in the notification;
(ii) the amount of hazardous wastes imported, their category,
characteristics, origin, and disposal methods;
(iii) disposals which did not proceed as intended; and
(iv) efforts to achieve a reduction of the amount of hazardous
wastes subject to transboundary movement.
(b) Information on measures adopted by Parties in the implementation of
this Convention;
(c) Information where it is available on the effects on human health and
the environment from the generation, transportation, and disposal of
hazardous wastes in the Convention area. The information may take the
form of statistical data;
(d) Information on accidents occurring during the transboundary movements,
treatment and disposal of hazardous wastes and on measures undertaken
to deal with them;
(e) Information on environmentally sound treatment and disposal options
operated by the Parties; and
(f) Information on measures undertaken by Parties for the development of
cleaner production technologies for the reduction and/or elimination
of the production of hazardous wastes. 3. The Secretariat's functions
shall be carried out by SPREP. Article 15 Revolving Fund The
Conference or the Parties shall consider the establishment of a
revolving fund to assist on an interim basis in case of emergency
situations to minimise damage from disasters or accidents arising from
transboundary movement or disposal of hazardous wastes within the
Convention Area. Article 16 Amendments to this Convention 1. Any Party
may propose amendments to this Convention 2. Amendments to this
Convention may be adopted only at a meeting of the Conference of the
Parties at which at least two thirds of the Parties are represented.
The text of any proposed amendment to this Convention 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 and to the Depositary for their
information. 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, each party having one
vote, and shall be submitted by the Depositary to all Parties for
ratification, acceptance or approval. 4. Instruments of ratification,
acceptance or approval of amendments shall be deposited with the
Depositary. Amendments shall enter into force between Parties having
accepted such amendments on the ninetieth day following the date of
receipt by the Depositary of the instruments of at least three-fourths
of the Parties to this Convention. Thereafter the amendments shall
enter into force for any other Party on the ninetieth day after the
date on which that Party deposits its instrument. 6. For the purpose
of this Article, "Parties present and voting" means Parties present
and casting an affirmative or negative vote. Article 17 Protocols to
this Convention 1. The Conference of the Parties may, at any ordinary
meeting, adopt protocols to the Convention. 2. The text of any
proposed protocol shall be communicated to the Parties by the
Secretariat at least six months before the meeting at which it is
proposed for adoption. 3. The procedure specified in Article 16.3
shall apply to the adoption of, and any amendment to, any protocol. 4.
The requirements for the entry into force of any protocol or
subsequent amendments to such protocol shall be established by that
protocol. 5. Decisions under any protocol shall be taken only by the
Parties to that protocol. Article 18 Adoption and Amendments of
Annexes 1. The annexes to this Convention shall form an integral part
of this Convention and, unless expressly provided otherwise, a
reference to this Convention constitutes, at the same time a reference
to any annexes thereto. Such annexes shall be restricted to
scientific, technical and administrative matters. 2. The following
procedure shall apply to the proposal, adoption and entry into force
of additional annexes or amendments to annexes, to this Convention:
(a) Such additional annexes or amendments to annexes shall proposed and
adopted according to the procedure laid down in Articles 16.1, 16.2
and 16.3 of this Convention;
(b) Any Party that is unable to accept an additional annexes or amendments
to the annexes, shall so notify the Depositary, in writing, within six
months from the date of the communication of the adoption by the
Depositary. The Depositary shall without delay notify all Parties of
any such notification received. A Party may at any time substitute an
acceptance for a previous declaration of objection and the annexes or
amendments to annexes shall thereupon enter into force for that Party;
(c) Upon the expiration of six months from the date of the circulation of
the communication by the Depositary, the annexes or amendments to
annexes shall enter into force for all Parties to this Convention,
which have not submitted a notification in accordance with the
provision of subparagraph (b) above. 3. If an additional annex or an
amendment to an annex involves an amendment to this Convention or to
any Protocol, the additional annex or amended annex shall not enter
into force until such time as the amendment to this Convention or to
the protocol enters into force. Article 19 Verification 1. Any Party
which has reason to believe that another Party is acting or has acted
in breach of its obligations under this Convention may inform the
Secretariat thereof, and in such an event, shall simultaneously and
immediately inform, directly or through the Secretariat, the Party
against whom the allegations are made. All relevant information should
be submitted by the Secretariat to the Parties. 2. The Conference of
the Parties shall consider the adoption of a Protocol dealing with
detailed procedures and arrangements for the verification of alleged
breaches of obligations under this Convention. Article 20 Settlement
of Disputes 1. In case of a dispute between Parties as to the
interpretation or application of, or compliance with, this Convention
or any protocol thereto, the Parties concerned shall seek a settlement
of the dispute through negotiation, mediation or any other peaceful
means of their own choice. 2. If the Parties concerned cannot settle
their dispute through the means mentioned in the paragraph 1 of this
Article, the dispute, if the Parties to the dispute agree, shall be
submitted to arbitration under the conditions set out in Annex VII of
this Convention or to the International Court of Justice. However,
failure to reach common agreement on submission of the dispute to
arbitration or to the International Court of Justice shall not absolve
the Parties from the responsibility of continuing to seek to resolve
it by the means referred to in paragraph 1. 3. When ratifying,
accepting, approving, or acceding to this Convention, or at any time
thereafter, a Party may declare that it recognises as compulsory ipso
facto and without special agreement, in relation to any Party
accepting the same obligation:
(a) Arbitration in accordance with the procedures set out in Annex VII;
and/or
(b) Submission of the dispute to the International Court of Justice. Such
declaration shall be notified in writing to the Secretariat which
shall communicate it to the Parties. Article 21 Signature 1. This
Convention shall be open for signature by the Members of the South
Pacific Forum at Waigani, Port Moresby on 16 September 1995. 2. This
Convention shall remain open for signature by the Members of the South
Pacific Forum from 20 September 1995 until 19 March 1996 at the South
Pacific Forum Secretariat, Suva. Article 22 Ratification, Acceptance,
Formal Confirmation or Approval This Convention shall be subject to
ratification, acceptance or approval by Members of the South Pacific
Forum. Instruments of ratification, acceptance or approval shall be
deposited with the Depository. Article 23 Accession 1. This Convention
shall be open for accession by Members of the South Pacific Forum from
the day after the date on which the Convention is closed for
signature. The instruments of accession shall be deposited with the
Depositary. 2. Other States not members of the South Pacific Forum
which have territories in the Convention Area may accede to the
Convention. In addition, other States which do not have territories in
the Convention Area may also accede to the Convention pursuant to a
decision of the Conference of the Parties under Article 13.4 (g).
Article 24 Entry into Force This Convention shall enter into force
thirty days after the date of deposit of the tenth instrument of
ratification, acceptance, approval or accession, and thereafter for
each State thirty days after the deposit of its ratification,
acceptance, formal confirmation, approval or accession. Article 25
Reservations and Declarations 1. No reservation or exception shall be
made to this Convention. 2. Paragraph 1 of this Article does not
preclude a signatory or a Party when signing, ratifying or acceding to
this Convention, from making declarations or statements, however
phrased or named, with a view, inter alia, to the harmonisation of its
laws and regulations with the provisions of this Convention, provided
that such declarations or statements do not purport to exclude or to
modify the legal effect of the provisions of the Convention in
application to that Party. Article 26 Withdrawal 1. At any time after
three years from the date on which this Convention has entered into
force for a Party, that Party may withdraw by giving written
notification to the Depositary. 2. Withdrawal shall be effective one
year from receipt of notification by the Depositary, or on such later
date as may be specified in the notification. 3. Withdrawal shall not
exempt any withdrawing Party from fulfilling any obligations it might
have incurred under the Convention, whilst a Party to this Convention.
Article 27 Depositary The Secretary General of the South Pacific Forum
Secretariat shall be the Depository of this Convention and of any
Protocol thereto. Article 28 Registration This Convention, as soon as
it enters into force, shall be registered by the Depositary with the
Secretary-General of the United Nations in conformity with Article 102
of the Charter of the United Nations. IN WITNESS WHEREOF the
undersigned, being duly authorised to that effect, have signed this
Convention:
For the Government of Australia For the Government of the Cook Islands For the
Government of the Federated States of Micronesia For the Government of the
Republic of Fiji For the Government of the Republic of Kiribati For the
Government of the Republic of Nauru For the Government of New Zealand
For the Government of Niue For the Government of Republic of Palau For the
Government of Papua New Guinea For the Government of Republic of the Marshall
Islands For the Government of Solomon Islands
For the Government of Tonga
For the Government of Tuvalu
For the Government of Vanuatu For the Government of Western Samoa DONE at Port
Moresby, Papua New Guinea on the sixteenth day of September in the year one
thousand nine hundred and ninety five, in a single original in the English
language. Annex I Ñ Categories of Wastes Which are Hazardous Annex II Ñ List
of Hazardous Characteristics Annex III Ñ Pacific Island Developing Countries
Annex IV Ñ Other Parties Annex V Ñ Disposal Operations Annex VI Ñ Information
to be Provided on Notification and Movement Annex VII Ñ Arbitration Annex I
Categories of Wastes Which are Hazardous Wastes Wastes Streams: Y1 Clinical
wastes from medical care in hospitals, medical centers and clinics Y2 Wastes
from the production and preparation of pharmaceutical products Y3 Waste
pharmaceuticals, drugs and medicines Y4 Wastes from the production,
formulation and use of biocides and phytopharmaceuticals Y5 Wastes from the
manufacture, formulation and use of wood preserving chemicals Y6 Wastes from
the production, formulation and use of organic solvents Y7 Wastes from heat
treatment and tempering operations containing cyanides Y8 Waste mineral oils
unfit for their originally intended use Y9 Waste oils/water,
hydrocarbons/water mixtures, emulsions Y10 Waste substances and articles
containing or contaminated with polychlorinated biphenyls (PCBs) and/or
polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) Y11
Waste tarry residues arising from refining, distillation and any pyrolytic
treatment Y12 Wastes from production, formulation and use of inks, dyes,
pigments, paints, lacquers, varnish Y13 Wastes from production, formulation
and use of resins, latex, plasticizers, glues/adhesives Y14 Waste chemical
substances arising from research and development or teaching activities which
are not identified and/or are new and whose effects on man and/or the
environment are not known Y15 Wastes of an explosive nature not subject to
other legislation Y16 Wastes from production, formulation and use of
photographic chemicals and processing materials Y17 Wastes resulting from
surface treatment of metals and plastics Y18 Residues arising from industrial
waste disposal operations Y46 Wastes collected from households, including
sewage sludges with the exception of clean sorted recyclable wastes which do
not possess any of the hazardous characteristics found in Annex II. Y47
Residues arising from the incineration of household wastes. Wastes having as
constituents: Y19 Metal carbonyls Y20 Beryllium; beryllium compounds Y21
Hexavalent chromium compounds Y22 Copper compounds Y23 Zinc compounds Y24
Arsenic; arsenic compounds Y25 Selenium, selenium compounds Y26 Cadmium;
cadmium compounds Y27 Antimony; antimony compounds Y28 Tellurium; tellurium
compounds Y29 Mercury; mercury compounds Y30 Thallium; thallium compounds Y31
Lead, lead compounds Y32 Inorganic fluorine compounds excluding calcium
fluoride Y33 Inorganic cyanides Y34 Acidic solutions or acids in solid form
Y35 Basic solutions or bases in solid form Y36 Asbestos (dust and fibres) Y37
Organic phosphorous compounds Y38 Organic cyanides Y39 Phenols; phenol
compounds including chlorophenols Y40 Ethers Y41 Halogenated organic solvents
Y42 Organic solvents excluding halogenated solvents Y43 Any congenor of
polychlorinated dibenzo-furan Y44 Any congenor of polychlorinated
dibenzo-p-dioxin Y45 Organohalogen compounds other than substances referred to
in this Annex(e.g. Y39, Y41, Y42, Y43, Y44) Annex II List of Hazardous
Characteristics UN Class Code Characteristics 1 H1 Explosive
An explosive substance or waste is a solid or liquid substance or waste (or
mixture of substances or wastes) which is in itself capable by chemical
reaction of producing gas at such a temperature and pressure and at such speed
as to cause damage to the surroundings. 3 H3 Flammable Liquids
The word "flammable" has the same meaning as "inflammable". Flammable liquids
are liquids, or mixtures of liquids, or liquids containing solids in solution
or suspension (for example, paints, varnishes, lacquers, etc., but not
including substances or wastes otherwise classified on account of their
dangerous characteristics) which give off a flammable vapour at temperatures
of not more than 60.5 deg. C, closed-cup test, or not more than 65.6 deg C,
open-cup test. (Since the results of open-cup tests and of closed-cup tests
are not strictly comparable and even individual results by the same test are
often variable, regulations varying from the above figures to make allowance
for such differences would be within the spirit of this definition.) 4.1 H4.1
Flammable solids
Solids, or waste solids, other than those classed as explosives, which under
conditions encountered in transport are readily combustible, or may cause or
contribute to fire through friction. 4.2 H4.2 Substances or wastes liable to
spontaneous combustion
Substances or wastes which are liable to spontaneous heating under normal
conditions encountered in transport, or to heating up on contact with air, and
being then liable to catch fire. 4.3 H4.2 Substances or wastes which, in
contact with water emit flammable gases
Substances or wastes which, by interaction with water, are liable to become
spontaneously flammable or to give off flammable gases in dangerous
quantities. 5.1 H5.1 Oxidising
Substances or wastes which, while in themselves not necessarily combustible,
may, generally by yielding oxygen cause, or contribute to, the combustion of
other materials. 5.2 H5.2 Organic Peroxides
Organic substances or wastes which contain the bivalent-o-o-structure are
thermally unstable substances which may undergo exothermic self- accelerating
decomposition. 6.1 H6.1 Poisonous (Acute)
Substances or wastes liable either to cause death or serious injury or to harm
human health if swallowed or inhaled or by skin contact. 6.2 H6.2 Infectious
substances
Substances or wastes containing viable micro organisms or their toxins which
are known or suspected to cause disease in animals or humans. 8 H8 Corrosives
Substances or wastes which, by chemical action, will cause severe damage when
in contact with living tissue, or, in the case of leakage, will materially
damage, or even destroy, other goods or the means of transport; they may also
cause other hazards. 9 H10 Liberation of toxic gases in contact with air or
water
Substances or wastes which, by interaction with air or water, are liable to
give off toxic gases in dangerous quantities. 9 H11 Toxic (Delayed or chronic)
Substances or wastes which, if they are inhaled or ingested or if they
penetrate the skin, may involve delayed or chronic effects, including
carcinogenicity. 9 H12 Ecotoxic
Substances or wastes which if released present or may present immediate or
delayed adverse impacts to the environment by means of bioaccumulation and/or
toxic effects upon biotic systems. 9 H13 Capable, by any means, after
disposal, of yielding another material, e.g., leachate, which possesses any of
the characteristics listed above. Tests The potential hazards posed by certain
types of wastes are not yet fully documented; tests to define quantitatively
these hazards do not exist. Further research is necessary in order to develop
means to characterize potential hazards posed to man and/or the environment by
these wastes. Standardized tests have been derived with respect to pure
substances and materials. Many countries have developed national tests which
can be applied to materials listed in Annex I, in order to decide if these
materials exhibit any of the characteristics listed in this Annex. Corresponds
to the hazard classification system included in the United Nations
Recommendations on the Transport of Dangerous Goods (ST/SG/ AC.10/1/Rev.5,
United Nations, New York, 1988). Annex III Pacific Island Developing Countries
(1) The Following members of the South Pacific Forum, on becoming a party to
this Convention, shall be considered to be Pacific Island Developing Parties
for the purposes of the Convention:
Ñ Cook Islands
Ñ Federated States of Micronesia
Ñ Fiji
Ñ Kiribati
Ñ Republic of Marshall Islands
Ñ Nauru
Ñ Niue
Ñ Republic of Palau
Ñ Papua New Guinea
Ñ Solomon Islands
Ñ Tonga
Ñ Tuvalu
Ñ Vanuatu
Ñ Western Samoa
(2) The Conference of the Parties may, in accordance with Article 13.4 (g),
and upon agreement with such prospective party, accept the status of any new
Party to this Convention as a Pacific Island Developing Party. Annex IV Other
Parties
(1) The following Members of the South Pacific Forum, on becoming a party to
this Convention, shall be considered to be Other Parties for the Purposes of
the Convention:
Ñ Australia
Ñ New Zealand
(2) (a) The Conference of the Parties may, in accordance with Article 13.4
(g), and upon agreement with such prospective party, accept the status of any
new Party to this Convention as an Other Party;
(b) An Other Party may designate a territory located within the Convention
Area to which, upon agreement by the Conference of the Parties, the
provisions of Article 4.1 of this Convention shall be applied mutatis
mutandis in the same manner as they apply to a Pacific Island
Developing Party. Annex V Disposal Operations A. Operations which do
not lead to the possibility of resource recovery, recycling,
reclamation, direct re-use or alternative uses (Final Disposal)
Section A encompasses all such disposal operations which occur in
practice. D1 Deposit into or onto land, (eg landfill etc) D2 Land
treatment, (eg biodegradation of liquid or sludgy discards into soils
etc) D3 Deep Injection (eg injection of pumpable discards into wells,
salt domes or naturally occurring repositories, etc) D4 Surface
impoundment, (eg placement of liquid or sludge discards into pits,
ponds or lagoons etc) D5 Specially engineered landfill (eg placement
into lined discrete cells which are capped and isolated from one
another and the environment etc) D6 Release into a water body except
seas/oceans D7 Release into seas/oceans including sea-bed insertion D8
Biological treatment not specified elsewhere in this Annex which
results final compounds or mixtures which are discarded by means of
any of the operations in Section A D9 Physico-chemical treatment not
specified elsewhere in this Annex which are discarded by means of any
of the operations in Section A (eg evaporation, drying, calcination,
neutralisation, precipitation etc) D10 Incineration on land D11
Incineration at sea D12 Permanent storage (eg emplacement of
containers in a mine etc) D13 Blending or mixing prior to submission
to any of the operations in Section A D14 Repackaging prior to
submission to any of the operations in Section A D15 Storage pending
any of the operations in Section A B. Operations which may lead to
resource recovery, recycling, reclamation, direct re-use or
alternative uses (Recycling) Section B encompasses all such operations
with respect to materials legally defined as or considered to be
hazardous wastes and which otherwise would have been destined for
operation included in Section A. R1 Use as fuel (other than in direct
incineration) or other means to generate energy R2 Solvent
reclamation/regeneration R3 Recycling/reclamation or organic
substances which are not used as solvents R4 Recycling/reclamation of
metals and metal compounds R5 Recycling/reclamation or other inorganic
materials R6 Regeneration of acids or bases R7 Recovery of components
used for pollution abatement R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil R10
Land treatment resulting in benefit to agriculture or ecological
improvement R11 Uses of residual materials obtained from any of the
operations numbered R1ÐR10 R12 Exchange of wastes for submission to
any of the operations numbered R1ÐR11 R13 Accumulation of material
intended for any operation in Section B Annex VI A Ñ Information to be
Provided on Notification 1. Reason for wastes export. 2. Exporter of
the wastes. 1/ 3. Generator(s) of the wastes and site of generation.
1/ 4. Disposer of the wastes and actual site of disposal. 1/ 5.
Intended carrier(s) of the wastes or their agents, if known. 1/ 6.
Country of export of the wastes. Competent authority. 2/ 7. Expected
countries of transit. Competent authority. 2/ 8. Country of import of
the wastes. Competent authority. 2/ 9. General or single notification.
10. Projected date(s) of shipment(s) and period of time over which
wastes are to be exported and proposed itinerary (including point of
entry and exit). 3/ 11. Means of transport envisaged (road, rail, sea,
air, inland waters). 12. Information relating to insurance. 4/ 13.
Designation and physical description of the wastes including Y number
and UN number and its composition 5/ and information on any special
handling requirements including emergency provisions in case of
accidents. 14. Type of packaging envisaged (e.g. bulk, drummed,
tanker). 15. Estimated quantity in weight/volume. 6/ 16. Process by
which the wastes are generated. 7/ 17. For wastes listed in Annex I,
classifications from Annex II: hazardous characteristic, H number, and
UN class. 18. Method of disposal as per Annex V. 19. Declaration by
the generator and exporter that the information is correct. 20.
Information transmitted (including technical description of the plant)
to the exporter or generator from the disposer of the wastes upon
which the latter has based his assessment that there was no reason to
believe that the wastes will not be managed in an environmentally
sound manner in accordance with the laws and regulations of the
country of import. 21. Information concerning the contract between the
exporter and disposer. Notes 1/ Full name and address, telephone,
telex or telefax number and the name, address, telephone, telex or
telefax number of the person to be contacted. 2/ Full name and
address, telephone, telex or telefax number. 3/ In the case of a
general notification covering several shipments, either the expected
dates of each shipment or, if this is not known, the expected
frequency of the shipments will be required. 4/ Information is to be
provided on relevant insurance requirements and how they are met by
exporter, carrier and disposer. 5/ The nature and the concentration of
the most hazardous components, in terms of toxicity and other dangers
presented by the wastes both in handling and in relation to the
proposed disposal method. 6/ In the case of a general notification
covering several shipments, both the estimated total quantity and the
estimated quantities for each individual shipment will be required. 7/
Insofar as this is necessary to assess the hazard and determine the
appropriateness of the proposed disposal operation. B Ñ Information to
be Provided on the Movement Document 1. Exporter of the wastes. 2.
Generator(s) of the wastes and site of generation. 3. Disposer of the
wastes and actual site of disposal. 4. Carrier(s) of the wastes /1 or
his agent(s). 5. Subject of general or single notification. 6. The
date the transboundary movement started and date(s) and signature on
receipt by each person who takes charge of the wastes. 7. Means of
transport (road, rail, inland waterway, sea, air) including countries
of export, transit and import, also point of entry and exit where
these have been designated. 8. General description of the wastes
(physical Party, proper UN shipping name and class, UN number, Y
number and H number as applicable). 9. Information on special handling
requirements including emergency provision in case of accidents. 10.
Type and number of packages. 11. Quantity in weight/volume. 12.
Declaration by the generator or exporter that the information is
correct. 13. Declaration by the generator or exporter indicating no
objection from the competent authorities of all Parties concerned
which are Parties. 14. Certification by disposer of receipt at
designated disposal facility and indication of method of disposal and
of the approximate date of disposal. Notes The information required on
the movement document shall where possible be integrated in one
document with that required under transport rules. Where this is not
possible the information should complement rather than duplicate that
required under the transport rules. The movement document shall carry
instructions as to who is to provide information and fill-out any
form. 1/ Full name and address, telephone, telex or telefax number and
the name, address, telephone, telex or telefax number of the person to
be contacted in case of emergency. Annex VII Arbitration Article 1
Unless the agreement referred to in Article 20 of the Convention
provides otherwise, the arbitration procedure shall be conducted in
accordance with Articles 2 to 10 below. Article 2 The claimant party
shall notify the Secretariat that the parties have agreed to submit
the dispute to arbitration pursuant to Articles 20.2 or 20.3 of this
Convention and include, in particular, the articles of this
Convention, the interpretation or application of which, are at issue.
The Secretariat shall forward the information thus received to all
Parties to this Convention. Article 3 The arbitral tribunal shall
consist of three members. Each of the Parties to the dispute shall
appoint an arbitrator, and the two arbitrators so appointed shall
designate by common agreement the third arbitrator, who shall be the
president of the arbitral tribunal. The latter shall not be a national
of one of the Parties to the dispute, nor have his usual place of
residence in the territory of one of these parties nor be employed by
any of them, nor have dealt with the case in any other capacity.
Article 4 1. If the president of the arbitral tribunal has not been
designated within two months of the appointment of the second
arbitrator, the Secretary General of the Forum Secretariat in
consultation with the Director of SPREP shall, at the request of
either party, designate that person within a further two months'
period. 2. If one of the Parties to the dispute does not appoint an
arbitrator within two months of the receipt of the request, the other
Party may inform the Secretary General of the Forum Secretariat who
shall, in consultation with the Director of SPREP, designate the
president of the arbitral tribunal within a further two months'
period. Upon designation, the president of the arbitral tribunal shall
request the Party which has not appointed an arbitrator to do so
within two months. After such period, he shall inform the Secretary
General of the Forum Secretariat, who shall make this appointment
within a further two months' period, in consultation with the Director
of SPREP. Article 5 1. The arbitral tribunal shall render its decision
in accordance with international law and in accordance with the
provisions of this Convention. 2. Any arbitral tribunal established
under the provisions of this Annex shall decide its own rules of
procedure. Article 6 1. The decisions of the arbitral tribunal both on
procedure and on substance, shall be taken by majority vote of its
members. 2. The tribunal may take all appropriate measures in order to
establish the facts. It may, at the request of one or the parties,
recommend essential interim measures of protection. 3. The parties to
the dispute shall provide all facilities necessary for the effective
conduct of the proceedings. 4. The absence or default of a party in
the dispute shall not constitute an impediment to the proceedings.
Article 7 The tribunal may hear and determine counter-claims arising
directly out of the subject-matter of the dispute. Article 8 Unless
the arbitral tribunal determines otherwise because of the particular
circumstances of the case, the expenses of the arbitral tribunal,
including the remuneration of its members, shall be borne by the
parties to the dispute in equal shares. The arbitral tribunal shall
keep a record of all its expenses, and shall furnish a final Statement
thereof to the parties. Article 9 Any Party that has an interest of a
legal nature in the subject-matter of the dispute which may be
affected by the decision in the case, may intervene in the proceedings
with the consent of the arbitral tribunal Article 10 1. The arbitral
tribunal shall render its award within five months of the date on
which it is established unless it finds it necessary to extend the
time-limit for a period which should not exceed five months. 2. The
award of the arbitral tribunal shall be accompanied by a statement of
reasons. It shall be final and binding upon the parties to the
dispute. 3. Any dispute which may arise between the parties concerning
the interpretation or execution of the award may be submitted by
either party to the arbitral tribunal which made the award or, if the
latter cannot be seized thereof, to another tribunal constituted for
this purpose in the same manner as the first.
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