United States Environmental Protection Agency Office of Solid Waste and Emergency Response (OS-305) EPA530-F-92-007 May 1992 Office of Solid Waste Environmental Fact Sheet ENTRY INTO FORCE OF THE BASEL CONVENTION On May 5, 1992, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal will enter into force for twenty nations. Basel parties, under terms of the Convention, must ban imports and exports of hazardous and other wastes with countries not party to the Convention unless such shipments are covered by other governmental agreements. The U.S. is not currently a Basel party. U.S. companies shipping waste to countries that have ratified may have to comply with new requirements imposed by the foreign government. Goals of the Convention The Basel Convention is the first major international agreement addressing imports and exports of hazardous wastes, household wastes, and household waste combustion ash (referred to hereafter as "covered wastes"). It seeks a reduction in the generation of covered wastes, a reduction in transboundary waste movements consistent with environmentally sound and efficient management, and sets a standard for environmentally sound management for those transboundary waste movements that do occur. The United States and over fifty other countries signed the Basel Convention between March, 1989 and March, 1990, the allocated timeframe. ^ % - xxiv? ^ * Aural: ;%s^ Mexico Nigeria Norway Panama ------- Major Provisions of the Basel Convention Include: • a prohibition of covered waste imports and exports between parties and non-parties, except when pursuant to separate governmental agreements, provided that such agreements are compatible with environmentally sound management; • a requirement for notice to and written consent of the receiving country and any transit country before a covered waste may be exported; • an obligation (on both the exporting and importing countries) to prohibit a shipment if there is reason to believe that the waste would not be managed in an environmentally sound manner in the importing country; • uniform notification and tracking requirements and requirements for contracts between importers and exporters; * an obligation upon the country of export to assume responsibility for disposal of covered waste illegally shipped if the exporter has solely committed the illegal act and is unable to assume responsibility for the waste; • a parallel obligation upon the country of import where the illegal act was committed solely by the importer or disposer; • an obligation to increase cooperation among parties to share information and develop technical guidelines for environmentally sound management; and • a prohibition of exports of covered wastes to Antarctica. U.S. Ratification Two events must occur before the U.S. can ratify the Basel Convention: the Senate must consent to the ratification, and the Congress must pass legislation which would give EPA additional authority necessary to implement the Convention. A number of legislative proposals, including one introduced on behalf of the Administration, are now under consideration in the Congress. Other International Agreements The U.S. has two bilateral agreements for transboundary movements of hazardous wastes: one with Mexico, which is a Basel party; and one with Canada, which is expected to ratify Basel shortly. As a member of the Organization for Economic Cooperation and Development (OECD), the U.S. is also involved in a multilateral arrangement for intra-OECD movements of recyclables. These agreements will allow continued trade of certain Basel wastes between the U.S. and some Basel parties if conducted in compliance with the terms of the agreements. For More Information EPA will soon publish an informational notice in the Federal Register that will include the complete text of the Convention. Reprints may be ordered by calling the RCRA Hotline at (800)424- 9346. ------- |