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Decisions of the Conference of the Parties

The Conference of the Parties

Takes note of the information provided by the Secretariat regarding international cooperation and coordination in the report on international cooperation for 2009–20111 and requests the Secretariat to continue to strengthen cooperation and coordination with international and regional organizations and multilateral environmental agreements in areas of relevance to the Basel Convention, including in the areas and with the organizations listed in the aforementioned report;1UNEP/CHW.10/INF/14.

Requests the Secretariat to continue efforts to seek observer status in the Committee on Trade and Environment of the World Trade Organization and to advise the parties when its request for such status is granted by the World Trade Organization;

The Conference of the Parties,

Encourages any centre that has not yet submitted a business plan to do so as soon as possible;

The Conference,

Recognizing that transboundary movements of hazardous wastes from OECD to non-OECD States run a high risk of not constituting an environmentally sound management of hazardous wastes as required by the Basel Convention,

Decides to prohibit immediately all transboundary movements of hazardous wastes which are destined for final disposal from OECD to non-OECD States;

Decides also to phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes which are destined for recycling or recovery operations from OECD to non-OECD States;

The Conference,

Recalling that at the first meeting of the Conference of the Parties to the Basel Convention, a request was made for the prohibition of hazardous waste shipments from industrialized countries to developing countries;

Decides to adopt the following amendment to the Convention:

Insert new preambular paragraph 7 bis:

Recognizing that transboundary movements of hazardous wastes, especially to developing countries, have a high risk of not constituting an environmentally sound management of hazardous wastes as required by this Convention;

Insert new Article 4A:

1.Each Party listed in Annex VII shall prohibit all transboundary movements of hazardous wastes which are destined for operations according to Annex IV A, to Statesnot listed in Annex VII.

2.Each Party listed in Annex VII shall phase out by 31 December 1997, and prohibit as of that date, all transboundary movements of hazardous wastes under Article 1(i)(a) of the Convention which are destined for operations according to Annex IV B to States not listed in Annex VII. Such transboundary movement shall not be prohibited unless the wastes in question are characterised as hazardous under the Convention.

The Conference of the Parties,

Invites Parties to take into consideration, wherever possible, the proposed way forward set out in the President’s statement.

5.Given the length of time that has elapsed since the adoption of the Ban Amendment and that some time may still be needed to address the interpretation of the amendments procedure, the President seeks to launch a process, on the august occasion of the ninth meeting of the Conference of the Parties, which will reaffirm the objectives of the Ban Amendment and explore means by which these objectives might be achieved. The President stresses that this initiative should serve to complement, and most certainly should be without prejudice to, the continuing efforts by Parties to ensure the entry into force of the Ban Amendment.

The Conference of the Parties,

1.Requests the secretariat of the Basel Convention to:
(a)Seek observer status in the Committee on Trade and Environment meeting in special session, and to advise the Parties to the Basel Convention when the request has been submitted to and granted by the World Trade Organization;
(b)Report to the Parties to the Basel Convention on any meetings it attends at the World Trade Organization and any substantive contacts with the World Trade Organization secretariat and its committee secretariats;
(c)Monitor developments in the World Trade Organization Committee on Trade and Environment meeting in special session and report to the Parties thereon;

2.Also requests the secretariat of the Basel Convention, when called upon to provide general information to the World Trade Organization on trade provisions of the Basel Convention, to consult with the Parties to the Basel Convention before providing that information. If the Secretariat of the Basel Convention is requested to provide interpretation on the trade provisions of the Convention, it will refer such requests to the Conference of the Parties.

The Conference of the Parties,

Reaffirming the fundamental aims of the Basel Convention, namely, the reduction of transboundary movements of hazardous and other wastes subject to the Basel Convention, the prevention and minimization of their generation, the environmentally sound management of such wastes and the active promotion of the transfer and use of cleaner technologies,

Calls upon all Parties and other States to increase their efforts to take steps to reduce the generation and transboundary movements of hazardous wastes and other wastes subject to the Basel Convention;

D. Programme objectives

10.Given the size and nature of the waste challenge and the call on both expertise and resources (internal and external), the Basel Convention Partnership Programme is focused on the following objectives:
(a)To initiate and oversee practical project activity in priority areas, with particular regard to the generation, movement and environmentally sound management of waste and active promotion of the transfer and use of cleaner technologies;
(b)To broaden the resource and support base of the Convention, particularly through:
(i)Improved local and regional participation;
(ii)Improved analysis, understanding and political support for the broadest programme perspective of the role of the Basel Convention in the waste challenge;
(iii)Enhanced access to external expertise and resources (for example, from industry, environmental non-governmental organizations, philanthropic organizations and other United Nations agencies and regional and national authorities);
(c)To improve stakeholder participation and communication.

The Conference of the Parties,

Having considered decision VII/3 on partnership with environmental non-governmental organizations and with the industry and business sectors,

Welcoming the work of the mobile phone working group and various project groups that deal with refurbishment, collection, transboundary movements, recycling and awareness raising,

Encourages all Basel Convention regional centres actively to participate in the Mobile Phone Partnership Initiative;

The Conference of the Parties,

Also requests the Secretariat to continue its cooperation, in accordance with decisions VI/29 and VI/30, on critical areas for the effective implementation of the Basel Convention, its protocol and amendments with relevant organizations, including the following:

(j)The World Trade Organization;