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. Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (the WSR") is the means by which the UK and other EU Member States implement the Basel Convention and OECD Decision C (92)39/FINAL. It provides the means for supervising and controlling shipments of waste within, into and out of the EC. Whilst the WSR does not include a definition of "hazardous waste", wastes listed in Annex III or Annex IV of the WSR destined for movements within the OECD are controlled as hazardous and highly hazardous respectively.
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.) The UK Management Plan for Export and Imports for Waste (June 1996) (The Plan) sets out the UK's policy on the import of waste for final disposal.
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 Plan prohibits the import of such wastes for disposal from all OECD countries, except Portugal and Ireland. It also makes it clear that the UK will only accept wastes from non-OECD Countries if they do not possess nor can they reasonably acquire facilities to dispose of such wastes in an environmentally sound manner.
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) Article 14 of the WSR prohibits the export of all wastes for disposal, except to other EU and EFTA countries.
Council Regulation 120/97 prohibits the shipment of certain wastes for recovery from EU Member States to countries not covered by OECD Decision C(92)/39. Annex V of the WSR, which specifies the hazardous wastes subject to the prohibition, was amended by Commission Regulation (EC) No 2408/98.
Yes, as Policy:X (if so, please cite basis for policy e.g. executive order, declarations, etc.) Additionally the UK prohibits the export of all wastes for disposal (through the Plan).
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: __
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?) European Community Regulation 2455/92 already implements a scheme on trade in certain dangerous chemicals, operated jointly by the United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation of the United Nations (FAO) The UK has not ratified the Rotterdam Convention and cannot do so until Regulation 2455/92 has been revised to, at least, match the convention-which introduces a number of important changes from the previous voluntary procedure.
12. Has your country ratified the London Convention Protocol of 1996 (updating the London Convention)?
Yes: X
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: 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?) Work is underway related to ratification to examine whether UK legislation complies with the Convention and if not, the changes that will be necessary in order to implement this Convention. It is expected that results of this will examination be available from Spring 2002.
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: Sarah Paul
Title: Waste Policy Advisor
Listed Basel Competent Authority? Yes:__ No:X (focal point)
Address: Waste Policy Division, DEFRA, Floor 7/G15, Ashdown House, 123 Victoria Street, London, SW1E 6DE
Phone: +44 (00) 20 7944 6424
Fax:+44 (00) 20 7944 6409
E-Mail: sarah.paul@defra.gsi.gov.uk