BASEL ACTION NETWORK (BAN) GLOBAL SURVEY

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. Netherlands will use the European waste list as of January 2002. The system is comparable to the Basel system but the list of constituents is longer (based on the hazardous substances legislation.

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) In the European Waste Shipment Regulation (WSR) is a prohibition for import of Basel wastes from non-Parties to the Convention (unless there is a bilateral agreement) (artt. 19-22)

Yes, as Policy:X (if so, please cite basis for policy, e.g. executive order, declarations, etc.) In the waste policy plans (at this moment we have two plans, one for haz and one for non-haz waste, as of next year there will be one integrated plan) there is an absolute ban on import for landfill; other kinds of disposal (in Basel: final disposal) are also not allowed but might have certain exemptions.

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. Already answered under 2.

Without exceptions:__

With exceptions: (please describe exceptions)

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) In WSR (artt. 14-18): prohibition to export Basel-wastes for recovery to all countries with the exception of other OECD- countries; for disposal a ban to all countries with the exception of other Member States of the EU and countries belonging to the EFTA ( and which are Party to the Basel Convention).

Yes, as Policy:X (if so, please cite basis for policy e.g. executive order, declarations, etc.) In waste policy plans , export for disposal (Basel: final disposal) is not allowed (most important: for waste destined for landfill, destined for incineration in a dedicated waste incinerator). The exceptions are if there is no disposal capacity in the Netherlands available or if the scale needed goes beyond the supply in the Dutch market.

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: X

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: 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: X

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: X

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: 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?)

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?) Not yet, probably by the end of this year (legal procedures take time).

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: Hans Meijer/Kees den Herder

Title: coordinator

Listed Basel Competent Authority? Yes:__ No:X (focal point)

Address:Min. of Environment/ IPC 645, PO Box 3095, 2500 GX Den Haag, The Netherlands

Phone: +31 70 339 4165 (Kees den Herder 1948)

Fax: +31 70 339 1286

E-Mail: hans.meijer@minvrom.nl kees.denherder@minvrom.nl