BASEL ACTION NETWORK (BAN) GLOBAL SURVEY
4 December 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. "Hazardous waste shall mean waste that has one or more of hte hazardous properties set forth in the Act" List of hazardous properties ocovers all the "Basel " hazardous charcteristics excluding causticity. New Czexh Act on waste, which comes into force on January 1, 2002, defines hazardous waste as following: "Hazardous waste shall mean waste listed in the Catalogue on hazardous waste and any other waste with one or more hazardous characteristics set forth in the Act" List of hazardous properties covers all the "Basel" hazardous characteristics plus mutagenity and teratogenity. Hazardous properties of wastes Czech Waste Management Council Directive comparison of Act 91/689/EHS definitions 1. Explosiveness H1 Explosive identical 2. Flammability a) High Flammability H3A flammable identical b) Flammability H3B Flammable identical 3. Oxidation capability H2 Oxidizing identical 4. Thermal instability of organic peroxides 5. Ability to release H12 Substances and comparable poisonous gases in preparations which contact with air and water release toxic or very toxic gases in contact with water, air or an acid 6. Ecotoxicity H14 Ecotoxic identical 7. Subsequent H13 Substances capable identical hazardousness by any means, after disposal, of yeilding another substance, e.g. a lecahete, which posseses any of the characteristics listed above 8. Acute toxicity H6 Toxic comparable H5 Harmful 9. Delayed effect H7 Carcinogenic comparable H10 Teratogenic H11 Mutagenic 10. Agressiveness H4 Irritant comparable H8 Corrosiveness 11. Infectiousness H9 Infectious Identical 12. Radioactivity
2. Does your country possess a national hazardous waste import prohibition law or policy?
Yes, as Legislation:X (if so, please cite the law, e.g. National Import Law, Section 1, Chapter 23; Environmental Protection Act of 1997) Act on Waste No. 185/2001 Coll., Section 54(3), 55(3), which is coming into force on 1 January 2002
Yes, as Policy:__ (if so, please cite basis for policy, e.g. executive order, declarations, etc.)
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:X, *54 Export, Import and Transit of Wastes for the Purpose of Disposal (1) The export of wstes for the purpose of their disposal shall be prohibited with the exception of export to the member states of the European Union and to the member states of the European Free Trade Association (EFTA) that are simultaneously parties to the Basel Convention on the Control of te Transboundary Movements of Hazardous Wastes and Their Disposal) Communication of the Ministry of Foreign Affairs No. 100/ 1994 Col., on the jBasel Convention on the Control of the Transboundary Movements of Hazardous Wastes and their disposal.)(hereinafter the "Basel Convention"). (2) Waste generated in the Czech Republic shall be preferentially disposed in the Czech Republic. If this is not possible, disposal in the countries of the European Union shall have precedence over disposal in the countries of the Ruropean Free Trade Association, who are signatories to the Basel Convention in the same time. (3) The import of wastes for the purpose of disposal shall be prohibited with the exception of return of wastes generated in the processing of wastes exported to a state in the framework of passive refining relations and processed in the state; the state has to be in the same time a party to the Basel Convention or with which the Czech Republic has concluded an agreement or convention pursuant to Article 11 of the Basel Convention (hereinafter an "agreement or convention"). (4) The export, import and transit of wastes for the purpose of disposal that is not prohibited pursuant to paragraphs 1 and 3 shall be possible only with consent pursuant to 58. *55 Export, Import and Transit of Waste for the Purpose of Recovery (1) For the purposes of export, import and transit of wastes for the purpose of recovery thereof, wastes shall be classified as a) waste referred to in the green list of wastes, (b) waste referred to in the amber list of wastes, (c) waste referred to in the red list of wastes, (d) wastes not referred to in any of the lists referred to under letters a) b) and c). (2) The export of waste laid down in the regulation for implementation for the purposes of recovery to states laid down in the regulation for implementation shall be prohibited. (3) The export and import of wastes referred to in the amber list of red list and wastes not referred to in any list for th purpose of recovery shall be prohibited with the exception of their export and import (a) to states and from states that are covered by decision of the Council of Organisation for Economic Cooperation and Development ("OECD"), and (b) to states and from states other than those mentioned under the letter (a), who are signatories of Basel Convention or with which the Czech Republic has concluded an agreement or convention (4) Import of waste referred to in paragraph 1 for the purpose of energy recovery in the Czech Republic shall be prohibited with the exception of retun of wstes generated in the processing of waste exported in the framework of passive refining relations in the state of export, and processed in the state, which is a party to the Basel Convention or with which the Czech Republic has concluded an agreement or convention. (5) Waste generated in the Czech Republic shall be preferentially recovered in the Czech Republic
With exceptions: (please describe exceptions)
4. Does your country possess a national hazardous waste export prohibition law or policy?
Yes, as Legislation:__ (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)
Yes, as Policy:__ (if so, please cite basis for policy e.g. executive order, declarations, etc.)
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: __
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: __ (if not, please explain as specifically as you can how your country implements decision II/12 or what significance it holds for your country)
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: __
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: __ (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?)
12. Has your country ratified the London Convention Protocol of 1996 (updating the London Convention)?
Yes: __
No: __ (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?)
13. Has your country ratified the Stockholm Convention on Persistent Organic Pollutants?
Yes: __
No: __ (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?)
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:
15. Please supply your contact information:
Name:
Title:
Listed Basel Competent Authority? Yes:__ No:___
Address:
Phone:
Fax:
E-Mail: