On the accession of the Republic of Kazakhstan to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Home / RLA / On the accession of the Republic of Kazakhstan to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Law of the Republic of Kazakhstan dated February 10, 2003 No. 389

The Republic of Kazakhstan to accede to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done in Basel on March 22, 1989.

 President of the Republic of Kazakhstan

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

The preamble

The Parties to this Convention, taking into account the risk of damage to human health and the environment by hazardous and other wastes and their transboundary movement, aware of the growing threat to human health and the environment as a result of the increased production and transboundary movement of hazardous and other wastes and their complex nature, also aware that the most effective way to protect human health and the environment from the threat The purpose of such waste is to minimize its production in terms of quantity and/or its hazardous potential., Convinced that States should take the necessary measures to ensure that the use of hazardous and other wastes, including their transboundary movement and disposal, is compatible with the protection of human health and the environment, regardless of the location of their disposal, noting that States should ensure that the producer fulfills obligations with respect to the transport and disposal of hazardous and other waste in a manner compatible with environmental protection, regardless of the disposal site, fully recognizing, That each State has the sovereign right to prohibit the import or disposal of hazardous wastes and other wastes from another State on its territory, Recognizing also the growing desire to prohibit the transboundary movement of hazardous wastes and their disposal in other States, especially in developing countries, convinced that, to the extent appropriate for their environmentally sound and efficient use, hazardous and other wastes should be disposed of in the State where these wastes were produced, being aware also, That transboundary movements of such wastes from the State of their production to any other State should be permitted only if they are carried out in conditions that do not pose a threat to human health and the environment, and in accordance with the provisions of this Convention, considering that increased control over transboundary movements of hazardous and other wastes will encourage their environmentally sound use and reduction the volume of such cross-border transport, being convinced that, That States should take measures to ensure the proper exchange of information on the transboundary movement of hazardous and other wastes during export from or import into these States and the control of such transport, noting that a number of international and regional agreements address the issue of environmental protection and conservation in connection with the transit of dangerous goods, taking into account the Declaration United Nations Conference on the Environment (Stockholm, 1972), The Cairo Guidelines and Principles on the Environmentally Sound Management of Hazardous Wastes, adopted by the Governing Council of the United Nations Environment Programme (UNEP) in decision 14/30 of 17 June 1987, recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods (formulated in 1957 and updated every two years), relevant recommendations, declarations, documents and rules adopted within the United Nations system, as well as work and research conducted in other international and regional organizations, Bearing in mind the spirit, principles, goals and objectives of the World Charter of Nature, adopted at the thirty-seventh session of the United Nations General Assembly (1982) as rules of conduct for the protection of the environment and the conservation of natural resources, reaffirming that States are responsible for fulfilling their international obligations with regard to human health and the protection and preservation of the environment environment and bear responsibility in accordance with international law, recognizing, That in the event of a significant violation of the provisions of this Convention or any protocol thereto, the relevant provisions of international treaty law shall apply, taking into account the need to continue to develop and implement environmentally sound low-waste technologies, recycling methods, efficient administrative and economic systems and waste management in order to minimize the production of hazardous and other wastes, Bearing in mind also the growing concern of the international community regarding the need to strengthen control over the transboundary movement of hazardous wastes and other wastes, as well as the need to minimize such movement as much as possible, concerned about the problem of illegal transboundary movement of hazardous wastes and other wastes, taking into account the limited capacity of developing countries to manage hazardous wastes and other wastes, recognizing the need to expand technology transfer, especially to developing countries, for the sound management of domestically produced hazardous and other wastes in the spirit of the Cairo Guidelines and decision 14/16 of the UNEP Governing Council on enhanced transfer of environmental technology, recognizing also that hazardous and other wastes should be transported in accordance with relevant international conventions and recommendations, convinced also that the transboundary movement of hazardous and other wastes It should be allowed only when the transportation and final disposal of such waste is carried out in an environmentally sound manner., and being determined to protect human health and the environment from the harmful effects that may be caused by the production and use of hazardous and other waste through strict control, we agreed on the following:

Article 1 Scope of the Convention

1. For the purposes of this Convention, "hazardous wastes" are considered to be the following wastes that are objects of transboundary movement: (a) Wastes falling into any category listed in annex I, unless they possess any of the properties listed in annex III, and (b) wastes that are not covered by paragraph (a) but that are identified or considered hazardous in accordance with the domestic legislation of the exporting, importing or transit State. A side. 2. Wastes belonging to any category specified in annex II that are subject to transboundary movement are considered, for the purposes of this Convention, "other wastes". 3. Wastes that, by virtue of their radioactivity, are subject to other international control systems, including international agreements specifically applicable to radioactive materials, are excluded from the scope of this Convention. 4. Wastes resulting from the normal operation of marine vessels, the discharge of which is covered by other international legal instruments, are excluded from the scope of this Convention.

Article 2 Definitions

For the purposes of this Convention: 1. "Waste" means substances or objects that are disposed of, intended for disposal, or are to be disposed of in accordance with the provisions of national legislation; 2. "use" means the collection, transportation, and disposal of hazardous or other wastes, including subsequent monitoring of disposal sites; 3. "Transboundary movement" means any movement of hazardous or other wastes from an area under the national jurisdiction of one State to or through an area under the national jurisdiction of another State, or to or through an area not under the national jurisdiction of any State, provided that such movement affects at least 4. "Disposal" means any operation defined in Annex IV to this Convention; 5. "Authorized places or facilities" means places or facilities for the disposal of hazardous or other wastes, for which a permit or license has been obtained from the relevant authority of the State in whose territory such places or facilities are located; 6. "competent authority" means a public authority designated by a Party to be responsible, within such geographical areas as the Party may deem appropriate, for receiving notification of a transboundary movement of hazardous or other wastes and any information related thereto and for providing a response to such notification in accordance with Article 6; 7. "dedicated "center" means the legal entity of the Party referred to in Article 5 responsible for receiving and providing information, as provided for in Articles 13 and 15; 8. "Environmentally sound management of hazardous or other wastes" means taking all practicable measures to ensure that, when using hazardous or other wastes, human health and the environment are protected from the possible negative effects of such wastes; 9. "Area" under the national jurisdiction of a State" means any area of land and sea or airspace, within which the State, in accordance with international law, bears administrative and regulatory responsibility for the protection of human health and the environment; 10. "State of export" means any Party from which a transboundary movement of hazardous or other wastes is planned or initiated; 11. "State of import" means a Party to which hazardous or other wastes are planned or transported for the purpose of disposal or for the purpose of loading prior to disposal in an area beyond the jurisdiction of any State. 12. "Transit State" means any State, other than a State of export or import, through which the transportation of hazardous or other wastes is planned or carried out; 13. "Interested States" means Parties that are States of export or import or States of transit, regardless of whether they are Parties or not; 14. "person" means any natural or legal person; 15. "exporter" means any person under the jurisdiction of the exporting State who organizes the export of hazardous or other wastes; 16. "importer" means any person under the jurisdiction of the importing State who organizes the import of hazardous or other wastes; 17. "carrier" means any person who transports hazardous or other wastes; 18. "producer" means any person whose activities lead to the formation of hazardous or other wastes, or, if this person is unknown, the person who owns and/or controls these wastes; 19. "the person who disposal officer" means any person to whom hazardous or other waste is shipped and who disposes of such waste; 20. "political and/or economic integration organization" means an organization composed of sovereign States to which its member States have delegated competence in matters governed by this Convention and which is duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve, formally confirm or accede to it; 21. "Illicit traffic" means any transboundary movement of hazardous or other wastes in accordance with article 9.

Article 3 National definitions of hazardous wastes

1. Each Party shall, within six months of becoming a Party to this Convention, inform the Convention secretariat of wastes other than those listed in annexes I and II that are considered or defined as hazardous in accordance with its national legislation or any requirements for transboundary movement applicable to such wastes. 2. Each Party shall subsequently inform the Secretariat of any significant changes to the information provided pursuant to paragraph 1.3. The Secretariat shall immediately transmit to all Parties the information it has received in accordance with paragraphs 1 and 2. 4. Parties are responsible for bringing the information transmitted to them by the secretariat in accordance with paragraph 3 to the attention of their exporters.

Article 4 General obligations

1. (a) The Parties, exercising their right to prohibit the import of hazardous or other wastes for disposal, shall inform the other Parties of their decision under Article 13; (b) The Parties shall prohibit or not permit the export of hazardous or other wastes to the Parties that have prohibited the import of such wastes, if they have received notification thereof according to subparagraph (a) above; (c) In respect of States of import that have not imposed a ban on the import of hazardous wastes and other wastes, the Parties shall prohibit or not permit the export of hazardous wastes and other wastes unless the State of import agrees in writing to a specific import shipment. 2. Each Party shall take appropriate measures to: (a) Ensure that the production of hazardous and other wastes is minimized, within its limits, taking into account social, technical and economic aspects; (b) Ensure the availability of appropriate disposal facilities for the environmentally sound management of hazardous and other wastes, regardless of their disposal location. These facilities should, if possible, be located within its boundaries; c) ensure that persons involved in the management of hazardous and other wastes within its boundaries take such measures as are necessary to prevent contamination with hazardous and other wastes as a result of such management and, if such contamination does occur, to minimize its effects on human health and the environment; (d) Ensure that the transboundary movement of hazardous wastes and other wastes is minimized in accordance with the environmentally sound and efficient use of such wastes, and is carried out in such a way that human health and the environment are protected from the negative consequences that such transportation may lead to.; e) not to allow the export of hazardous or other wastes to States or groups of States belonging to the organization for economic and/or political integration that are Parties, in particular to developing countries that have prohibited all imports under their legislation, or if it has reason to believe that the use of these wastes will not be carried out in an environmentally sound manner, in accordance with criteria to be determined by the Parties at their first meeting.; (f) Require the States concerned to provide information on the proposed transboundary movement of hazardous wastes and other wastes, in accordance with Annex V A, clearly indicating the effects of the proposed movement on human health and the environment; (g) To prevent the import of hazardous wastes and other wastes if there is reason to believe that the use of these wastes will not be carried out in an environmentally sound manner; (h) Cooperate in taking measures with other Parties and interested organizations, directly or through the Secretariat, including in disseminating information on the transport of hazardous wastes and other wastes, in order to improve the environmentally sound management of such wastes and prevent their illicit trafficking. 3. The Parties consider illegal trafficking of hazardous or other wastes to be a criminal act. 4. Each Party shall take appropriate legal, administrative and other measures to implement and comply with the provisions of this Convention, including measures to prevent and punish conduct contrary to the Convention. 5 A Party shall not permit the export of hazardous or other wastes to a non-Party State or their import from a non-Party State. 6. The Parties agree to prevent the export of hazardous or other wastes for disposal within the area south of 60 degrees south latitude, regardless of whether such wastes are the object of transboundary movement or not. 7. In addition, each Side: (a) Prohibits all persons under its national jurisdiction from transporting or disposing of hazardous or other wastes, unless such persons have obtained permission or consent to carry out such operations; (b) Requires that hazardous or other wastes that are the subject of transboundary movement are packaged, labeled and transported in accordance with generally accepted and generally recognized international rules and regulations in the field of packaging, labeling and transportation, and that relevant internationally recognized practices are taken into account; (c) Requires that hazardous or other wastes be accompanied by a document on the transport of hazardous waste from the point from which the transboundary movement begins to the disposal site. 8. Each Party requires that exported hazardous or other wastes be used in an environmentally sound manner in the State of import or other States. Technical guidelines for the environmentally sound management of wastes covered by this Convention will be determined by the Parties at their first meeting. 9. The Parties shall take appropriate measures to ensure that the transboundary movement of hazardous wastes and other wastes is permitted only if: (a) The State of export does not have the technical capabilities and necessary facilities, facilities or suitable locations to dispose of such waste in an environmentally sound and efficient manner; or (b) such waste is needed by the State of import as raw materials for recycling or recovery facilities; or (c) Such cross-border transport meets other criteria to be determined by the Parties, provided that such criteria are consistent with the objectives of this Convention. 10. The obligation of States in which hazardous and other wastes are produced to require, within the framework of this Convention, that these wastes be used in an environmentally sound manner may under no circumstances be transferred to the State of import or transit. 11. Nothing in this Convention prevents a Party from establishing additional requirements that comply with the provisions of this Convention and comply with international law in order to improve the protection of human health and the environment. 12. Nothing in this Convention in any way infringes on the sovereignty of States over their territorial sea, which is established in accordance with international law, and the sovereign rights and jurisdiction that States have over their exclusive economic zones and their continental shelf in accordance with international law, and also does not prevent the exercise by ships and aircraft of all States of the rights and freedom of navigation in the form in which they are provided for by international law and reflected in relevant international documents. 13. The Parties undertake to periodically review opportunities to reduce the volume and/or polluting capacity of hazardous and other wastes that are exported to other States, in particular to developing countries.

Article 5 Designation of competent authorities and designated center

To facilitate the implementation of this Convention, the Parties: 1. One or more competent authorities and one dedicated center shall be appointed or approved. One competent authority shall be designated to receive notification in the case of the transit State; 2. inform the secretariat, within three months after the entry into force of this Convention for them, of the institutions designated by them with their designated center and their competent authorities; 3. Inform the secretariat, within one month of the decision, of any changes regarding the appointment made by them in accordance with paragraph 2 above.

Article 6 Cross-border transport between the Parties

1. The exporting State shall notify or require the producer or exporter to notify in writing, through the competent authority of the exporting State, the competent authorities of the States concerned of any proposed transboundary movement of hazardous wastes or other wastes. Such notifications should contain the statements and information provided for in Annex V A, in a language acceptable to the State of import. It is sufficient for each interested State to send one notification. 2. The State of import shall send to the notifier a written response upon receipt of the notification, containing consent to transportation under certain conditions or without them, refusal of permission for transportation or a request for additional information. A copy of the final response to the State of import is sent to the competent authorities of the interested States that are Parties. 3. The State of export does not allow the manufacturer or exporter to begin cross-border transportation until it receives written confirmation that: a) the notifier has received written consent from the State of import; b) the notifier has received confirmation from the State of import that there is a contract between the exporter and the person responsible for waste disposal, which stipulates the environmentally sound use of these wastes. 4. Each transit State that is a Party shall immediately confirm receipt of the notification to the notifier. It can then send a written response to the notifier within 60 days, containing consent to transportation under certain conditions or without them, a refusal to allow transportation, or a request for additional information. The State of export does not allow cross-border transportation to begin until it receives written consent from the transit State. However, if at any time a Party decides not to require prior written consent at all or under certain conditions regarding the transit of transboundary movements of hazardous wastes or other wastes, or changes its requirements in this regard, it shall immediately inform the other Parties of its decision in accordance with Article 13. In this latter case, if the State of export does not receive a response within 60 days of receipt of this notification by the transit State, the exporting State may allow exports to begin through the transit State. 5. In the case of a transboundary movement of wastes, where these wastes are legally defined or considered as hazardous wastes only by: (a) the State of export, the requirements of paragraph 9 of this article applicable to the importer or person responsible for disposal and the State of import shall apply mutatis mutandis, respectively, to the exporter and the States of export.; (b) By the State of import or the States of import and Transit that are Parties, the requirements of paragraphs 1, 3, 4 and 6 of this article applicable to the exporter and the State of export shall apply mutatis mutandis, respectively, to the importer or the person responsible for disposal and to the State of import; or (c) by any transit State that is a Party then only the provisions of paragraph 4.6 apply to such a State. The exporting State may, subject to the written consent of the States concerned, allow the producer or exporter to use a general notification in the case of regular shipment to the same person responsible for the disposal of hazardous or other wastes with the same physical and chemical properties, through the same customs points of export of the exporting State and through the same customs points of entry of the State of import, and in the case of transit, through the same customs points of entry and exit of the State or States of transit. 7. Interested States may express their consent in writing to use the general notification procedure referred to in paragraph 6, provided that certain information is provided, such as the exact amount or periodic lists of hazardous or other wastes to be shipped. 8. General notification and written consent referred to in paragraphs 6 and 7, may cover multiple shipments of hazardous or other waste over a maximum period of 12 months. 9. The Parties require that each person who undertakes the transboundary movement of hazardous or other wastes sign a transportation document either upon delivery or upon receipt of these wastes. They also require that the person responsible for waste disposal inform both the exporter and the competent authority of the exporting State of the receipt of such waste and, in due course, the completion of disposal, as indicated in the notification. If the exporting State does not receive such information, the competent authority of the exporting State or the exporter notifies the importing State. 10. The notification and response required under this article shall be sent to the competent authorities of the Parties concerned or to the appropriate governmental authority of non-Parties. 11. Any transboundary movement of hazardous wastes or other wastes is covered by insurance, pledge or other guarantee at the request of the State of import or the State of transit, which is a Party.

Article 7 Cross-border transportation from a State that is a Party through States that are not Parties

Paragraph 1 of article 6 of the Convention applies mutatis mutandis to the transboundary movement of hazardous wastes or other wastes from a State that is a Party through a State or States that are not Parties.

Article 8 Obligation of reimport

When a transboundary movement of hazardous wastes or other wastes to which the States concerned have agreed in accordance with the provisions of this Convention cannot be completed in accordance with the terms of the contract, the exporting State shall ensure that these wastes are returned by the exporter to the exporting State, unless other environmentally sound disposal options can be found within 90 days from from the moment when the State of import notified the State of export and the secretariat, or during such other period of time, which will be agreed upon by the States concerned. To this end, the exporting State and any Party that is a transit State shall not object, interfere with or prevent the return of these wastes to the exporting State.

Article 9 Illegal traffic

1. For the purposes of this Convention, any transboundary movement of hazardous wastes or other wastes: (a) Without notifying all interested States in accordance with the provisions of this Convention, or (b) without the consent of the State concerned in accordance with the provisions of this Convention; (c) With the consent obtained from the States concerned through falsification, deception or deception, or (d) which does not substantially comply with the documents, or (e) which leads to the deliberate disposal (for example, dumping) of hazardous or other wastes in violation of this Convention and the general principles of international law, is considered illegal trafficking. 2. In the case of the transboundary movement of hazardous or other wastes classified as illegal traffic based on the conduct of the exporter or producer, the exporting State shall ensure that these wastes are: (a) returned by the exporter or producer or, if necessary, by the exporting State itself to its territory, or if this is impractical., (b) Were otherwise removed in accordance with the provisions of this Convention within 30 days after the State of export was informed of the illicit traffic or within such other period of time as the States concerned may agree. To this end, the Parties concerned do not object or interfere with or prevent the return of these wastes to the States of export. 3. In the case of a transboundary movement of hazardous wastes or other wastes classified as illegal traffic based on the conduct of the importer or the person responsible for disposal, the importing State shall ensure that these wastes are disposed of in an environmentally sound manner by the importer or the person responsible for disposal, or, if necessary, by the importing State itself, within 30 days after how the State of import received information about illicit trafficking, or within such time period as the States concerned may agree. To this end, stakeholders shall cooperate, as appropriate, in the disposal of waste in an environmentally sound manner. 4. In cases where responsibility for illicit trafficking cannot be assigned to the exporter or producer, or the importer or the person responsible for disposal, the Parties concerned or, as appropriate, other Parties shall ensure, through cooperation, the prompt disposal of these wastes in an environmentally sound manner, respectively, in the State of export, the State of import, or in in another place. 5. Each Party shall adopt appropriate national/domestic legislation to prevent and punish illicit trafficking. The Parties shall cooperate with each other in order to achieve the objectives of this article.

Article 10 International cooperation

1. The Parties shall cooperate with each other in order to improve and achieve the environmentally sound management of hazardous and other wastes. 2. For these purposes, the Parties: (a) Upon request, provide available information on a bilateral or multilateral basis, motivated by the desire to promote the environmentally sound management of hazardous and other wastes, including unifying technical standards and practices for the proper management of hazardous and other wastes; (b) Cooperate in monitoring the effects of the use of hazardous waste on human health and the environment; (c) Cooperate, in accordance with their national laws, regulations and policies, in the development and application of new, environmentally sound, low-waste technologies, in the improvement of existing technologies in order to eliminate, where possible, the production of hazardous and other wastes, and in the creation of more efficient and effective methods of using these wastes in an environmentally sound manner, including in studying the economic, social and environmental consequences of the introduction of such new or improved technologies; (d) Actively cooperate, in accordance with their national laws, regulations and policies, in the transfer of technology and processes related to the environmentally sound management of hazardous and other wastes. They also cooperate in enhancing the technical capacity of the Parties, especially those who may need and request technical assistance in this area; (e) Cooperate in developing appropriate technical guidelines and/or codes of conduct. 3. The Parties shall take the necessary measures for the purpose of cooperation to assist developing countries in the implementation of subparagraphs (a), (b), (c) and (d) of paragraph 2 of Article IV. 4. Taking into account the needs of developing countries, cooperation between the Parties and competent international organizations is encouraged in order to promote, inter alia, public awareness of the problem, expand the environmentally sound use of hazardous and other wastes, and introduce new low-waste technologies.

Article 11 Bilateral, multilateral and regional agreements

1. Notwithstanding the provision of paragraph 4 of Article 5, the Parties may enter into bilateral, multilateral or regional agreements or arrangements concerning the transboundary movement of hazardous or other wastes with Parties or non-Parties, provided that such agreements or arrangements do not deviate from the requirement of environmentally sound management of hazardous or other wastes provided for in of this Convention. The provisions of these agreements or arrangements should not be less demanding with regard to environmentally sound use than those provided for in this Convention, in particular taking into account the interests of developing States. 2. The Parties shall notify the secretariat of any bilateral, multilateral or regional agreements or arrangements referred to in paragraph 1 and those that they concluded prior to the entry into force of this Convention for them for the purpose of controlling transboundary movements of hazardous wastes and other wastes that are carried out only between the parties to such agreements. The provisions of this Convention shall not affect transboundary movements carried out in accordance with such agreements, provided that such agreements do not conflict with the requirement for the environmentally sound management of hazardous wastes or other wastes provided for in this Convention.

Article 12 Consultations on liability

The Parties shall cooperate with a view to adopting as soon as possible a protocol containing appropriate rules and procedures in the field of liability and compensation for damage caused as a result of the transboundary movement of hazardous and other wastes.

Article 13 Transfer of information

1. The Parties, as soon as they have received such information, in the event of an accident occurring during the transboundary movement of hazardous or other wastes or their disposal, which may pose a danger to human health and the environment in other States, shall ensure that these States are promptly notified thereof. 2. The Parties shall inform each other through the secretariat of: (a) Changes concerning the designation of competent authorities and/or designated centres, in accordance with Article 5; (b) Changes in their national definition of hazardous wastes, in accordance with Article 3; and, as soon as possible, inform of: (c) Their decisions to object in whole or in part to the import of hazardous or other wastes for disposal in an area under their national jurisdiction; (d) Their decisions to for the purpose of restricting and/or prohibiting the export of hazardous or other wastes; e) any other information required in accordance with paragraph 4 of this article. 3. The Parties, in accordance with national laws and regulations, through the secretariat, shall transmit to the Conference of the Parties established pursuant to Article 15, before the end of each calendar year, a report for the previous calendar year containing, in particular: (a) Information on the competent authorities and the designated centres designated by them in accordance with article 5; (b) Information on any transboundary movements of hazardous wastes and other wastes in which they were involved, including: (i) the volume of hazardous wastes and other wastes exported, their category, properties, destination, transit State and disposal method indicated in the response to the notification; (ii) the volume of imported hazardous wastes and other wastes, their category, properties, origin and method of disposal; (iii) Disposal operations that did not occur as intended; (iv) Efforts made to reduce the volume of hazardous and other wastes subject to transboundary movement; (c) Information on the measures they have taken to implement this Convention; (d) Information on reliable statistical data they have collected on the effects of the production, transport and disposal of hazardous and other wastes on human health and the environment; (e) information concerning bilateral, multilateral and regional agreements and arrangements concluded in accordance with article 12 of this Convention; (f) Information on accidents that have occurred during the transboundary movement and disposal of hazardous and other wastes and on measures taken to eliminate their consequences; (g) Information on possible disposal routes used in the area under their national jurisdiction; (h) Information on measures taken to develop technologies designed to reduce and/or the elimination of the production of hazardous and other wastes; and (i) other matters deemed appropriate by the Conference of the Parties. 4. The Parties, in accordance with national laws and regulations, shall ensure that copies of each notification regarding any given transboundary movement of hazardous or other wastes and the response thereto are sent to the secretariat, if requested by a Party whose environment may be affected by such transboundary movement.

Article 14 Financial aspects

1. The Parties agree that, depending on the specific needs of different regions and subregions, regional and subregional training and technology transfer centers will be established in relation to the rational use of hazardous and other wastes and the minimization of their production. The Parties will decide on the establishment of appropriate financing mechanisms on a voluntary basis. 2. The Parties will consider establishing a revolving fund to provide temporary assistance in case of emergencies in order to minimize damage from accidents resulting from the transboundary movement of hazardous and other wastes or their disposal.

Article 15 Conference of the Parties

1. The Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the Executive Director of UNEP no later than one year after the entry into force of this Convention. Thereafter, regular meetings of the Conference of the Parties shall be convened at such intervals as the Conference determines at its first meeting. 2. Extraordinary meetings of the Conference of the Parties shall be convened when the Conference deems it necessary, or at the written request of one of the Parties, provided that within six months after the request is sent to them by the secretariat, this request is supported by at least one third of the Parties. 3. The Conference of the Parties shall by consensus agree on and adopt rules of procedure, both its own and any subsidiary bodies it may establish, as well as financial rules, with a view to determining, in particular, the financial participation of the Parties under this Convention. 4. The Parties, at their first meeting, will consider any additional measures that may assist them in fulfilling their responsibilities for the protection and conservation of the marine environment in the context of this Convention. 5. The Conference of the Parties shall continuously monitor the effective implementation of this Convention and, in addition: (a) Promotes the harmonization of appropriate policies, strategies and measures to minimize damage caused to human health and the environment by hazardous and other wastes; (b) Consider and adopt, as appropriate, amendments to this Convention and its annexes, taking into account, inter alia, available scientific, technical, economic and environmental information; (c) Consider and take any additional measures that may be necessary to achieve the objectives of this Convention in the light of experience gained in its implementation; and also in the implementation of agreements and arrangements provided for in article 11; d) if necessary, consider and adopt protocols; and (e) Establish such subsidiary bodies as are deemed necessary for the implementation of this Convention. 6. The United Nations, its specialized agencies, as well as any State not Party to this Convention may be represented at meetings of the Conference of the Parties as observers. Any other bodies or institutions, national or international, governmental or non-governmental, with competence in areas related to hazardous or other wastes, which have notified the secretariat of their desire to be represented at meetings of the Conference of the Parties as observers, may be allowed to participate in it, unless at least, one third of the Parties present. The admission of observers is governed by the rules of procedure to be adopted by the Conference of the Parties. 7. The Conference of the Parties shall, three years after the entry into force of this Convention, and thereafter at least every six years, evaluate its effectiveness and, if deemed necessary, consider the possibility of establishing a total or partial ban on the transboundary movement of hazardous and other wastes, taking into account the latest scientific, environmental and economic information.

Article 16 The Secretariat

1. The following functions are assigned to the secretariat: (a) The organization and servicing of meetings as provided for in articles 15 and 17; (b) The preparation and transmission of reports based on information received pursuant to articles 3, 4, 6, 11 and 13 and on information from meetings of subsidiary bodies established pursuant to Article 15 and, if applicable, information provided by relevant intergovernmental and non-governmental institutions; (c) Preparing reports on its activities in carrying out its functions under this Convention and submitting them to the Conference of the Parties; (d) Ensuring the necessary coordination with relevant international bodies and, in particular, concluding such administrative and contractual agreements as may be necessary for the effective performance of its functions; (e) Liaising with designated centres and the competent authorities established by the Parties in accordance with Article 5 of this Convention; (f) Compiling information on approved national sites and facilities of the Parties that can be used for the disposal of their hazardous wastes and other wastes and disseminating this information to the Parties; (g) Receiving and sending information from the Parties regarding: - sources of technical assistance and training; - available scientific and technical knowledge and experience; - sources of advisory assistance and expertise; and - the availability of resources to assist them, upon request, in such areas as: - application of the notification system under this Convention; - rational use of hazardous and other wastes; - introduction of environmentally sound technology in relation to hazardous and other wastes, such as low-waste and non-waste technology; - assessment of opportunities and locations disposal; - monitoring of hazardous and other wastes; and - taking measures in emergency cases; (h) To provide the Parties, upon request, with information on consultants and advisory firms with the necessary technical expertise in this field who can assist them in reviewing the notification of a transboundary movement and the compliance of the proposed shipment of hazardous or other wastes with the notification received and/or the fact that the proposed hazardous waste disposal facilities are environmentally sound when they have reason to believe that these wastes will not be used in an environmentally sound manner. Any such matters shall not be considered at the expense of the secretariat; (i) To assist the Parties, upon request, in identifying cases of illicit trafficking and to promptly disseminate to the Parties concerned any information received by the Secretariat regarding illicit trafficking; (j) To cooperate with the Parties and relevant and competent international organizations and institutions in providing experts and equipment in order to prompt assistance to States in the event of an emergency; and (k) Performing such other functions related to the objectives of this Convention as may be determined by the Conference of the Parties. 2. The functions of the secretariat shall be temporarily performed by the United Nations Environment Programme until the conclusion of the first meeting of the Conference of the Parties convened pursuant to Article 15.3. At its first meeting, the Conference of the Parties shall establish a secretariat from among those existing competent intergovernmental organizations that have expressed their willingness to serve as the secretariat in accordance with this Convention. At this meeting, the Conference of the Parties will also assess the implementation of the functions assigned to it by the interim secretariat, in particular under paragraph 1 above, and decide on the mechanisms necessary to carry out these functions.

Article 17 Amendments to the Convention

1. Any Party may propose amendments to this Convention, and any Party to a protocol may propose amendments to that protocol. Such amendments shall take due account, inter alia, of relevant scientific and technical considerations. 2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties to the relevant protocol. The text of any proposed amendment to this Convention and any protocol, unless otherwise provided in that protocol, shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat also communicates the text of the proposed amendments to the signatory countries for their information. 3. The Parties shall make every effort to reach agreement on the adoption of any proposed amendment to this Convention by consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present and voting, and sent by the Depositary to all Parties for ratification, approval, formal confirmation or acceptance. 4. The procedure referred to in paragraph 3 above shall apply to amendments to any protocol, except that a two-thirds majority vote of the Parties to that protocol present at the meeting and voting is sufficient for their adoption. 5. The relevant instruments of ratification and instruments of approval, formal confirmation or acceptance of amendments shall be deposited with the Depositary. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force for those Parties that have agreed to them on the ninetieth day after the receipt by the Depositary of an instrument of ratification, approval, formal confirmation or acceptance by at least three-quarters of the Parties that have accepted them, or at least by two thirds of the Parties that have accepted amendments to this protocol, unless otherwise provided in this protocol. For any other Party, the amendments shall enter into force on the ninetieth day after that Party deposits its instrument of ratification, approval, formal confirmation or acceptance of these amendments. 6. For the purposes of this article, the term "Parties present and voting" means Parties present and voting for or against.

Article 18 Adoption and amendment of annexes

1. The annexes to this Convention or to any protocol shall form, respectively, an integral part of this Convention and this Protocol, and unless expressly provided otherwise, a reference to this Convention or to the Protocols thereto shall at the same time constitute a reference to any annexes thereto. Such applications are limited to scientific, technical and administrative issues. 2. Unless a protocol provides for other provisions with respect to annexes thereto, the following procedure shall apply for the proposal, adoption and entry into force of additional annexes to this Convention or annexes to the protocol: (a) Annexes to this Convention or its Protocols shall be proposed or adopted in accordance with the procedure set out in paragraphs 2, 3 and 4 of article 17.; (b) Any Party that does not consider it possible to adopt an additional provision to this Convention or an annex to any protocol to which it is a Party shall notify the Depositary thereof in writing within six months from the date of notification by the Depositary of its acceptance. The Depositary shall immediately notify all Parties of any such notification received by it. Any Party may at any time replace a previously submitted statement of objection with a statement of acceptance, after which the annexes will enter into force for that Party.; (c) Upon the expiration of six months from the date of dispatch of the communication by the Depositary, the annex shall enter into force for all those Parties to this Convention or any of the relevant protocols that have not submitted notifications in accordance with the provisions of subparagraph (b) above. 3. The proposal, adoption and entry into force of amendments to annexes to this Convention or any protocol shall be governed by a procedure similar to that established for the proposal, adoption and entry into force of annexes to the Convention or annexes to any protocol. The annexes and amendments thereto shall take due account, inter alia, of relevant scientific and technical considerations. 4. If an additional annex or an amendment to an annex involves an amendment to this Convention or any protocol, such additional annex or an amended annex shall enter into force only after the entry into force of the amendment to this Convention or the relevant protocol.

Article 19 Check

Any Party that has reason to believe that another Party is acting or has acted in violation of its obligations under this Convention may inform the secretariat accordingly, in which case it shall immediately inform, directly or through the secretariat, the Party suspected of violation. The Secretariat provides the Parties with all necessary information in this case.

Article 20 Dispute settlement

1. In the event of a dispute between the Parties concerning the interpretation, application or compliance with this Convention or any protocol thereto, they shall seek a negotiated settlement of the dispute or any peaceful means of their choice. 2. If the parties concerned are unable to resolve the dispute in the manner specified in the preceding paragraph, the dispute shall, by mutual agreement, be referred to the International Court of Justice or to arbitration in accordance with the conditions set out in annex VI on arbitration. However, the impossibility of reaching a mutual agreement on the transfer of the dispute to the International Court of Justice or to arbitration does not relieve the Parties from the obligation to continue to search for ways to resolve it in the manner specified in paragraph 1. 3. At the time of ratification, acceptance, approval, formal confirmation or accession to this Convention, or at any time thereafter, any State or organization for political and/or economic integration may declare that it is ipso facto binding and without special agreement on any Party assuming the same obligations.: (a) Referral of the dispute to the International Court of Justice; and/or (b) referral of the dispute to arbitration in accordance with the procedures set out in annex VI. A written notification of such an application shall be sent to the secretariat, which shall bring it to the attention of the Parties.

Article 21 Signature

This Convention is open for signature by States, Namibia, represented by the United Nations Council for Namibia, and political and/or economic integration organizations in Basel on March 22, 1989, at the Swiss Federal Department of Foreign Affairs in Bern from March 23 to June 30, 1989, and at United Nations Headquarters in New York from July 1, 1989 to March 22, 1990.

Article 22 Ratification, acceptance, formal confirmation or approval

1. This Convention is subject to ratification, acceptance or approval by States and Namibia, represented by the United Nations Council for Namibia, and official confirmation or approval by political and/or economic integration organizations. Instruments of ratification, acceptance, formal confirmation or approval shall be deposited with the Depositary. 2. Any organization referred to in paragraph 1 above that becomes a Party to this Convention, and none of its member States is such a Party, will be bound by all obligations arising from the Convention. In the event that one or more of the member States of such an organization are Parties to the Convention, that organization and its member States shall decide on their respective responsibilities for fulfilling their obligations. In such cases, this organization and its member States cannot simultaneously exercise the rights arising from the Convention. 3. In their official confirmation or approval documents, the organizations referred to in paragraph 1 above declare the extent of their competence in matters governed by the Convention. These organizations also notify the Depositary of any significant change in the limits of their competence, which informs the Parties about it.

Article 23 Accession

1. This Convention shall be open for accession by States, Namibia, represented by the United Nations Council for Namibia, and the organization for Political and/or Economic integration from the day following the date of termination of signature of the Convention. The documents of accession shall be deposited with the Depositary. 2. In their instruments of accession, the organizations referred to in paragraph 1 above declare the extent of their competence in matters governed by the Convention. These organizations also notify the Depositary of any significant change in the limits of their competence. 3. The provisions of paragraph 2 of article 22 shall apply to political and/or economic integration organizations that accede to this Convention.

Article 24 Voting rights

1. Except as provided in paragraph 2 below, each Party to this Convention shall have one vote. 2. Organizations for political and/or economic integration in matters within their competence, in accordance with paragraph 3 of Article 22 and paragraph 2 of Article 23, exercise their right to vote with a number of votes equal to the number of their Member States that are Parties to the Convention or the relevant Protocols. Such organizations lose the right to vote if their member States exercise their right to vote and vice versa.

Article 25 Entry into force

1. This Convention shall enter into force on the ninetieth day after the date of deposit of the twentieth instrument of ratification, acceptance, formal confirmation, approval or accession. 2. For each State or organization for political and/or economic integration that ratifies, accepts, approves or formally confirms this Convention or accedes to it after the date of deposit of the twentieth instrument of ratification, acceptance, approval, formal confirmation or accession, the Convention enters into force on the ninetieth day after the date of deposit. by such State or organization for political and/or economic integration of the instrument of ratification, acceptance, approval, official confirmation or accession. 3. For the purposes of paragraphs 1 and 2 above, any document deposited by a political and/or economic integration organization shall not be considered additional to those deposited by the member States of such organization.

Article 26 Reservations and declarations

1. No reservations to this Convention shall be permitted. 2. Paragraph 1 of this article does not prevent any State or organization for political and/or economic integration, when signing, ratifying, accepting, approving and formally confirming the Convention or acceding to it, from making declarations or declarations in any wording and under any name in order, inter alia, to bring their laws and regulations in line with the provisions of this Convention. The Convention, provided, that such declarations or declarations do not imply the exclusion or modification of the legal effect of the provisions of this Convention in their application to that State.

Article 27 Withdrawal

1. At any time after three years from the date of entry into force of this Convention for any Party, that Party may withdraw from the Convention by giving written notification to the Depositary. 2. Withdrawal shall take effect one year after receipt of the notification by the Depositary or at such later date as may be specified in such notification.

Article 28 The Depositary

The Secretary-General of the United Nations is the Depositary of this Convention and any Protocol thereto.

Article 29 Authentic texts

The original texts of this Convention in Arabic, Chinese, English, French, Russian and Spanish are equally authentic. In witness whereof, the undersigned representatives, being duly authorized thereto, have signed this Convention. Done at Basel on March 22, 1989.

Annex I

Categories of substances to be regulated

Waste groups Y1 Medical waste resulting from the medical care of patients in hospitals, polyclinics and clinics Y2 Waste from the production and processing of pharmaceutical products Y3 Unnecessary pharmaceutical products, medicines and preparations Y4 Waste from the production, production and use of biocides and phytopharmaceuticals Y5 Waste from the production, production and use of wood preservatives Y6 Waste from the production, production and use of applications of organic solvents Y7 Waste from heat treatment and refinement of materials, containing cyanides Y8 Unnecessary mineral oils unsuitable for the originally intended use Y9 Waste in the form of mixtures and emulsions of oils/water, hydrocarbons/water Y10 Unnecessary substances and products containing polychlorinated biphenyls (PCBs) and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) or their impurities Y11 Unnecessary resinous waste from distillation, distillation or any pyrolytic treatment Y12 Waste from the production, production and use of inks, dyes, pigments, paints, varnishes, drying oil Y13 Waste from, production and use of synthetic resins, latex, plasticizers, adhesives/binders Y14 Unnecessary chemicals obtained during scientific research or educational process, the nature of which has not yet been identified, and/or which are new, and whose effects on humans and/or the environment are not yet known Y15 Waste of an explosive nature, not covered by other legislation Y16 Industrial waste, production and application of photochemicals or materials for processing photographic materials Y17 Metal and plastic surface treatment wastes Y18 Residues from industrial waste disposal operations Y19 Metal carbonyls Y20 Beryllium; beryllium compounds Y21 Hexavalent chromium compounds Y22 Copper compounds Y23 Zinc compounds Y24 Arsenic; arsenic compounds Y25 Selenium; selenium compounds Y26 Cadmium; cadmium compounds Y27 Antimony; Antimony compounds Y28 Tellurium; Tellurium compounds Y29 Mercury; mercury compounds Y30 Thallium; thallium compounds Y31 Lead; lead compounds Y32 Inorganic fluorine compounds, excluding calcium fluoride Y33 Inorganic cyanides Y34 Acid solutions or acids in solid form Y35 Basic compounds or solid bases Y36 Asbestos (powder and fibers) Y37 Organic phosphorus compounds Y38 Organic cyanides Y39 Phenols; phenolic compounds, including chlorophenols Y40 Esters Y41 Halogenated organic solvents. Y42 Organic solvents, except for alogenized solvents. Y43 Any polychlorinated dibenzofuran type materials Y44 Any polychlorinated dibenzopidioxin type materials Y45 Organohalogenic compounds other than those listed in this annex (for example, Y39, Y41, Y43, Y44)

Annex II

Waste categories requiring special consideration

Y46 Waste collected from homes Y47 Residues resulting from the incineration of household waste

Annex III

List of dangerous properties

Class The code UN Properties* number: ------------- * Complies with the dangerous goods classification system contained in the United Nations Recommendations on the Transport of Dangerous Goods (ST/S6/AC.10/l/Rev.5, UN New York, 1988).

1. HI Explosives Explosives or waste are solid or liquid substances or waste (or a mixture of substances or waste), which by themselves are capable of a chemical reaction with the release of gases at such a temperature and pressure and at such a rate that it causes damage to surrounding objects. 3. 3 Flammable liquids The term "flammable" is equivalent to the term "flammable". Flammable are liquids, mixtures of liquids, or liquids containing solids in solution or suspension (for example: paints, varnishes, varnishes, etc., except for substances or wastes classified differently according to their hazardous properties) that emit flammable vapors at a temperature not exceeding 60.5 degrees C in a closed vessel or not above 65.6 degrees C in an open vessel. (Since the results obtained in open and closed vessels cannot be accurately compared, and even individual results obtained by the same method are often very different from each other, the rules in which the figures differ from those given above remain in the spirit of these definitions).

4.1 H4.1 Flammable solids Solid substances or solid waste, other than those classified as explosive, which, under conditions encountered during transportation, are capable of catching fire easily, or may cause or intensify a fire by friction. 4.2 H4.2 Substances or wastes capable of spontaneous combustion Substances or wastes that are capable of spontaneously heating up under normal conditions of carriage or heating up in contact with air and then capable of spontaneous combustion. 4.3 H4.3 Substances or wastes that emit flammable gases when interacting with water Substances or wastes that, when interacting with water, can become self-igniting or emit flammable gases in dangerous quantities. 5.1 H5.1 Oxidizing substances Substances that are not necessarily flammable in themselves, but which, usually due to the release of oxygen, can cause or contribute to the ignition of other materials. 5.2 H5.2 Organic peroxides (Organic substances containing the bivalent group -O-O-, which are thermally unstable substances and subject to exothermic self-accelerating decomposition). 6.1 H6.1 Toxic (poisonous) substances Substances or wastes that, when ingested through the respiratory, digestive, or skin organs, can cause death or have a severe negative effect on a person. 6.2 H6.2 Infectious substances Substances or wastes containing live microorganisms or their toxins that are known or suspected to cause diseases in animals or humans. 8. H8 Corrosive substances Substances or wastes that, by chemical action, can cause serious damage to living tissue in direct contact or, in the event of leakage or spillage, can cause damage and even destruction to other goods or vehicles; they can also entail other types of hazards. 9. H10 Release of toxic gases in contact with air or water Substances or wastes that, when interacting with air or water, can release toxic gases in dangerous volumes. 9. H11 Toxic substances (causing prolonged or chronic diseases) Substances or wastes that, if ingested through the respiratory, digestive, or skin systems, can cause serious, prolonged, or chronic diseases, including cancers. 9. H12 Ecotoxic substances Substances or wastes that, if released into the environment, pose or may immediately or eventually pose a threat to the environment as a result of bioaccumulation and/or have toxic effects on biotic systems. 9. H13 Substances capable of forming other materials in any way after removal, for example, by leaching, and these materials possess any of the above properties.

Tests

The potential danger of certain types of waste has not yet been fully documented; there is no test methodology for quantifying such a danger yet. Further research is needed to develop methods demonstrating the potential danger of these substances to humans and/or the environment. Standard test methods have been developed for pure substances and materials. Many member countries have developed a national test methodology that is applicable to the materials listed in Annex I to determine whether these materials have any of the properties listed in this annex.

Annex IV

Removal operations

A. Operations that lead to possible recovery, recycling, recycling, direct reuse or alternative use Section A covers all such disposal operations that occur in practice D1. Burial in the ground or dumping on the ground (for example, in a landfill, etc.) D2. Tillage (for example, biochemical decomposition of liquid or silty waste in the soil, etc.) D3. Injection to a great depth (for example, injection of waste of the appropriate consistency into wells, salt domes or natural reservoirs, etc.) D4. Discharge into surface water bodies (for example, discharge of liquid or silty waste into pits, ponds or settling pools, etc.) D5. Dumping into specially equipped landfills (for example, dumping into separate compartments with insulating gaskets and surface coatings that ensure their isolation from each other and the environment, etc.) D6. Dumping into bodies of water other than seas/oceans D7. Dumping into the seas/oceans, including burial on the seabed D8. Biological treatment not specified in other sections of this annex, which leads to the formation of final compounds or mixtures, which are then removed by any of the methods specified in section A D9. Physico-chemical treatment not specified in other sections of this annex, which leads to the formation of final compounds or mixtures, which are then removed by any of the methods specified in section A (for example, evaporation, drying, calcination, neutralization, precipitation, etc.) D10. Burning on land D11. Burning at sea D12. Disposal (e.g. disposal of containers in a mine, etc.) D13. Obtaining a homogeneous or heterogeneous mixture before beginning any of the operations specified in section A D14. Repacking before beginning any of the operations specified in section A D15. Storing pending any of the operations specified in section A

V. Operations that may lead to recovery, recycling, recycling, direct reuse or alternative use Section B covers all such operations with materials that are legally defined as hazardous waste or considered as such and that were otherwise intended for operations provided for in Section A R1. Use as fuel (other than direct combustion) or otherwise to generate energy R2. Disposal/recovery of solvents R3. Recycling/disposal of organic substances not used as solvents R4. Recycling/recycling of metals and their compounds R5. Recycling/disposal of other inorganic materials R6. Reduction of acids and bases R7. Recovery of components used for pollution control R8. Recovery of the components of R9 catalysts. Re-distillation of petroleum products or other reuse of previously used petroleum products R10. Tillage that has a beneficial effect on agriculture or improves the environmental situation R11. The use of waste from any operations numbered R1-R10 R12. Waste exchange for their disposal through operations numbered R1-R11 R13. Accumulation of material for subsequent disposal by any operation listed in section B.

Appendix V A

Information that the notification should contain

1. Reason for waste export 2. Exporter of waste1 3. Waste producer(s) 1 4. The person responsible for waste disposal 1 5. The intended waste carrier(s) or his (their) agents, if known1 6. The country of waste export Competent authorities2 7. Proposed transit countries Competent authorities2 8. Country of waste import Competent authorities2 9. General or one-time notification 10. The planned delivery date(s) and the time period during which the waste is exported, and the proposed route (including the point of entry and exit)3 11. Intended type of transportation (road, rail, sea, air, inland waterways) 12. Information related to insurance 4 13. Identification and physical description of the waste, including the Y number and the UN number, and their composition5 and information on any special handling requirements, including emergency provisions in case of accidents 14. Intended type of packaging (for example, in bulk, in barrels, in a tanker) 15. Estimated quantity by weight/volume 6 16. The process by which the waste was obtained7 17. Hazard classification of wastes listed in Annex I according to Annex II to the Convention: hazardous properties, number H; UN class. 18. Disposal method according to Annex III 19. The statement of the manufacturer and exporter that the information is true 20. Information (including a technical description of the enterprise) sent to the exporter or manufacturer by the person responsible for disposal, on the basis of which the latter concludes that the intended disposal can be carried out in an environmentally sound manner and in accordance with the norms and regulations of the importing country. 21. Information about the concluded contract between the exporter and the person responsible for disposal.

Notes

 1The full name and address, phone number and telex or fax number of the organization, as well as the surname, address, phone number or telex or fax number of the person to contact. 2The full name and address, phone number and telex or telefax number. 3 In the case of a general notification covering several shipments, information is required either on the expected dates of each delivery or, if this is not known, on the expected frequency of deliveries. 4 Information should be provided on the relevant insurance claims and how they are met by the exporter, the carrier and the person responsible for disposal. 5character and concentration of the most dangerous components in terms of toxicity and other hazards that waste poses when handled, as well as in connection with the proposed disposal method. 6IN the case of a general notification covering several shipments, information is required on both the estimated total volume and the estimated volume of each individual shipment. 7 Because it is necessary to assess the danger and determine the appropriateness of the proposed removal operations.

Appendix V In

Information that the transportation document should contain

1. Waste exporter 1 2. The waste producer(s) and the location of the production site 1 3. The person responsible for waste disposal and the actual location of the disposal site 1 4. The waste carrier(s) 1 or his (their) agent(s) 5. Subject of a general or one-time notification 6. The date of commencement of the transboundary movement and the date(s) and signature on the receipt of each person responsible for waste 7. Type of transportation (road, rail, inland waterway, sea, air), including to countries of export, transit and import, as well as to points of import and export, if the latter have been identified 8. General description of waste (if necessary, physical condition, exact UN accepted cargo name and class, UN number, codes Y and H) 9. Information on special handling requirements, including emergency measures 10. Type of packaging and number of cargo spaces 11. Quantity by weight/volume 12. The statement of the manufacturer or exporter that the information is true 13. A statement from the manufacturer or exporter indicating that there are no objections from the competent authorities of all interested States that are Parties 14. Certificates of the person responsible for disposal on receipt of waste at the designated disposal facility and indication of the disposal method and approximate date of disposal

Notes

If possible, the required information in the transportation document should be combined into one document along with the information required by the transportation rules. When this is not possible, this information should complement rather than duplicate the information required by the transportation regulations. The transportation document must contain an indication of who provides the information and fills out any form.1The full name and address, telephone and telex and fax number of the organization, as well as the surname, address, telephone or fax number of the person to contact in the event of an accident.

Annex VI

Arbitration

Article 1

Unless the agreement referred to in article 20 of the Convention provides otherwise, the arbitration proceedings shall be conducted in accordance with articles 2-10 set out below.

Article 2

The claimant Party shall notify the secretariat that the parties have agreed to submit the dispute to arbitration in accordance with paragraph 2 or paragraph 3 of article 20, including, in particular, the articles of the Convention on the interpretation or application of which the dispute arose. The secretariat transmits the information received in this way to all parties to the Convention.

Article 3

The Arbitration Court consists of three members. Each of the parties to the dispute appoints an arbitrator, and the two arbitrators so appointed shall, by mutual agreement, appoint a third arbitrator who shall serve as chairman of the court. The latter may not be a citizen of one of the parties to the dispute and may not have his usual place of residence in the territory of one of these parties, may not be in their service or in any other capacity related to this case.

Article 4

1. If, two months after the appointment of the second arbitrator, the chairman of the arbitral tribunal has not been appointed, the Secretary-General of the United Nations shall, at the request of either party, appoint him within the next two months. 2. If one of the parties to the dispute does not appoint an arbitrator within two months of receiving the request, the other party has the right to inform the Secretary-General of the United Nations, who appoints the chairman of the arbitral tribunal within the next two months. After his appointment, the chairman of the arbitration court requests the party that has not yet appointed an arbitrator to do so within two months. At the end of such period, he shall inform the Secretary-General of the United Nations accordingly, who himself shall appoint this arbitrator within the next two months.

Article 5

1. The arbitral tribunal shall render its decision in accordance with international law and in accordance with the provisions of this Convention. 2. Any arbitral tribunal established in accordance with the provisions of this annex shall develop its own rules of procedure.

Article 6

1. Decisions of the arbitration court on procedural and substantive issues are made by a majority vote of its members. 2. The Court may take all appropriate measures to establish the facts. He may, at the request of one of the parties, recommend the adoption of the necessary temporary protective measures. 3. The parties to the dispute shall provide all necessary conditions for the effective conduct of the proceedings. 4. The absence or non-appearance in court of one of the parties to the dispute is not an obstacle to the proceedings.

Article 7

The court may hear and rule on counterclaims arising directly from the substance of the dispute.

Article 8

Unless the arbitral tribunal decides otherwise based on the specific circumstances of the case, the parties shall share the court costs equally, including the fees paid by the members of the court. The court registers all its expenses and submits a final report on these expenses to the parties.

Article 9

Any Party having a legal interest in the object of the dispute, which may be infringed by the decision in the case, has the right, with the consent of the court, to speak in court.

Article 10

1. The Court shall render its decision within five months after the date of its establishment, unless it deems it necessary to extend this period for a period not exceeding five months. 2. The decision of the arbitration court is accompanied by an explanation of the reasons. Its decision is final for the parties to the dispute. 3. Any dispute that may arise between the parties regarding the interpretation or implementation of the court's decision may be referred by either party to the arbitral tribunal that issued the decision, or, if the latter cannot be contacted, to another court established for this purpose in the same way as the first.

Extract from the minutes No. 4 of the Expert Council meeting

Almaty, September 24, 1997

The agenda

1. On repayment of debts of the Republic of Kazakhstan to international organizations. 2. On the accession of the Republic of Kazakhstan to international conventions and agreements, as well as on joining international organizations. 3. On the progress of the implementation of decisions taken at previous meetings of the Expert Council.

 On the first question:

They listened: About the situation with Kazakhstan's debt to international organizations. We decided to pay off the debt to the following MO: 1. The United Nations (UN). 2. The United Nations Organization for Culture, Science and Education is UNESCO. 3. Organization for Security and Co-operation in Europe (OSCE). 4. The World Meteorological Organization (WMO). 5. Organization of the Islamic Conference (OIC). 6. The Energy Charter (EH). 7. The World Customs Organization (WTO). 8. United Nations Industrial and Development Organization - UNIDO. 9. The World Association of Investment Promotion Agencies (VIPA). 10. The Joint Consultative Group of the Treaty on Conventional Armed Forces in Europe (CFE Treaty Group). 11. Convention on Biological Diversity (in part).

To postpone consideration of the debt issue to the following MO: 1. Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty (CTBT). 2. The World Tourism Organization (WTO). 3. International Organization of Legislative Metrology (IOMZ). 4. International Maritime Organization (IMO). 5. International Labour Organization (ILO). 6. International Epizootic Bureau (OIE). 7. International Civil Defense Organization (IHO).

To recommend to the Ministry of Finance to include in the draft budget for 1998 the amounts of contributions for the following MO: 1. United Nations Organization for Industry and Development - UNIDO. 2. International Atomic Energy Agency (IAEA). 3. United Nations Industrial and Development Organization - UNIDO.

To include the following ministries in the list of priority organizations: 1. The United Nations Industrial and Development Organization - UNIDO. 2. The Comprehensive Nuclear-Test-Ban Treaty (CTBT).

 On the second question: They listened: On the accession of the Republic of Kazakhstan to multilateral conventions and agreements: They decided: The Ministry of Foreign Affairs, together with interested departments, will begin work on the accession of the Republic of Kazakhstan to the following multilateral conventions and agreements: 1. Convention and Protocol on Refugee Status. 2. OSCE Convention on Conciliation and Arbitration. 3. Agreement on the Protection of Afro-Asian Migratory Waterbirds. 4. Convention on Environmental Impact Assessment in a Transboundary Context. 5. Convention on the Protection and Use of Transboundary Watercourses and International Lakes. 6. Convention on the Transboundary Effects of Industrial Accidents. 7. Convention on Long-range Transboundary Air Pollution. 8. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 9. Convention on the Harmonized Commodity Description and Coding System. 10. Convention concerning the Temporary Importation of Motor Vehicles Used for Commercial Purposes. 11. The Convention concerning containers. 12. Convention on the Harmonization of Conditions for the Control of Goods at Borders. The Ministry of Foreign Affairs and the Ministry of Finance should jointly begin work on the accession of the Republic of Kazakhstan to the International Federation of Accountants.

On the third question: We decided to take note of the information on the implementation of decisions taken at previous meetings of the EC.

Minister, Chairman of the Expert Council

President

Republic of Kazakhstan

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