BASEL ACTION NETWORK (BAN) GLOBAL SURVEY
22 November 2001
1. How does your country define hazardous waste? Please explain the differences, if any, in your national hazardous waste definitions from the Basel Convention's definitions. The national definition of hazardous waste is based on the criteria listed in Annex III of the EU-Regulation 91/689/EEC. The list of hazardous wastes as well as the definition of the hazard characteristics is laid down in the Ordinance on Hazardous Wastes (Feed. Law Gaz. II. 1997/227 as amended by Fed. Law Gaz. II 2000/178).
In line with EU-Legislation (Council Decision 94/ 904/EC and Commission Decision 2001/118/ EC) the definition of the hazard criteria relies mainly on the chemical legislation (EU-Regulation 67/548/ EEC as amended and 88/379/EEC as amended) while the Basel Definition refers to the transport regulations (UN_RTDG). Further more the Austrian and EU definition includes also wastes that can not be addresses under the Annex 1 of the Basel Convention (e.g. several Ni-bearing wastes). The list of potential hazardous waste streams and constituents (mirror to Annex 1 of the BC) is to be found in Annex 1 of the EU-regulation 91/689/EEC. Thus the EU-Definition (and the Austrian implementation) is in general more comprehensive than the Basel Definition. In the Austrian Standard OENORM S 2105 there is a cross-reference between the Austrian Hazardous Waste List and the transport regulation (ADR). Only approx 2/3 of the hazardous waste codes refer to an UN-class and UN-code.
2. Does your country possess a national hazardous waste import prohibition law or policy?
Yes, as Legislation:__ (if so, please cite the law, e.g. National Import Law, Section 1, Chapter 23; Environmental Protection Act of 1997)
Yes, as Policy:X (if so, please cite basis for policy, e.g. executive order, declarations, etc.) Imports and exports for final disposal are regulated under the EU-Ordinance 93/259/EC. In line with this ordinance an objection can be raised i.a. on basis of a Waste Management Plan. Austria implemented the principle of self sufficiency for final disposal. Thus an import license for final disposal is granted only if this import will not interfere with the national capability of self sufficiency. This policy is explained in the supplement to the Federal Waste Management Plan, edition 1998. An update will be published by the end of 2001.
Yes, by virtue of a treaty obligation: __(if so, please cite the treaty)
No:__
3. If you answered "Yes" above, is the ban or prohibition with or without exceptions.
Without exceptions:__
With exceptions: (please describe exceptions)
The objections are raised on a case by case basis pending on the influence of the capability for self sufficiency. Exceptions can be made e.g., if there is no environmental sound disposal option in the country of export.
4. Does your country possess a national hazardous waste export prohibition law or policy?
Yes, as Legislation:X (if so, please cite the law and to whom the ban applies, for example: National Import Law, Section 1, Chapter 23-Applies to non-OECD Countries) Transboundary shipments of waste are regulated under the EU shipment regulation 93/259/EC. Exports of hazardous wastes for final disposal are allowed only within the European Economic Area (EEA), exports of hazardous wastes for recycling are allowed only within the EEA and to countries which apply to OECD Council Decision C92(39) final.
Yes, as Policy:X (if so, please cite basis for policy e.g. executive order, declarations, etc.) There is the policy of self sufficiency for final disposal. Therefore an export license for final disposal is granted only if there is no equal disposal option in Austria. Objections to such exports are raised on basis of the Federal Waste Management Plan during the notification procedure in accordance with the EU-Ordinance 93/259/ EC.
Yes, by virtue of a treaty obligation: (if so, please cite the treaty)
No:__
5. Is your country a Party to the Basel Convention?
Yes: X
No: __(if not, please explain as specifically as you can, why not. What are the remaining obstacles to ratification?)
6. If your country is a party to the Basel Convention, does it consider decision II/12, which prohibited all exports of hazardous wastes from OECD to non-OECD countries binding on it?
Yes: __
No: X (if not, please explain as specifically as you can how your country implements decision II/12 or what significance it holds for your country) For principal legal reasons Austria holds a COP-Decision for legally binding only if this is foreseen so within the specific Convention. In such cases there is the need of an internal parliamentary procedure before Austria can join a consensus on such a decision.
On the other hand there is a moral obligation to implement a COP Decision wherever possible.
7. Has your country ratified the amendment adopted by Decision III/1 of the Basel Convention which likewise bans all exports of hazardous wastes from OECD, EU and Liechtenstein to all other countries?
Yes: X
No: __ (if not, please explain as specifically as you can why not. What obstacles remain?)
8. Does your country intend to ratify the Decision III/1 (The Basel Ban Amendment)?
Yes: __ (if yes, can you indicate a time frame?)
No: __ (if no, can you explain why not?)
9. Is your country part of the areas covered by any of the following instruments: Izmir Protocol (Mediterranean watershed area), Bamako Convention (Organization of African Unity Member States), Waigani Treaty, (South Pacific Island States) or the Central American Agreement on Hazardous Waste (Central American country)?
Yes: __(if so, which region?)
No: __
10. If you answered yes above, has your country ratified that agreement?
Yes: __ (if so, what was the date of deposit?)
No: __ (if not, please explain as specifically as you can, why not and when might ratification be expected to occur, if at all?)
11. Has your country ratified the Rotterdam Convention on Prior Informed Consent?
Yes: __
No: X (if not, please explain as specifically as you can, why not, what obstacles remain, and when might ratification be expected to occur, if at all?) The internal procedures for ratification are finished. Since the export and import of goods are regulated under EU law the ratification will be done as soon as the EU-Ordinance regulating the export and import of hazardous chemicals is adopted. This is foreseen by the end of the year under the Belgium Presidency.
12. Has your country ratified the London Convention Protocol of 1996 (updating the London Convention)?
Yes: __
No: X (if not, please explain as specifically as you can, why not, what obstacles remain, and when might ratification by expected to occur, if at all?) Since Austria is not a coastal state the Convention is not on the highest domestic priority. Any exports for final disposal of waste are regulated under the Ordinance 93/259/EC. Under this ordinance and the criteria laid down in the Austrian policy (Federal Waste Management Plan) there is no factual possibility to grant an export license for high sea dumping.
13. Has your country ratified the Stockholm Convention on Persistent Organic Pollutants?
Yes: __
No: X (if not, please explain as specifically as you can, why not, what obstacles remain and when might ratification by expected to occur, if at all?) The process of implementation has started on domestic and EU level. Since several obligations under the POPs-Protocol are regulated by EU-legislation the ratification is pending on the progress within the Community.
14. Please let us know of any other information which you feel is important in understanding your country's current position and status with respect to the above questions: Additionally to the Basel Ban for hazardous wastes (and household wastes) the export of non hazardous wastes for recycling is restricted under the Council Ordinance 99/1420 and the Commission Ordinance 99/1547. The Commission Ordinance 99/1547 e.g. implements the ban under the Lome IV Agreement (AKP-EC-Agreement) for several non hazardous wastes.
15. Please supply your contact information:
Name: Andreas Moser, Federal ministry of Agriculture, Forestry, Environment and Water Management, Department III/5 U
Title: Focal Point for the Basel Convention
Listed Basel Competent Authority? Yes:__ No:X (focal point)
Address: Stubenbastei 5, A-1010 Vienna, Austria
Phone: +43 1 51522 3521
Fax: +43 1 51522 3003 or 7502
E-Mail:ifp.basel@bmu.gv.at <mailto:ifp.basel@bmu.gv.at> or personally andreas.moser@bmu.gv.at