Preventing and combating illegal traffic in hazardous and other wastes under the Basel Convention: developments since COP12

Transcription

1 Preventing and combating illegal traffic in hazardous and other wastes under the Basel Convention: developments since COP12 Yvonne Ewang-Sanvincenti Secretariat of the Basel Convention IMPEL TFS Conference June 2016, Eschborn near Frankfurt am Main, Germany

2 CONTENTS Second meeting of ENFORCE (ENFORCE-2) Tenth meeting of the Open-ended Working Group (OEWG-10; abstract) Twelfth meeting of the Implementation and Compliance Committee (ICC-12; abstract) Other matters

3 ENFORCE-2 Environmental Network for Optimizing Regulatory Compliance on Illegal Traffic (ENFORCE) Mission: to bring together existing resources and enhance and improve cooperation and coordination between relevant entities with a specific mandate to deliver capacity-building activities and tools on preventing and combating illegal traffic Members: Parties (DR Congo, Islamic Republic of Iran, Croatia, Ecuador and Sweden), BCRCs (Senegal, SPREP, Slovakia, Argentina), organizations-networks (UNEP, Asian Network, LA Network of Prosecutors, IMPEL TFS, INECE, BAN), Observers: WCO, INTERPOL

4 ENFORCE-2 2 nd Meeting: Sao Paulo, Brazil, 3-4 May 2016 Members exchanged information on ongoing activities in the regions; Roadmap of activities was updated; Latin America Network of Prosecutors was accepted as new ENFORCE member; New chair (Ms. Leila Devia, BCRC Argentina) and vicechair (Ms. Viera Spalkova, BCRC Slovakia) elected.

5 OEWG-10 (abstract) OEWG-10 : 30 May 2 June 2016, Nairobi,Kenya d/4626/mctl/viewdetails/eventmodid/8295/eventid/560/xmid/14062/default.aspx Participation of IMPEL TFS community Technical guidelines on TBM of electrical and electronic waste and used electrical and electronic equipment, in particular regarding the distinction between waste and non-waste under the Basel Convention Consultations on draft guidance on the implementation of the BC provisions dealing with the consequences of illegal traffic Providing legal clarity

6 OEWG-10 (abstract) Technical guidelines on TBM of electrical and electronic waste and used electrical and electronic equipment, in particular regarding the distinction between waste and non-waste under the Basel Convention: Reminder: Decision BC-12/5: Guidelines adopted on an interim basis on the understanding that the technical guidelines are of a non-legally binding nature and that the national legislation of a party prevails over the guidance provided within the technical guidelines, in particular in paragraphs 31, 42 and 43 thereof

7 OEWG-10 (abstract) Decision BC-12/5 (ctd.) Invitation to Parties to submit comments on their use Invitation to Parties and other to comment on the issues mentioned in paragraph 5 of decision BC-12/5 and on appendix V of the interim technical guidelines Parties encouraged to inform the Secretariat about any conditions they apply in relation to used equipment that should normally be considered waste or non-waste Intersessional work by OEWG-10 on para 31a and 31b, in order to prepare draft revised guidelines for COP-13 consideration, on: Residual lifetime and age of used equipment; Management of hazardous wastes from failure analysis, repair and refurbishment operations in developing countries; Obsolete technologies, including cathode ray tubes; Presence of hazardous components in used equipment.

8 OEWG-10 (abstract) Document UNEP/CHW/OEWG.10/5 Australia, Brazil, Canada, China, Colombia, European Union and its member States, Malaysia, New Zealand, State of Palestine, Basel Action Network (BAN) and Global Diagnostic Imaging, Healthcare IT Radiation Therapy Trade Association (DITTA) submitted comments on paragraph 5 of decision BC12/5 and on appendix V to the guidelines (INF/22) Costa Rica and the EU shared information on conditions they apply in relation to used equipment that should normally be considered waste or non-waste (available on BC website) OEWG10 expected to further develop the technical guidelines on transboundary movements of electronic and electrical waste and used electrical and electronic equipment, in particular regarding the distinction between waste and non-waste OEWG-10 discussions in plenary and in contact group co-chaired by Jane Stratford (UK) and Magda Gosk (Poland)

9 OEWG-10 (abstract) OEWG-10 decision: Need to collect more information on experience in the implementation of the guidelines and outstanding issues, and that certain elements of the guidelines may require further elaboration (preambular para), Secretariat to send out questionnaire by 29 July 2016 to Parties and others to gather information on experience with the implementation of the guidelines, with responses to be received by 15 January 2017 Parties and others invited to comment on the outstanding issues in paragraph 5 of decision BC-12/5 by 30 October 2016,

10 OEWG-10 (abstract) OEWG-10 decision (ctd.): SIWG to further explore options for addressing outstanding issues in particular those contained in appendix V of the guidelines taking into account that: Residual life time and age of UEEE may be based on country-level criteria, Management of HW resulting from failure analysis, repair and refurbishment may focus on ESM and that TBM of such HW such take place in case of lack of ESM in the importing country, Potential link between the ban amendment and the guidelines should be examined, Concept of obsolete technologies should be further clarified, Differences between consumer goods and special-purpose equipment should be examined when referring to CRTs in the context of subpara 31(b) of the guidelines Procedure of party notification referred to in item 1 of Appendix V should be further examined

11 OEWG-10 (abstract) Consultations on draft guidance on the implementation of the BC provisions dealing with the consequences of illegal traffic Documents UNEP/CHW/OEWG.10/7 and UNEP/CHW/OEWG.10/INF/9 Ultimate goal=esm Overall structure of the draft guidance: 1. Objectives of the guidance document 2. Determining whether a shipment is deemed to be illegal traffic 3. States and entities involved in implementing the consequences set out in paragraphs 2, 3 and 4 of Article 9 of the Convention 4. Liability for damage 5. Illegal traffic deemed to be as the result of conduct on the part of the exporter or generator (paragraph 2 of Article 9) 6. Illegal traffic deemed to be as a result of conduct on the part of the importer or disposer (paragraph 3 of Article 9) 7. Where responsibility for the illegal traffic cannot be assigned (paragraph 4 of Article 9) Appendix 1: Form for the take-back of wastes Appendix 2: Graphic illustration of the suggested take-back procedure Appendix 3: Graphic illustration in case take-back of the wastes is considered impracticable Appendix 4: Implementation of the take-back procedure in a case study

12 OEWG-10 (abstract) OEWG-10 expected to provide comments on the draft guidance OEWG-10 discussions took place in plenary and in contact group co-chaired by Simon Parker (UK) and Humphrey Kasiya Mwale (Zambia). Draft guidance well received, specific comments from Canada, China, EU and its member States, Iran, Liberia and Switzerland (INF/9/Rev.1) OEWG-10 decision: ICC invited to consider: preparing a revised draft taking into account comments received from OEWG inviting comments thereon from Parties and others finalizing the guidance for COP13 consideration and possible adoption

13 OEWG-10 (abstract) Providing further legal clarity Reminder: Decision BC-12/1 Extension of mandate to SIWG to finalize glossary including explanations, focus on distinction between waste and non-waste, for consideration by OEWG-10 and COP-13; SIWG-3 meeting on September 2015 finalized the glossary Decision to initiate review of Annexes I (hazardous wastes), III (hazardous characteristics), IV (disposal operations) and related aspects of annex IX (non-hazardous wastes) of the Convention; Parties to submit comments by 15 November 2015 Comments received from EU and its member States, and Canada

14 OEWG-10 (abstract) Documents UNEP/CHW/OEWG.10/8, UNEP/CHW/OEWG.10/INF/10 (glossary of terms), INF/11 (views from Canada, EU and its MS and 3 observers on the review) and INF/12 (report on the review) OEWG-10 expected to: finalize the glossary of terms for COP-13 consideration and adoption; consider views from Parties on the review of Annexes I and III (hazardous wastes and characteristics), and the report on the review of Annex IV (disposal operations) and related aspects of Annex IX OEWG-10 discussions in plenary and in contact group cochaired co-chaired by Simon Parker (UK) and Humphrey Kasiya Mwale (Zambia).

15 OEWG-10 (abstract) OEWG-10 decision: Recommends that COP13 adopt the glossary of terms, Welcomes the offer by Canada to lead the process for the review of the Annexes I, III IV and related aspects of Annex IX until COP13 Invites further views by Parties and others on the legally binding options for the review of the Annexes I, III, IV and related aspects of Annex IX by 15 July 2016 Invites Parties to nominate further experts to the SIWG on legal clarity by 15 July 2016 Invites Canada to develop by 26 August 2016 a concept paper on the review of the annexes

16 OEWG-10 (abstract) OEWG-10 decision (ctd.): Invites Parties and others to comment thereon by 28 October 2016 Invites Canada to analyze the views and to prepare in consultation with the SIWG on legal clarity a report thereon for COP13 consideration

17 ICC- 12 (abstract) ICC-12: 4-6 June 2016, Nairobi Kenya ompliancecommittee/meetings/icc12/overview/tabid/ 4727/Default.aspx Relevant agenda items: Illegal traffic Control system Legislation Insurance, bond and guarantee

18 ICC-12 (abstract) Illegal traffic Mandate: to develop guidance on the consequences of a shipment of wastes deemed to amount to illegal traffic (paragraphs 2, 3 and 4 of Article 9); Document UNEP/CHW/CC.12/8 ICC-12 expected to review the draft, including the outcome of consultations with the OEWG-10 ICC-12 outcomes: request to the Secretariat to: -Prepare revised draft guidance taking into account the outcome of the consultations with the OEWG as well as the outcome of the ICC12; -Circulate the new draft guidance to parties and others with an invitation to comment thereon by 10 September 2016; -Prepare final draft guidance by 30 September 2016 taking into account comments received from parties, for endorsement by electronic means by the Committee and for consideration and possible adoption by the Conference of the Parties at its thirteenth meeting.

19 ICC-12 (abstract) Control system Transit issues Report on transit issues, document UNEP/CHW/CC.12/11/Add.1 ICC-12 outcomes: ICC agreed, among other things, to recommend that COP13: -Mandate the ICC to develop guidance on the matter, including with respect to the definition of transit, the 60-day deadline and the re-routing of ships; -Adopt revised forms and reporting format to allow Parties to specify their definition of transit and whether they have decided to waive the requirement of consent for transit TBM.

20 ICC-12 (abstract) Control system Electronic approaches to the notification and movement documents Report on electronic approaches, document UNEP/CHW/CC.12/11/Add.2 ICC-12 outcomes: ICC agreed to recommend that COP13: Establish a SIWG to work further on the matter, and That the SIWG start its work with an information sharing and brainstorming meeting of experts from parties and observers to consider possible options for steps towards a Basel Convention electronic system for transboundary movements.

21 ICC-12 (abstract) Control system Multiple Competent Authorities Document UNEP/CHW/CC.12/11/Add.3 including revised forms to specify respective area of jurisdiction ICC-12 outcomes: ICC agreed to recommend that COP13 adopt revised forms for the designation of country contacts as well as a revised question 1(a) of the revised reporting format that would enable parties to clarify the respective jurisdiction of multiple competent authorities.

22 ICC-12 (abstract) Control system Article 11 arrangements and agreements Document UNEP/CHW/CC.12/11 ICC-12 outcomes: ICC agreed to initiate work on the matter with: - a request to the Secretariat to develop by 15 October 2016 a questionnaire for Parties inviting them to share by 15 December 2016 information on their experience, challenges and lessons learned with respect to the development and implementation of such agreements/arrangements - a request to the Secretariat to develop a first draft guidance on the matter by the end of February Agreement reached to include the finalization of the guidance in the proposed ICC POW for

23 ICC-12 (abstract) Legislation Report on improving national frameworks implementing the Basel Convention Document UNEP/CHW/CC.12/9 ICC-12 outcomes: ICC agreed to recommend additional steps that could be taken to improve legislative implementation: -Development of additional guidance including Examples of domestication of the Basel Convention (appendix to the report) and a guide for the development of national legislation - Monitoring of steps taken to achieve full legislative implementation (progress, requests for information, technical assistance and other entities activities) - Mechanism to enable a review of Parties national legal frameworks implementing the Basel Convention (Party self-review followed by Committee review).

24 ICC-12 (abstract) Insurance, bond and guarantee Report on improving the implementation of paragraph 11 of Article 6 of the Basel Convention Document UNEP/CHW/CC.12/10 ICC-12 outcomes: ICC agreed to : -Request the Secretariat to consult the draft guidance with EWG on ESM (5 th meeting on July 2016) and invite Parties to comment by Request the Secretariat to prepare revised draft guidance by for COP- 13 consideration -To include the finalization of the guidance in the ICC proposed POW for

25 Other matters Development of revised MoU between the BRS Secretariat and IMPEL Global workshop on trade control measures, December 2016, CEE region (TBC) BC COP-13: 24 April 5 May 2017

26 THANK YOU!