Controlling transboundary transport and disposal of hazardous wastes

Basic features of the legal instrument and the international organisation

 Basic data

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

INTERNATIONAL

* adoption: 22 March 1989

* venue: Basel (Switzerland)

* entry into force: 5 May 1992

* organisation: UNEP

* depository: UN Secretary General

HUNGARIAN

* signature: 22 March 1989

* ratification/approval: 21 May 1990

* entry into force: 5 May 1992

 General objectives

The objective of the Convention is to reduce the generation of hazardous and other wastes to the minimum possible and to build and operate adequate disposal facilities for their treatment, preferably installed in the territory of the state concerned [§.4/2a,b]. A further objective is the prevention of pollution from handling such wastes, and in the event of such pollution, the adverse impacts should be reduced to the minimum possible. Parties ensure that the quantity of such wastes transported across the state border shall be the minimum possible and eventual harmful impacts should not threaten human health and the environment [§.4/2d]. Parties shall ban the export of hazardous or other wastes to a state or to any group of states belonging to an economic and/or politi-cal integration organisation that is Party to the Convention which prohibits the import of wastes or if it has good reason to believe that the exported waste would not be managed in an environmentally sound manner [§.4/2e]; in the latter case, all Parties shall also prevent the import of such wastes [§.4/2g].

 Concrete commitments

In accordance with the Convention, each Party shall:

• inform the Secretariat of wastes which were considered or defined as hazardous in the framework of national legislation within six months of signing the Convention and provide information on requirements applicable for transboundary movement of such wastes [§.3/1];

• inform other Parties if it prohibits the import of hazardous wastes for disposal, [§.4/1a]; prohibit the export of hazardous wastes to Contracting Party states which prohibit the import of such

• provide appropriate information on the movement, transboundary transport, and disposal of such wastes to concerned states (Appendices V."A", V."B") [§.4/2f, 7c];

• regard the illegal traffic of hazardous wastes as a criminal act [§.4/3], and take measures to enforce the provisions of the Convention, including prevention of and sanctions against violations [§.4/4];

• prohibit all persons under its national jurisdiction having no specific authorisation or license from transporting or disposing hazardous wastes [§.4/7a] and require that such wastes to be moved across boundaries be packed, labelled, and transported in conformity with generally accepted international rules and standards [§.4/7b];

• approve the export of hazardous wastes only there are no means of disposing it in an environmentally sound manner or if the waste concerned is required as a raw material in the importing state [§.4/9];

• handle hazardous wastes generated in its state in an environmentally sound manner and avoid the transfer of such wastes to other states [§.4/10];

• designate or establish a Competent Authority and a Focal Point [§.5/1];

• ensure that exported hazardous wastes shall be taken back if the transboundary movement of the waste cannot be completed in accordance with the terms of the relevant contract and alternative arrangements cannot be made; the re-export shall not be opposed either by the exporter state or by any other Party on the transit route [§.8];

• provide appropriate national legislation for preventing and sanctioning the illegal traffic of wastes [§.9/5].

 Specific provisions applying to Hungary

Numerous states have completely or partially banned the import of hazardous wastes. Waste can be imported into Hungary only for operating licensed recycling processes.

According to the Hungarian position, the international traffic of hazardous wastes should be reduced to the reasonable minimum level; however, properly controlled traffic of wastes treated by environmentally sound methods which assist the economy and save natural resources is allowable and might even be environmentally advantageous. The Hungarian Party is basically in agreement with the rights and liabilities of individual states also in this respect, and recognises the sovereign right of individual states to restrict the traffic of wastes in its territory.

 Financial and facilitating mechanisms

The measure of contributions to the Convention’s Operating Trust Fund is defined in proportion with the UN contributions. A Technical Assistance Fund was also established to support

The co-ordination and administrative tasks of the Convention are performed by the Bureau and the Secretariat (functioning in the framework of UNEP). The task of the Open Ended Ad-hoc Committee of the Convention is to carry out the professional-political co-ordination of documents for the next session. The implementation of the Convention is assisted by the Technical Working Group and the Institutional-Legal Working Group. The Central-European Regional Centre of the Convention began to prepare for its operation in Bratislava in 1995, which assists implementation in the region by technology transfer and training.

Adoption and implementation of the legal instrument in Hungary

 Adoption

The minister for environment protection signed the Convention in Geneva on 22 March 1989 on behalf of Hungary. The ratification document was deposited with the UN Secretary General on 21 May 1990.

 Implementation of the general objectives in Hungary

Several statutes ensure the framework for implementing the Convention in Hungary:

Governmental Decree 56/1981 (XI.18.) MT on controlling the generation of hazardous wastes and activities related to their disposal; Governmental Decree 112/1990 (XII.23.) Korm on the export and import of goods, services and rights representing material assets; Governmental Decree 55/1987 (X.30.) MT on import of certain materials that posse a threat to the human environment.

 Implementation of the concrete tasks in Hungary

Since the date of entry into force of the Convention, the concrete tasks specified in the Convention are performed in Hungary. The preparation of statutes promulgating the Convention and determining the means of its implementation is progress. Until these shall take effect, the above mentioned statutes provide for the partial performance of tasks (Kr-112, 1990; MTr-55, 1987; Mtr-56, 1981). In hazardous waste export-import issues, the provisions of the Convention are taken into consideration in the course of licensing; the prescribed information and notification were provided to the Secretariat.

 Contribution to the financial funds

Hungary’s contribution to the Trust Fund: USD 5998 for 1995, USD 4654 for 1996, USD 5536 for 1997 and USD 5702 for 1998. Hungary is not in default with its payments. Hungary made one contribution to the fund supporting developing countries.

 Participation in international programmes

Hungary is party to numerous bilateral and multilateral co-operation, assistance agreements (Switzerland, Denmark, Japan, USA, PHARE, etc.) which are partially directed to implementing the Convention.

 Hungarian participation in the international organisation

Based on the resolution taken by the last session of the Conference of Parties, one of the vice-presidential posts of the Convention’s Bureau is due to Hungary for the forthcoming period: at that conference, the tasks related to this office were performed by Csaba Markó (MERP). A Hungarian expert, Dr. Gyula Bándi, was also invited to contribute to the work of the Working Party dealing with the institutional and legal issues.

 Co-ordination in Hungary

The responsibility for co-ordination of implementation of the national commitments under this legal instrument, as well as preparation and presentation of the Hungarian position at international negotiations lies, with the MERP (Annex D). The Focal Point according to the Convention is the Agency for Environment Protection of MERP; the Competent Authority is the Inspectorate for Environment Protection of MERP.

Legal instruments, references

#MTr-56, 1981: Decree 56/1981 (XI.18.) MT on controlling the treatment of hazardous wastes and activities connected with their disposal

#MTr-55, 1987: Decree 55/1987 (X.30.) MT on the import from abroad of certain substances presenting danger to the human environment

#Kr-112, 1990: Decree 112/1990 (XII.23.) Korm. on the export and import of goods, services and rights representing material values

Bándi Gy., T. Faragó, H. A. Lakos, 1994: International conventions on environment protection and nature conservation (in Hungarian; Nemzetközi környezetvédelmi és természetvédelmi egyezmények). Ministry for Environment and Regional Policy, Budapest, pp. 45-46

Lakosné H. A. (Ed.), 1989: Conventions with Hungarian participation: environment protection. (in Hungarian; Magyar részvételû nemzetközi egyezmények: környezetvédelem). Ministry for Environment and Water Management, Budapest, pp. 135-204

III.3. Assessment of the transboundary