530-R-00-003b
PB2000-104 949
RCRA, SUPERFUND & EPCRA HOTLINE MONTHLY REPORT
February 2000
1. Frequently Asked Questions on the Basel Convention
What is the Basel Convention? How is it implemented?
The Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal promotes environmentally prudent management of waste
imports and exports and sets broad criteria for the shipment of certain wastes between
parties to the Convention. The Basel Convention binds individual governments to the
conditions set forth in the Convention when they sign it and then ratify its terms under
their national procedures. After ratifying the Basel Convention, governments may
establish domestic regulations, consistent with the terms of the Convention, for
importing and exporting covered wastes.
Is the United States a party to the Basel Convention?
The United States is not currently a party to the Basel Convention. Although the United
States signed the agreement on March 22,1990, it has not yet ratified the Convention.
Therefore, the Basel Convention does not apply in the United States (64 FR 44722;
August 17,1999).
Does the Basel Convention restrict shipments between parties and non-parties?
Ordinarily, the Convention prohibits shipments of hazardous waste streams between
Basel parties and non-parties. However, the Basel Convention allows parties and non-
parties to enter into separate bilateral or multilateral agreements governing hazardous
waste movements. The transboundry movement of hazardous waste between parties
and non-parties can occur if these bilateral or multilateral agreements meet the
requirements of Article II of the Basel Convention.
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Has the United States entered into bilateral and multilateral agreements to allow
transfrontier shipments of hazardous waste with Basel parties?
The United States currently has entered into bilateral agreements with Canada, Mexico,
Malaysia, and Costa Rica. A multilateral agreement that allows transfer of hazardous
waste between members of the Organization for Economic Cooperation and
Development (OECD) for recovery purposes exists between the United States and the
members of the OECD.
Does the Basel Convention place restrictions on importers and exporters in the United
States?
The Basel Convention does not place any restrictions directly on U.S. importers and
exporters, as it is binding only to governments that have ratified the Convention. When
importing or exporting, or participating in transfrontier movements of hazardous
waste, U.S. importers and exporters must follow the applicable requirements of 40 CFR
Part 262, Subparts E, F, and H. However, members of the regulated community within
the United States should be aware of those countries that have ratified the Basel
Convention and that adhere to its terms. Parties to the Basel Convention with which
the U.S. has not established a separate bilateral agreement may prohibit movement of
hazardous waste to and from the United States (Article 4, paragraph 5).
What is the Basel Ban?
The Basel Ban, adopted in 1994 by certain countries, bars shipments of hazardous waste
from developed countries to less-developed countries. The Basel Ban does not apply to
U.S. importers and exporters, as the United States has adopted neither the Basel
Convention nor the Basel Ban.
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