An X on the table indicates the country joined in the consensus decision.
General Note: Due to the constant change in status of various treaties, amendments and protocols, the Basel Action Network cannot ensure the absolute accuracy of all of these listings in this table. We therefore appreciate those that will call our attention to any errors or changes in status to assist us in updating the table as accurately and as timely as possible.
Basel Convention: "The Basel Convention on the Transboundary Movement of Hazardous Wastes and their Disposal" was adopted on 21 March 1989 and went into force on 5 May 1992. It establishes a framework of control over the transboundary movements of hazardous wastes. If a country has joined the treaty through the deposit of ratification (r), accession (a), acceptance (A) or Approval (AA) is indicated by date of deposit. The total number of such deposits is listed. If a country has signed the treaty but has not yet ratified it, this is indicated by the word "signature."
Organization of Economic Cooperation and Development (OECD): When the Parties to the Convention sought to make an economic distinction between developed and developing countries, they chose the divider line established by the OECD -- a group of 30 more highly developed and industrialized countries. This group by far produces the most hazardous waste (estimated at 90%) and by far has the most resources to ensure that it is dealt with responsibly at home. Thus the Basel Ban Decision and Amendment were meant to apply only to these countries. Lietchenstein is a noted exception. However Liechtenstein is already bound by the EEA agreement which implements the Basel Ban (see below) and thus it is logical that Liechtenstein be the only exception at this time. The OECD countries are indicated by gray shading in the table above.
*European Economic Community: The Basel Convention allows political or economic integration organizations to join the Convention as Parties to it. The European Economic Community, now known as the European Union, has ratified the Convention as have their 15 member states. When it comes time to vote in the Convention, ordinarily the European Commission has the competence to vote the 15 votes of the EEC as a bloc. While the competence over ratification of the treaty itself or its amendments remains the subject of some controversy, it is generally accepted that the European Commission possesses the competence for ratification or accession especially over treaties related to trade. With respect to the Basel Ban Amendment which the EEC has ratified while individual countries have not all taken the somewhat redundant step of likewise ratifying, our table records those countries which have not officially ratified but nevertheless are bound by the Basel Ban as having "Implemented!" with the total indicated by the (i). The ones that have actually deposited their own ratifications are listed as Ratified! and the total indicated by the (r).
European Economic Agreement: Additionally the countries of Iceland, Liechtenstein and Norway, all members of the European Free Trade Association (EFTA) are also bound by the implementation legislation 259/93 and amendments (see below) due to their obligations under the trade linking agreement between EFTA and the EU known as the European Economic Agreement (EEA). As Norway has ratified the Basel Ban Amendment outright, it is listed as a ratifier of the Basel Ban Amendment while Iceland and Liechtenstein are listed as having implemented it.
Basel Ban:
Decision II/12: This decision was passed by a consensus of the 66 Parties at the Second Conference of Parties of the Basel Convention on 25 March 1994. All exports of hazardous wastes from OECD to non-OECD countries would be banned. The ban takes place immediately for final disposal, and for those wastes bound for recycling destinations, the ban would take effect on 31 December 1997. An X on the table indicates the country joined in the consensus decision.
Decision III/1: This decision was passed by a consensus of the 82 Parties present at the Third Conference of Parties of the Basel Convention on 22 September 1995. The decision established an amendment to the Convention to establish a new Article 4A. The article obligates Parties that are listed on Annex VII (country members of the OECD, EU and Liechtenstein) to ban exports of hazardous wastes to all countries not listed on Annex VII. The ban would take place immediately for final disposal, and for those wastes bound for recycling destinations, the ban would take effect on 31 December 1997. The Amendment will go into force when 62 countries (3/4ths of Parties present) have ratified it. An X on the table, indicates the country joined in the consensus decision. The word "Ratified" and the country flag indicates that the country has not only joined in the decision but has already deposited its ratification. The word "Implemented" indicates that by virture of the EEC's ratification and implementation, or by virtue of the EEA agreement (see above) that country is legally bound by Decision III/1 despite not having actually deposited the instrment of ratification. For information on the current status of Amendment Ratifications see Deposit Box.
Regional /National Agreements:
Bamako Convention: "The Bamako Convention on the ban on the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa," adopted on 29 January 1991, in Bamako, Mali, prohibits the import into Africa of any hazardous, including radioactive, wastes, as well as products which have been banned, cancelled or withdrawn from registration for environmental or health reasons. The Convention entered into force on April 22, 1998. The word "Bamako" in the table indicates a country that has ratified the Bamako Convention.
EU Waste Shipment Regulation: "The Consolidated Version of European Council Regulation on the Supervision and Control of Shipments of Waste, Within, INto and out of the European Community (EC) No. 259/93" now includes former Regulation No. 120/97 which was adopted and went into immediate force for all 15 member states of the EU on 20 January 1997. This amendment was designed to fully implement Basel Decision II/12 summarized above. Thus, today the European Union legislation (259/93) obliges all member states to immediately prohibit exports of hazardous wastes for recovery and final disposal except to OECD countries. The letters "EU" in the table indicates a member state of the European Union for which the above regulation is binding law.
Central American Agreement: The Central American Agreement on Hazardous Waste "Acuerdo Regional sobre MovimientoTransfronterizo de Desechos Peligrosos" signed in December of 1992 by the Cumbre de Presidentes del Istmo Centroamericano, creates a ban on the import of all hazardous wastes into the Central American region. The agreement is understood to currently be binding on all 6 member states. The Agreement defines hazardous waste as does the Bamako Convention above. The letters "CAA" in the table indicates a member state for which the agreement is in force.
Waigani Convention: "The 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" was adopted on the 16 September 1995, in Waigani, Papua New Guinea by the South Pacific Forum States. The treaty prohibits each Pacific Island developing Party from importing all hazardous and radioactive wastes from outside of the Convention area. Australia and New Zealand are prohibited from exporting hazardous or radioactive wastes to all other South Pacific Forum Island countries. The Convention is not yet in force. The word "Waigani" in the table indicates a country which has signed the Convention.
Izmir Protocol: The Parties to the Convention for the Protection of the Mediterranean Sea against Pollution, (Barcelona Convention) adopted the "Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and Their Disposal" (Izmir Protocol) on 1 October 1996 in Izmir, Turkey. The protocol prohibits the export of hazardous and radioactive wastes to non-OECD countries and those Parties that are not members of the European Community are prohibited from importing hazardous and radioactive wastes. For the purposes of this protocol, Monaco is considered to part of the OECD and the European Community. The protocol is not yet in force. The word "Izmir" in the table indicates a country that has signed the "final act" of the protocol meeting proceedings.
National Bans: It is very difficult to keep track of all
national legislation, especially the status of amendments to it
because of regional agreements. The word "National" in the table indicates
those countries that are understood to possess national waste import
bans only if they are not already part of a regional
agreement.
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Ratified!
