Party | Подпись | Ratification | Status | Party | |
---|---|---|---|---|---|
22 Mar 1989 | 25 Mar 2013 | Ratification | 23 Jun 2013 | ||
29 Jun 1999 | Accession | 27 Sep 1999 | |||
15 Sep 1998 | Accession | 14 Dec 1998 | Декларации | ||
23 Jul 1999 | Accession | 21 Oct 1999 | |||
06 Feb 2017 | Accession | 07 May 2017 | |||
05 Apr 1993 | Accession | 04 Jul 1993 | |||
28 Jun 1989 | 27 Jun 1991 | Ratification | 05 May 1992 | ||
01 Oct 1999 | Accession | 30 Dec 1999 | |||
05 Feb 1992 | Accession | 05 May 1992 | |||
19 Mar 1990 | 12 Jan 1993 | Ratification | 12 Apr 1993 | ||
01 Jun 2001 | Accession | 30 Aug 2001 | |||
12 Aug 1992 | Accession | 10 Nov 1992 | |||
22 Mar 1989 | 15 Oct 1992 | Ratification | 13 Jan 1993 | ||
01 Apr 1993 | Accession | 30 Jun 1993 | |||
24 Aug 1995 | Accession | 22 Nov 1995 | |||
10 Dec 1999 | Accession | 09 Mar 2000 | |||
22 Mar 1989 | 01 Nov 1993 | Ratification | 30 Jan 1994 | ||
23 May 1997 | Accession | 21 Aug 1997 | |||
04 Dec 1997 | Accession | 04 Mar 1998 | |||
26 Aug 2002 | Accession | 24 Nov 2002 | |||
22 Mar 1989 | 15 Nov 1996 | Ratification | 13 Feb 1997 | ||
16 Mar 2001 | Accession | 14 Jun 2001 | |||
20 May 1998 | Accession | 18 Aug 1998 | |||
01 Oct 1992 | Accession | 30 Dec 1992 | |||
16 Dec 2002 | Accession | 16 Mar 2003 | |||
16 Feb 1996 | Accession | 16 May 1996 | |||
04 Nov 1999 | Accession | 02 Feb 2000 | |||
06 Jan 1997 | Accession | 06 Apr 1997 | |||
02 Jul 1999 | Accession | 30 Sep 1999 | |||
02 Mar 2001 | Accession | 31 May 2001 | |||
09 Feb 2001 | Accession | 10 May 2001 | |||
22 Mar 1989 | 28 Aug 1992 | Ratification | 26 Nov 1992 | ||
24 Feb 2006 | Accession | 25 May 2006 | |||
10 Mar 2004 | Accession | 08 Jun 2004 | |||
31 Jan 1990 | 11 Aug 1992 | Ratification | 09 Nov 1992 | Декларации | |
22 Mar 1990 | 17 Dec 1991 | Ratification | 05 May 1992 | End notes | |
22 Mar 1989 | 31 Dec 1996 | Ratification | 31 Mar 1997 | Декларации | |
31 Oct 1994 | Accession | 29 Jan 1995 | |||
20 Apr 2007 | Accession | 19 Jul 2007 | |||
29 Jun 2004 | Accession | 27 Sep 2004 | |||
07 Mar 1995 | Accession | 05 Jun 1995 | |||
09 May 1994 | Accession | 07 Aug 1994 | |||
03 Oct 1994 | Accession | 01 Jan 1995 | Декларации | ||
22 Mar 1989 | 17 Sep 1992 | Ratification | 16 Dec 1992 | ||
30 Sep 1993 | Ratification | 29 Dec 1993 | End notes | ||
01 Dec 1994 | Accession | 01 Mar 1995 | |||
10 Jul 2008 | Accession | 08 Oct 2008 | |||
06 Oct 1994 | Accession | 04 Jan 1995 | |||
22 Mar 1989 | 06 Feb 1994 | Approval | 07 May 1994 | Декларации | |
31 May 2002 | Accession | 29 Aug 2002 | |||
05 May 1998 | Accession | 03 Aug 1998 | |||
10 Jul 2000 | Accession | 08 Oct 2000 | |||
22 Mar 1989 | 23 Feb 1993 | Ratification | 24 May 1993 | Декларации | |
08 Jan 1993 | Accession | 08 Apr 1993 | End notes | ||
22 Mar 1990 | 13 Dec 1991 | Ratification | 05 May 1992 | ||
07 Feb 2003 | Accession | 08 May 2003 | |||
10 Mar 2005 | Accession | 08 Jun 2005 | |||
21 Jul 1992 | Accession | 19 Oct 1992 | |||
08 Aug 2005 | Accession | 06 Nov 2005 | |||
12 Apr 2000 | Accession | 11 Jul 2000 | |||
22 Mar 1989 | 07 Feb 1994 | Approval | 08 May 1994 | Декларации | |
22 Mar 1989 | 19 Nov 1991 | Acceptance | 05 May 1992 | ||
22 Mar 1989 | 07 Jan 1991 | Approval | 05 May 1992 | ||
06 Jun 2008 | Accession | 04 Sep 2008 | |||
20 May 1999 | Accession | 18 Aug 1999 | |||
23 Oct 1989 | 21 Apr 1995 | Ratification | 20 Jul 1995 | End notes | |
30 May 2003 | Accession | 28 Aug 2003 | |||
22 Mar 1989 | 04 Aug 1994 | Ratification | 02 Nov 1994 | ||
15 Oct 2021 | Accession | 13 Jan 2022 | |||
22 Mar 1989 | 15 May 1995 | Ratification | 13 Aug 1995 | ||
26 Apr 1995 | Accession | 25 Jul 1995 | |||
09 Feb 2005 | Accession | 10 May 2005 | |||
04 Apr 2001 | Accession | 03 Jul 2001 | |||
27 Dec 1995 | Accession | 26 Mar 1996 | |||
22 Mar 1989 | 21 May 1990 | Approval | 05 May 1992 | ||
28 Jun 1995 | Accession | 26 Sep 1995 | |||
15 Mar 1990 | 24 Jun 1992 | Ratification | 22 Sep 1992 | ||
20 Sep 1993 | Accession | 19 Dec 1993 | Декларации | ||
05 Jan 1993 | Accession | 05 Apr 1993 | |||
02 May 2011 | Accession | 31 Jul 2011 | |||
19 Jan 1990 | 07 Feb 1994 | Ratification | 08 May 1994 | ||
22 Mar 1989 | 14 Dec 1994 | Ratification | 14 Mar 1995 | ||
22 Mar 1989 | 07 Feb 1994 | Ratification | 08 May 1994 | Декларации Objections |
|
23 Jan 2003 | Accession | 23 Apr 2003 | |||
17 Sep 1993 | Accession | 16 Dec 1993 | Декларации | ||
22 Mar 1989 | 22 Jun 1989 | Approval | 05 May 1992 | ||
03 Jun 2003 | Accession | 01 Sep 2003 | |||
01 Jun 2000 | Accession | 30 Aug 2000 | |||
07 Sep 2000 | Accession | 06 Dec 2000 | |||
22 Mar 1989 | 11 Oct 1993 | Ratification | 09 Jan 1994 | ||
13 Aug 1996 | Accession | 11 Nov 1996 | |||
21 Sep 2010 | Accession | 20 Dec 2010 | |||
14 Apr 1992 | Accession | 05 May 1992 | |||
22 Mar 1989 | 21 Dec 1994 | Ratification | 21 Mar 1995 | Декларации | |
31 May 2000 | Accession | 29 Aug 2000 | |||
22 Sep 2004 | Accession | 21 Dec 2004 | |||
12 Jul 2001 | Accession | 10 Oct 2001 | |||
22 Mar 1989 | 27 Jan 1992 | Ratification | 05 May 1992 | ||
22 Apr 1999 | Accession | 21 Jul 1999 | |||
22 Mar 1989 | 07 Feb 1994 | Ratification | 08 May 1994 | ||
02 Jun 1999 | Accession | 31 Aug 1999 | |||
21 Apr 1994 | Accession | 20 Jul 1994 | |||
08 Oct 1993 | Accession | 06 Jan 1994 | |||
28 Apr 1992 | Accession | 05 May 1992 | |||
05 Dec 2000 | Accession | 05 Mar 2001 | |||
19 Jun 2000 | Accession | 17 Sep 2000 | |||
27 Jan 2003 | Accession | 27 Apr 2003 | |||
16 Aug 1996 | Accession | 14 Nov 1996 | |||
24 Nov 1992 | Accession | 22 Feb 1993 | |||
22 Mar 1989 | 22 Feb 1991 | Ratification | 05 May 1992 | Декларации | |
06 Sep 1995 | Accession | 05 Dec 1995 | |||
31 Aug 1992 | Accession | 29 Nov 1992 | |||
15 Apr 1997 | Accession | 14 Jul 1997 | |||
23 Oct 2006 | Ratification | 21 Jan 2007 | End notes | ||
28 Dec 1995 | Accession | 27 Mar 1996 | |||
13 Mar 1997 | Accession | 11 Jun 1997 | |||
06 Jan 2015 | Accession | 06 Apr 2015 | |||
15 May 1995 | Accession | 13 Aug 1995 | |||
12 Nov 2001 | Accession | 10 Feb 2002 | |||
15 Oct 1996 | Accession | 13 Jan 1997 | |||
22 Mar 1989 | 16 Apr 1993 | Acceptance | 15 Jul 1993 | Декларации End notes |
|
18 Dec 1989 | 20 Dec 1994 | Ratification | 20 Mar 1995 | End notes | |
03 Jun 1997 | Accession | 01 Sep 1997 | |||
17 Jun 1998 | Accession | 15 Sep 1998 | |||
15 Mar 1990 | 13 Mar 1991 | Ratification | 05 May 1992 | ||
22 Mar 1989 | 02 Jul 1990 | Ratification | 05 May 1992 | Декларации | |
08 Feb 1995 | Accession | 09 May 1995 | |||
26 Jul 1994 | Accession | 24 Oct 1994 | |||
08 Sep 2011 | Accession | 07 Dec 2011 | |||
22 Mar 1989 | 22 Feb 1991 | Ratification | 05 May 1992 | ||
01 Sep 1995 | Accession | 30 Nov 1995 | |||
28 Sep 1995 | Accession | 27 Dec 1995 | |||
23 Nov 1993 | Accession | 21 Feb 1994 | |||
22 Mar 1989 | 21 Oct 1993 | Ratification | 19 Jan 1994 | ||
22 Mar 1990 | 20 Mar 1992 | Ratification | 05 May 1992 | Декларации | |
26 Jun 1989 | 26 Jan 1994 | Ratification | 26 Apr 1994 | End notes | |
09 Aug 1995 | Accession | 07 Nov 1995 | |||
28 Feb 1994 | Accession | 29 May 1994 | |||
02 Jul 1998 | Accession | 30 Sep 1998 | |||
27 Feb 1991 | Accession | 05 May 1992 | Декларации | ||
22 Mar 1990 | 31 Jan 1995 | Ratification | 01 May 1995 | Декларации | |
07 Jan 2004 | Accession | 06 Apr 2004 | |||
07 Sep 1994 | Accession | 06 Dec 1994 | Декларации | ||
09 Dec 1993 | Accession | 09 Mar 1994 | |||
02 Dec 1996 | Accession | 02 Mar 1997 | |||
22 Mar 2002 | Accession | 20 Jun 2002 | |||
12 Nov 2013 | Accession | 10 Feb 2014 | |||
22 Mar 1989 | 07 Mar 1990 | Ratification | 05 May 1992 | ||
10 Nov 1992 | Accession | 08 Feb 1993 | |||
18 Apr 2000 | Accession | 17 Jul 2000 | End notes | ||
11 May 1993 | Accession | 09 Aug 1993 | |||
01 Nov 2016 | Accession | 30 Jan 2017 | |||
02 Jan 1996 | Accession | 01 Apr 1996 | Декларации | ||
28 May 1993 | Ratification | 26 Aug 1993 | End notes | ||
07 Oct 1993 | Accession | 05 Jan 1994 | |||
26 Jul 2010 | Accession | 24 Oct 2010 | |||
05 May 1994 | Accession | 03 Aug 1994 | |||
22 Mar 1989 | 07 Feb 1994 | Ratification | 08 May 1994 | Декларации End notes |
|
28 Aug 1992 | Accession | 26 Nov 1992 | |||
02 Jan 2015 | Accession | 02 Apr 2015 | |||
09 Jan 2006 | Accession | 09 Apr 2006 | |||
20 Sep 2011 | Accession | 19 Dec 2011 | |||
22 Mar 1989 | 02 Aug 1991 | Ratification | 05 May 1992 | ||
22 Mar 1989 | 31 Jan 1990 | Ratification | 05 May 1992 | ||
11 Oct 1989 | 22 Jan 1992 | Ratification | 05 May 1992 | ||
30 Jun 2016 | Accession | 28 Sep 2016 | |||
22 Mar 1990 | 24 Nov 1997 | Ratification | 22 Feb 1998 | ||
15 Dec 1997 | Accession | 15 Mar 1998 | |||
16 Jul 1997 | Accession | 14 Oct 1997 | |||
02 Jul 2004 | Accession | 30 Sep 2004 | |||
26 Mar 2010 | Accession | 24 Jun 2010 | |||
18 Feb 1994 | Accession | 19 May 1994 | |||
11 Oct 1995 | Accession | 09 Jan 1996 | |||
22 Mar 1989 | 22 Jun 1994 | Ratification | 20 Sep 1994 | ||
25 Sep 1996 | Accession | 24 Dec 1996 | |||
21 Aug 2020 | Accession | 19 Nov 2020 | |||
11 Mar 1999 | Accession | 09 Jun 1999 | |||
08 Oct 1999 | Accession | 06 Jan 2000 | |||
22 Mar 1989 | 17 Nov 1992 | Ratification | 15 Feb 1993 | ||
06 Oct 1989 | 07 Feb 1994 | Ratification | 08 May 1994 | Декларации End notes |
|
07 Apr 1993 | Accession | 06 Jul 1993 | |||
22 Mar 1989 | 20 Dec 1991 | Ratification | 05 May 1992 | Декларации | |
07 Feb 1996 | Accession | 07 May 1996 | |||
16 Oct 2018 | Accession | 14 Jan 2019 | |||
22 Mar 1989 | 03 Mar 1998 | Ratification | 01 Jun 1998 | Декларации | |
13 Mar 1995 | Accession | 11 Jun 1995 | |||
21 Feb 1996 | Accession | 21 May 1996 | |||
15 Nov 1994 | Accession | 13 Feb 1995 | |||
01 Mar 2012 | Accession | 30 May 2012 | |||
25 Aug 2022 | Accession | 23 Nov 2022 | |||
31 May 2023 | Accession | 29 Aug 2023 |
Не являющиеся Сторонами договора
Party | Подпись | Ratification | Status | Additional information | |
---|---|---|---|---|---|
22 Mar 1989 | Signatory | ||||
22 Mar 1990 | Signatory | End notes |
Declarations
Declaration:The Government of the People’s Democratic Republic of Algeria declares, with regard to article 20, paragraph 2 of the [Convention], that in every case, the agreement of the all parties concerned is necessary to submit a dispute to the International Court of Justice or to arbitration. |
Declaration:The Government of Chile considers that the provisions of this Convention [. . .] help to consolidate and expand the legal regime that Chile has established through various international instruments on the control of transboundary movements of hazardous wastes and their disposal, whose scope of application covers both the continental territory of the Republic and its area of jurisdiction situated south of latitude 60oS, in accordance with the provisions of article 4, paragraph 6, of the present Convention. |
Upon signature:It is the understanding of Colombia that the implementation of the present Convention shall in no case restrict, but rather shall strengthen, the application of the juridical and political principles which, as [was] made clear in the statement [made on 21 March to the Basel Conference], govern the actions taken by the Colombian State in matters covered by the Convention -- in other words, inter alia , the latter may in no case be interpreted or applied in a manner inconsistent with the competence of the Colombian State to apply those principles and other norms of its internal rule to its land area (including the subsoil), air space, territorial sea, submarine continental shelf and exclusive economic maritime zone, in accordance with international law.Upon ratification:The Government of Colombia, pursuant to article 26, paragraph 2, of the [said Convention], declares, for the purposes of implementing this international instrument, that article 81 of the Political Constitution of Colombia prohibits the bringing of nuclear residues and toxic wastes into the national territory. |
Declaration:The Government of the Republic of Cuba declares, with regard to article 20 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, that any disputes between Parties as to the interpreta- tion or application of, or compliance with, this Convention or any protocol thereto, shall be settled through negotiation through the diplomatic channel or submitted to arbitration under the conditions set out in Annex VI on arbitration. |
Declaration made upon signature:"Denmark's signature of the Global Convention of the Control of Transboundary Movements of Hazardous Wastes and their Disposal does not apply to Greenland and the Faroe Islands."30 April 2008Declaration:“Denmark deposited its instrument of approval to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal on 6 February 1994. This instrument did not confirm the territorial exclusion concerning the application of the Convention with respect to Greenland and the Faroe Islands, which had been made upon the signature of the Convention on 22 March 1989. The approval of the Convention in 1994 therefore includes both Greenland and the Faroe Islands.” |
Upon signature:The elements contained in the Convention which has been signed may in no way be interpreted in a manner inconsistent with the domestic legal norms of the Ecuadorian State, or with the exercise of its national sovereignty. |
Declaration in accordance with article 22 (3):“As provided for in the EEC Treaty and in the light of existing Community legislation in the field covered by the Basel Convention, more particularly Council Regulation (EEC) No. 259/93 and Council Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste (as amended), the Community possesses competence at an international level in this field. The Member States of the European Economic Community also have competence at international level, including on certain matters which are covered by the Basel Convention.” |
Declaration:Mindful of the need to adjust the existing national laws and regulations, the provisions of article 3 (1) of this Convention shall only be implemented by Indonesia after the new revised laws and regulations have been enacted and entered into force. |
Declaration made on 30 March 1990 and confirmed upon ratification:The Government of Italy declares . . . that it is in favour of the establishment of a global control system for the environmentally sound management of transboundary movements of hazardous wastes. |
Declaration:The Government of Japan declares that nothing in the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal be interpreted as requiring notice to or consent of any State for the mere passage of hazardous wastes or other wastes on a vessel exercising navigational rights and freedoms, as paragraph 12 of article 4 of the said Convention stipulates that nothing in the Convention shall affect in any way the exercise of navigational rights and freedoms as provided for in international law and as reflected in relevant international instruments. |
Upon signature:"[Lebanon] declares that [it] can under no circumstances permit burial of toxic and other wastes in any of the areas subject to its legal authority which they have entered illegally. In 1988, Lebanon announced a total ban on the import of such wastes and adopted Act No. 64/88 of 12 August 1988 to that end. In all such situations, Lebanon will endeavour to co-operate with the States concerned, and with the other States parties, in accordance with the provisions of this treaty." |
Declaration made upon signature and confirmed upon ratification:Mexico is signing ad referendum the Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and their disposal because it duly protects its rights as a coastal State in the areas subject to its national jurisdiction, including the territorial sea, the exclusive economic zone and the continental shelf and, in so far as it is relevant, its airspace, and the exercise in those areas of its legislative and administrative competence in relation to the protection and preservation of the environment, as recognized by international law and, in particular, the law of the sea.Mexico considers that, by means of this Convention, important progress has been made in protection of the environment through the legal regulation of transboundary movements of hazardous wastes. A framework of general obligations for States parties has been established, fundamentally with a view to reducing to a minimum the generation and transboundary movement of dangerous wastes and ensuring their environmentally rational management, promoting international co-operation for those purposes, establishing co-ordination and follow-up machinery and regulating the implementation of procedures for the peaceful settlement of disputes.Mexico further hopes that, as an essential supplement to the standard-setting character of the Convention, a protocol will be adopted as soon as possible, establishing, in accordance with the principles and provisions of international law, appropriate procedures in the matter of responsibility and compensation for damage resulting from the transboundary movement and management of dangerous wastes. |
17 February 2010Declaration:“The Kingdom of the Netherlands declares, in accordance with paragraph 3 of Article 20 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.” |
"Norway accepts the binding means of settling disputes set out in Article 20, paragraphs 3 ( a ) and ( b ), of the Convention, by ( a ) submission of the dispute to the International Court of Justice and/or ( b ) arbitration in accordance with the procedures set out in Annex VI." |
Declaration:With respect to article 20, paragraph 2, of the Convention, the Polish Republic declares that it recognizes submission to arbitration in accordance with the procedures and under the conditions set out in Annex VI to the Convention, as compulsory ipso facto . |
Declaration:In conformity with article 26, paragraph 2, of the Convention, Romania declares that the import and the disposal on its national territory of hazardous wastes and other wastes can take place only with the prior approval of the competent Romanian authorities. |
Understanding:The definition of "Territory" in the Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes (UNEP Governing Council decision 14/30 of 17 June 1987) to which reference is made in the preamble to the Convention is a special formulation and cannot be used for purposes of interpreting the present Convention or any of its provisions in the light of article 31, paragraph 2, or article 32 of the 1969 Vienna Convention on the Law of Treaties or on any other basis. |
Declaration:"With respect to article 20, paragraph 2 of the Convention, the Government of Saint Kitts and Nevis declares that it recognizes submission to arbitration in accordance with the procedures and the conditions set out in Annex VI to the Convention, as compulsory ipso facto ." |
Declaration:"The Government of Singapore declares that, in accordance with article 4 (12), the provisions of the Convention do not in any way affect the exercise of navigational rights and freedoms as provided in international law. Accordingly, nothing in this Convention requires notice to or consent of any State for the passage of a vessel under the flag of a party, exercising rights of passage through the territorial sea or freedom of navigation in an exclusive economic zone under international law." |
Declaration:The Spanish Government declares, in accordance with article 26.2 of the Convention, that the criminal characterization of illegal traffic in hazardous wastes or other wastes, established as an obligation of States Parties under article 4.3, will in future take place within the general framework of reform of the substantive criminal legal order. |
Declaration made upon signature and confirmed upon ratifica- tion:"The Government of the United Kingdom of Great Britain and Northern Ireland declare that, in accordance with article 4 (12), the provisions of the Convention do not affect in any way the exercise of navigational rights and freedoms as provided for in international law. Accordingly, nothing in this Convention requires notice to or consent of any state for the passage of hazardous wastes on a vessel under the flag of a party, exercising rights of passage through the territorial sea or freedom of navigation in an exclusive economic zone under international law." |
Upon signature:Uruguay is signing ad referendum the Convention on the Control of the Transboundary Movements of Hazardous Wastes and their Disposal because it is duly protecting its rights as a riparian State in the areas subject to its national jurisdiction, including the territorial sea, the exclusive economic zone and the continental shelf and, as appropriate, the superjacent air space as well as the exercise in such areas of its standard-setting and administrative competence in connection with the protection and preservation of the environment as recognized by international law and, in particular, by the law of the sea. |
Upon signature:Venezuela considers that the Convention [as] adopted properly protects its sovereign rights as a riparian State over the areas under its national jurisdiction, including its territorial sea, exclusive economic zone and continental shelf, and, as appropriate, its air space. The Convention also safeguards the exercise in such areas of its standard-setting and administrative jurisdiction for the purpose of protecting and preserving the environment and its natural resources in accordance with international law, and in particular the law of the sea. |
Objections
The Government of Italy, in expressing its objections vis-à-vis the declarations made, upon signature, by the Governments of Colombia, Ecuador, Mexico, Uruguay and Venezuela, as well as other declarations of similar tenor that might be made in the future, considers that no provision of this Convention should be interpreted as restricting navigational rights recognized by international law. Consequently, a State party is not obliged to notify any other State or obtain authorization from it for simple passage through the territorial sea or the exercise of freedom of navigation in the exclusive economic zone by a vessel showing its flag and carrying a cargo of hazardous wastes. |
End Notes
On 28 June 1999, the Government of Portugal informed the Secretary-General the the Convention would also apply to Macau. Subsequently, on 9 and 15 December 1999, the Secretary-General received communications concerning the status of Macau from the Governments of the Portugal and China (see also note 3 under "China" and note 1 under "Portugal” regarding Macao in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Macao, China notified the Secretary-General that the Convention with the will also apply to the Macao Special Administrative Region. On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China (see also note 2 under "China" and note 2 under "United Kingdom of Great Britain and Northern Ireland" regarding Hong Kong in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention will also apply to the Hong Kong Special Administrative Region. |
Czechoslovakia had acceded to the Convention on 24 July 1991. See note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume. |
On 31 January 1995, the Government of Egypt informed the Secretary-General that its instrument of accession should have been accompanied by the following declarations: First declaration: passage of ships carrying hazardous wastes through the Egyptian territorial sea: The Arab Republic of Egypt, upon acceding to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, which was done on 22 March 1989 and is referred to hereafter as "the Convention", and, in accordance with article 26 of the Convention, declares that: In accordance with the provisions of the Convention and the rules of international law regarding the sovereign right of the State over its territorial sea and its obligation to protect and preserve the marine environment, since the passage of foreign ships carrying hazardous or other wastes entails many risks which constitute a fundamental threat to human health and the environment; and In conformity with Egypt's position on the passage of ships carrying inherently dangerous or noxious substances through its territorial sea (United Nations Convention on the Law of the Sea, 1983), the Government of the Arab Republic of Egypt declares that 1. Foreign ships carrying hazardous or other wastes will be required to obtain prior permission from the Egyptian authorities for passage through its territorial sea. 2. Prior notification must be given of the movement of any hazardous wastes through areas under its national jurisdiction, in accordance with article 2, paragraph 9, of the Convention. Second declaration: imposition of a complete ban on the import of hazardous wastes: The Arab Republic of Egypt, upon acceding to the Basel Convention on the Control of Transboundary Movements of HazardousWastes and their Disposal, which was signed on 22 March 1989 and is referred to below as "the Convention", and In accordance with article 26 of the Convention, declares that: In accordance with its sovereign rights and with article 4, paragraph 1( a ), of the Convention, a complete ban is imposed on the import of all hazardous or other wastes and on their disposal on the territory of the Arab Republic of Egypt. This confirms Egypt's position that the transportation of such wastes constitutes a fundamental threat to the health of people, animals and plants and to the environment. Third declaration: The Governments of Bahrain, Belgium, Benin, Côte d'Ivoire, Denmark, Egypt, the Federal Republic of Germany, Finland, France, the German Democratic Republic, Ghana, Greece, Hungary, Italy, Jordan, Kenya, Kuwait, Lebanon, Luxembourg, Malaysia, Malta, Namibia, Netherlands, Niger, Norway, the Philippines, Portugal, Saudi Arabia, Senegal,Sweden, Switzerland, Turkey, the United Arab Emirates and the United Kingdom of Great Britain and Northern Ireland. Sweden, Switzerland, Turkey, the United Arab Emirates and the United Kingdom of Great Britain and Northern Ireland, as well as the Commission of the European Union, which will sign the Convention and/or the final document referring to the Control of Transboundary Movements of Hazardous Wastes and their Disposal (referred to hereinafter as "the Convention"), Concerned that the transboundary movement of hazardous wastes constitutes a great danger to the health of both humans and the environment, Considering that the developing countries have a limited ability to manage wastes, especially hazardous wastes, in an environmentally sound manner, Believing that a reduction in the production of hazardous wastes and their disposal in environmentally sound conditions in the country which exports them must be the goal of waste management policy, Convinced that the gradual cessation of transboundary movements of hazardous wastes will undoubtedly be a major incentive to the development of appropriate national facilities for the disposal of wastes, Recognizing the right of every State to bane import to or export from its territory of hazardous wastes, Welcoming the signature of the Convention, Believing it necessary, before applying the provisions of the Convention, to impose immediate and effective control on transboundary movement operations, especially to developing countries, and to reduce them, Declare the following: 1. The signatories to this Convention affirm their strong determination that wastes should be disposed of in the country of production. 2. The signatories to this Convention request States which accede to the Convention to do so, by making every possible effort to effect a gradual cessation of the import and export of wastes for reasons other than their disposal in facilities which will be set up within the framework of regional cooperation. 3. The signatories to this Convention will not permit wastes to be imported to or exported from countries deficient in the technical, administrative and legal expertise in administering wastes and disposing of them in an environmentally sound manner. 4. The signatories to this Convention affirm the importance of assistance to develop appropriate facilities intended for the final disposal of wastes produced by countries referred to in paragraph 3 above. 5. The signatories to this Convention stress the need to take effective measures within the framework of the Convention to enable wastes to be reduced to the lowest possible level and to be recycled. Note: Belgium considers that its declaration does not prejudice the import to its territory of wastes classified as primary or secondary materials. These declarations were not transmitted to the Secretary-General at the time the instrument of accession. In keeping with the depositary practice followed in similar cases, the Secretary-General proposed to receive the declarations in question for deposit in the absence of any objection on the part of any of the Contracting States, either to the deposit itself or tothe procedure envisaged, within a period of 90 days from the date of their circulation (i.e., 17 July 1995). In this connexion, the Secretary-General received the following objections on the dates indicated hereinafter: United Kingdom of Great Britain and Northern Ireland (9 October 1995): "The Government of the United Kingdom of Great Britain and Northern Ireland cannot accept the first declaration of Egypt (passage of ships carrying hazardous wastes through the Egyptian territorial sea) [...]. Not only was this declaration out of time, but like all other declarations to similar effect, it is unacceptable in substance. In this connection the United Kingdom Government recalls its own statement upon signature confirmed upon ratification: [For the text of the statement, see under "Reservations and Declarations".] Finland (13 October 1995): ... "In the view of the Government of Finland the declarations of Egypt raise certain legal questions. Article 26.1 of the Basel Convention prohibits any reservation or exception to the Convention. However, according to article 26.2 a State can, when acceding to the Convention, make declarationsor statements `with a view, inter alia , to the harmonization of its laws and regulations with the provisions of this Convention ...'. Without taking any stand to the content of the declarations, which appear to be reservations in nature, the Government of Finland refers to article 26.2 of the Basel Convention and notes that the declarations of Egypt have been made too late. For this reason the Government of Finland objects to the declarations and considers them devoid of legal effect." Italy (13 October 1995) : ... The Italian Government objects to the deposit of the aforementioned declarations since, in its opinion, they should be considered as reservations to the Basel Convention and the possibility of making reservations is excluded under article 26, paragraph 1, of the Convention. In any event, article 26, paragraph 2, stipulates that a State may, within certain limits, formulate declarations only “when signing, ratifying, accepting, approving, ... confirming or acceding to this Convention”. For these reasons, the deposit of the aforementioned declarations cannot be allowed, regardless of their content. Netherlands (13 October 1995): "While the second and the third declarations do not call for observations by the Kingdom, the first declaration establishing the requirement of prior permission for passage through the Egyptian territorial sea is not acceptable. The Kingdom of the Netherlands considers the first declaration to be a reservation to the (Basel) Convention. The Convention explicitly prohibits the making of reservations in article 26 par. 1. Moreover, this reservation has been made two years after the accession of Egypt to the (Basel) Convention, and therefore too late. Consequently the Kingdom of the Netherlands considers the declaration on the requirement of prior permission for passage through the territorial sea made by Egypt a reservation which is null and void." Sweden (16 October 1995): "The Government of Sweden cannot accept the declarations made by the Government of Egypt [...]. First, these declarations were made almost two years after the accession by Egypt contrary to the rule laid down in article 26, paragraph 2 of the Basel Convention. Second, the content of the first of these declarations must be understood to constitute a reservation to the Convention, whereas the Basel Convention explicitly prohibits reservations (article 26, paragraph 1). Thus, the Government of Sweden considers these declarations null and void." In view of the above and in keeping with the depositary practice followed in such cases, the Secretary-general has taken the view that he is not in a position to accept these declarations for deposit. |
The German Democratic Republic had signed the Convention on 19 March 1990. See also note 2 under “Germany” in the “Historical Information” section in the front matter of this volume. |
See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume. |
For the Kingdom in Europe. |
With a declaration of non-application to Tokelau "until the date of notification by the Government of New Zealand that the Convention shall so extend to Tokelau". |
On 28 June 1999, the Government of Portugal informed the Secretary-General the the Convention would also apply to Macau. Subsequently, on 9 and 15 December 1999, the Secretary-General received communications concerning the status of Macau from the Governments of the Portugal and China (see also note 3 under "China" and note 1 under "Portugal” regarding Macao in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Macao, China notified the Secretary-General that the Convention with the will also apply to the Macao Special Administrative Region. |
See note 1 under "former Yugoslavia" and note 1 under "Yugoslavia" in the "Historical Information" section in the front matter of this volume. |
Czechoslovakia had acceded to the Convention on 24 July 1991. See note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume. |
In respect of the United Kingdom of Great Britain and Northern Ireland and the British Antarctic Territory. Subsequently, on 30 October 1995, the Government of the the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention shall apply to Hong Kong, being a territory for whose international relations the Government of the United Kingdom is responsible. On 6 July 2001, the Secretary-general received from the Government of Argentina, the following communication: Following the notification by the Environment Agency of the United Kingdom of Great Britain and Northern Ireland of the possible transit of a cargo of hazardous wastes, the Government of Argentina rejected the British attempt to apply the above-mentioned Convention to the Malvinas Islands, South Georgia and South Sandwich Islands, as well as to the surrounding maritime spaces and to the Argentine Antarctic Sector. The Argentine Republic reaffirms its sovereignty over the Malvinas Islands, South Georgia and South Sandwich Islands and the surrounding maritime spaces and rejects any British attempt to apply the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 22 March 1989 to the said Territories and maritime spaces. It also wishes to recall that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, which recognize the existence of a dispute over sovereignty and request the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the pending problems between both countries, including all aspects on the future of the Malvinas Islands, in accordance with the Charter of the United Nations. Further, on 12 December 2001, the Government of the United Kingdom of Great Britain and North Ireland informed the Secretary-General that “the Convention shall extend to the Isle of Man for whose international relations the Government of the United Kingdom is responsible” (on 27 November 2002: designation of authority: Department of Local Government and the Environment, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF). On 27 November 2002: on behalf of the Bailiwick of Guernsey. (designation of authority: “Board of Health, David Hughes, Chief Executive, States of Guernsey Board of Health, John Henry House, Le Vauquiedor, St Martin’s, Guernsey, GY4 6UU). On 6 September 2006: in respect of Akrotiri and Dhekelia. "In accordance with Article 5 paragraph 2 of the Convention, the competent authorities designated by the United Kingdom for the Sovereign Base Areas of Dhekelia and Akrotiri are: Sovereign Base Areas: Competent Authority for the Western Sovereign Base Area: Area Officer (Mr Kyprianos Matheou), Area Office, Akrotiri, BFPO 57 (telephone 00357 2527 7290). Competent Authoriy for Eastern Sovereign Base Area: Area Officer (Mr Christakis Athanasiou), Area Office, Dhekelia, BFPO 58 (telephone 00357 2474 4558). British Forces Cyprus: Competent Authority: Defence Estates Support Manager (Mr P Pashas), Block D, Headquarters, British Forces Cyprus, Episkopi, BFPO 53 (telephone 00357 2596 2329). The Secretary of State for Environment, Food and Rural Affairs, United Kingdom, is the focal point for the purposes of Article 5 of the Convention." On 14 September 2007, the Government of the United Kingdom of Great Britainand Northern Ireland informed the Secretary-General that it "wishes the United Kingdom's ratification of the Convention ... to be extended to Jersey for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal ... to Jersey to take effect from the date of deposit of this notification , ... ." "In accordance with Article 5, paragraph 2 of the Convention, the competent authorities designated by the United Kingdom for Jersey are: Minister for Planning and Environment: Assistant Director, Environmental Protection, Howard Davis Farm, La Rue de la Trinite, Trinity, Jersey JE3 5JP." On 11 April 2013: "… the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom’s ratification of the Convention as amended be extended to the territory of Gibraltar for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Convention as amended to Gibraltar to take effect on the ninetieth day after the date of deposit of this notification ..." On 6 May 2015: In accordance with Article 5 paragraph 2 of the Convention, the Government of the United Kingdom declares that for the Isle of Man the competent authority shall be: Department of Environment, Food and Agriculture The Slieau Whallian Foxdale Road St Johns Isle of Man IM4 3AS On 1 November 2013, the Secretary-General received from the Government of Spain the following communication with regard to the Territorial Application by the United Kingdom of Great Britain and Northern Ireland to Gibraltar: 1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly. 2. The Gibraltarian authorities are local in character, and exercise competences exclusively over internal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory. 3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Convention shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs. 4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in the context of Mixed Agreements, which was agreed by Spain and the United Kingdom on 19 December 2007 (together with "Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties" of 19 April 2000) applies to the present Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel, 22 March 1989) and to the Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and theirDisposal (Geneva, 22 September 1995). 5. The implementation of the present Convention and the Amendment thereto in Gibraltar cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain. |
On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China (see also note 2 under "China" and note 2 under "United Kingdom of Great Britain and Northern Ireland" regarding Hong Kong in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention will also apply to the Hong Kong Special Administrative Region. In respect of the United Kingdom of Great Britain and Northern Ireland and the British Antarctic Territory. Subsequently, on 30 October 1995, the Government of the the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Convention shall apply to Hong Kong, being a territory for whose international relations the Government of the United Kingdom is responsible. On 6 July 2001, the Secretary-general received from the Government of Argentina, the following communication: Following the notification by the Environment Agency of the United Kingdom of Great Britain and Northern Ireland of the possible transit of a cargo of hazardous wastes, the Government of Argentina rejected the British attempt to apply the above-mentioned Convention to the Malvinas Islands, South Georgia and South Sandwich Islands, as well as to the surrounding maritime spaces and to the Argentine Antarctic Sector. The Argentine Republic reaffirms its sovereignty over the Malvinas Islands, South Georgia and South Sandwich Islands and the surrounding maritime spaces and rejects any British attempt to apply the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal of 22 March 1989 to the said Territories and maritime spaces. It also wishes to recall that the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, which recognize the existence of a dispute over sovereignty and request the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to initiate negotiations with a view to finding the means to resolve peacefully and definitively the pending problems between both countries, including all aspects on the future of the Malvinas Islands, in accordance with the Charter of the United Nations. Further, on 12 December 2001, the Government of the United Kingdom of Great Britain and North Ireland informed the Secretary-General that “the Convention shall extend to the Isle of Man for whose international relations the Government of the United Kingdom is responsible” (on 27 November 2002: designation of authority: Department of Local Government and the Environment, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF). On 27 November 2002: on behalf of the Bailiwick of Guernsey. (designation of authority: “Board of Health, David Hughes, Chief Executive, States of Guernsey Board of Health, John Henry House, Le Vauquiedor, St Martin’s, Guernsey, GY4 6UU). On 6 September 2006: in respect of Akrotiri and Dhekelia. "In accordance with Article 5 paragraph 2 of the Convention, the competent authorities designated by the United Kingdom for the Sovereign Base Areas of Dhekelia and Akrotiri are: Sovereign Base Areas: Competent Authority for the Western Sovereign Base Area: Area Officer (Mr Kyprianos Matheou), Area Office, Akrotiri, BFPO 57 (telephone 00357 2527 7290). Competent Authoriy for Eastern Sovereign Base Area: Area Officer (Mr Christakis Athanasiou), Area Office, Dhekelia, BFPO 58 (telephone 00357 2474 4558). British Forces Cyprus: Competent Authority: Defence Estates Support Manager (Mr P Pashas), Block D, Headquarters, British Forces Cyprus, Episkopi, BFPO 53 (telephone 00357 2596 2329). The Secretary of State for Environment, Food and Rural Affairs, United Kingdom, is the focal point for the purposes of Article 5 of the Convention." On 14 September 2007, the Government of the United Kingdom of Great Britainand Northern Ireland informed the Secretary-General that it "wishes the United Kingdom's ratification of the Convention ... to be extended to Jersey for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal ... to Jersey to take effect from the date of deposit of this notification , ... ." "In accordance with Article 5, paragraph 2 of the Convention, the competent authorities designated by the United Kingdom for Jersey are: Minister for Planning and Environment: Assistant Director, Environmental Protection, Howard Davis Farm, La Rue de la Trinite, Trinity, Jersey JE3 5JP." On 11 April 2013: "… the Government of the United Kingdom of Great Britain and Northern Ireland wishes the United Kingdom’s ratification of the Convention as amended be extended to the territory of Gibraltar for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the aforesaid Convention as amended to Gibraltar to take effect on the ninetieth day after the date of deposit of this notification ..." On 6 May 2015: In accordance with Article 5 paragraph 2 of the Convention, the Government of the United Kingdom declares that for the Isle of Man the competent authority shall be: Department of Environment, Food and Agriculture The Slieau Whallian Foxdale Road St Johns Isle of Man IM4 3AS |
On 13 March 1996, the Secretary-General received from the Government of the United States of America, the following communication: "(1) It is the understanding of the United States of America that, as the Convention does not apply to vessels and aircraft that are entitled to sovereign immunity under international law, in particular to any warship, naval auxiliary, and other vessels or aircraft owned or operated by a State and in use on government, non-commercial service, each State shall ensure that such vessels or aircraft act in a manner consistent with this Convention, so far as is practicable and reasonable, by adopting appropriate measures that do not impair the operations or operational capabilities of sovereign immune vessels. (2) It is the understanding of the United States of America that a State is a `Transit State' within the meaning of the Convention only if wastes are moved, or are planned to be moved, through its inland waterways, inland waters, or land territory. (3) It is the understanding of the United States of America that an exporting State may decide that it lacks the capacity to dispose of wastes in an `environmentally sound and efficient manner' if disposal in the importing country would be both environmentally sound and economically efficient. (4) It is the understanding of the United States of America that article 9 (2) does not create obligations for the exporting State with regard to cleanup, beyond taking such wastes back or otherwise disposing of them in accordance with the Convention. Further obligations may be determined by the parties pursuant to article 12. Further, at the time the United States of America deposits its instrument of ratification of the Basel Convention, the United States will formally object to the declaration of any State which asserts the right to require its prior permission or authorization for the passage of vessels transporting hazardous wastes while exercising, under international law, its right of innocent passage through the territorial sea or freedom of navigation in an exclusive economic zone." |