A2 WASTES CONTAINING PRINCIPALLY INORGANIC
CONSTITUENTS, WHICH MAY CONTAIN METALS AND
ORGANIC MATERIALS

A2010 Glass waste from cathode-ray tubes and other activated glasses
A2020 Waste inorganic fluorine compounds in the form of liquids or sludges but excluding such wastes specified on list B
A2030 Waste catalysts but excluding such wastes specified on list B
A2040 Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on list B B2080)
A2050 Waste asbestos (dusts and fibres)
A2060 Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on list B B2050)

A3 WASTES CONTAINING PRINCIPALLY ORGANIC
CONSTITUENTS, WHICH MAY CONTAIN METALS AND
INORGANIC MATERIALS

A3010 Waste from the production or processing of petroleum coke and bitumen
A3020 Waste mineral oils unfit for their originally intended use
A3030 Wastes that contain, consist of or are contaminated with leaded anti-knock compound sludges
A3040 Waste thermal (heat transfer) fluids
A3050 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes specified on list B (note the related entry on list B B4020)
A3060 Waste nitrocellulose
A3070 Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludges
A3080 Waste ethers not including those specified on list B
A3090 Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note the related entry on list B B3100)
A3100 Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides (note the related entry on list B B3090)
A3110 Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the
related entry on list B B3110)
A3120 Fluff – light fraction from shredding
A3130 Waste organic phosphorous compounds
A3140 Waste non-halogenated organic solvents but excluding such wastes specified on list B
A3150 Waste halogenated organic solvents
A3160 Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery
operations
A3170 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and
epichlorhydrin)
A3180 Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more12
A3190 Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials
A3200 Bituminous material (asphalt waste) from road construction and maintenance, containing tar (note the related entry on list B, B2130)

A4 WASTES WHICH MAY CONTAIN EITHER INORGANIC OR
ORGANIC CONSTITUENTS

A4010 Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes
specified on list B
A4020 Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects
A4030 Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides which are off-specification, outdated,13 or unfit for their originally intended use

12 The 50 mg/kg level is considered to be an internationally practical level for all wastes. However, many individual countries have established lower regulatory levels (e.g., 20 mg/ kg) for specific wastes.

13 “Outdated” means unused within the period recommended by the manufacturer.

A4040 Wastes from the manufacture, formulation and use of woodpreserving chemicals14
A4050

Wastes that contain, consist of or are contaminated with any of the following:

• Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic
cyanides

• Organic cyanides

A4060 Waste oils/water, hydrocarbons/water mixtures, emulsions
A4070 Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding any such waste specified on list B (note the related entry on list B B4010)
A4080 Wastes of an explosive nature (but excluding such wastes specified on list B)
A4090 Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related entry on list B B2120)
A4100 Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes specified on list B
A4110

Wastes that contain, consist of or are contaminated with any of the following:

• Any congenor of polychlorinated dibenzo-furan

• Any congenor of polychlorinated dibenzo-P-dioxin

A4120 Wastes that contain, consist of or are contaminated with peroxides

14 This entry does not include wood treated with wood preserving chemicals.

A4130 Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III
hazard characteristics
A4140 Waste consisting of or containing off specification or outdated15 chemicals corresponding to Annex I categories and exhibiting Annex III hazard characteristics
A4150 Waste chemical substances arising from research and development or teaching activities which are not identified and/or are new and whose effects on human health and/or the environment are not known
A4160 Spent activated carbon not included on list B (note the related entry on list B B2060)

15 “Outdated” means unused within the period recommended by the manufacturer.

ANNEX IX16

LIST B

Wastes contained in the Annex will not be wastes covered by Article 1, paragraph 1 (a), of this Convention unless they contain Annex I material to an extent causing them to exhibit an Annex III characteristic.

B1 METAL AND METAL-BEARING WASTES

B1010 Metal and metal-alloy wastes in metallic, non-dispersible form:
• Precious metals (gold, silver, the platinum group,but not mercury)
• Iron and steel scrap
• Copper scrap
• Nickel scrap
• Aluminium scrap
• Zinc scrap
• Tin scrap
• Tungsten scrap
• Molybdenum scrap
• Tantalum scrap
• Magnesium scrap
• Cobalt scrap
• Bismuth scrap

16 The amendment whereby Annex IX was added to the Convention entered into force on 6 November 1998, six months following the issuance of depositary notification C.N.77.1998 (reflecting Decision IV/9 adopted by the Conference of the Parties at its fourth meeting). The amendment to Annex IX whereby new entries were added entered into force on 20 November 2003 (depositary notification C.N.1314.2003), six months following the issuance of depositary notification C.N.399.2003 of 20 May 2003 (reflecting Decision VI/35 adopted by the Conference of the Parties at its sixth meeting). The amendment to Annex IX whereby one entry was added entered into force on 8 October 2005 (depositary notification C.N.1044.2005) six months following the issuance of depositary notification C.N.263.2005 of 8 April 2005 (re-issued on 13 June 2005, reflecting Decision VII/19 adopted by the Conference of the Parties at its seventh meeting). The amendment to Annex IX whereby new entries where added entered into force on 27 May 2014
(depositary notification C.N. 304.2014) six months following the issuance of depositary notification C.N. 965.2013 of 26 November 2013 (reflecting decision BC-11/6 adopted by the Conference of the Parties at its eleventh meeting). The present text includes all amendments.

B1010
  • Titanium scrap
  • Zirconium scrap
  • Manganese scrap
  • Germanium scrap
  • Vanadium scrap
  • Scrap of hafnium, indium, niobium, rhenium and gallium
  • Thorium scrap
  • Rare earths scrap
  • Chromium scrap
B1020

Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc), of:

  • Antimony scrap
  • Beryllium scrap
  • Cadmium scrap
  • Lead scrap (but excluding lead-acid batteries)
  • Selenium scrap
  • Tellurium scrap
B1030 Refractory metals containing residues
B1031  Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic dispersible form (metal powder), excluding such wastes as specified in list A under entry A1050, Galvanic sludges
B1040 Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an extent to render them hazardous
B1050 Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics17

17 Note that even where low level contamination with Annex I materials initially exists, subsequent processes, including recycling processes, may result in separated fractions containing significantly enhanced concentrations of those Annex I materials.

B1060 Waste selenium and tellurium in metallic elemental form including powder
B1070 Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent that they exhibit Annex III characteristics
B1080 Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents in concentration such as to exhibit Annex III characteristics18
B1090 Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury
B1100

Metal-bearing wastes arising from melting, smelting and refining of metals:

  • Hard zinc spelter
  • Zinc-containing drosses:
  • Galvanizing slab zinc top dross (>90% Zn)
  • Galvanizing slab zinc bottom dross (>92% Zn)
  • Zinc die casting dross (>85% Zn)
  • Hot dip galvanizers slab zinc dross (batch)(>92% Zn)
  • Zinc skimmings
  • Aluminium skimmings (or skims) excluding salt slag
  • Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an
    extent that they exhibit Annex III hazard characteristics
  • Wastes of refractory linings, including crucibles,originating from copper smelting
  • Slags from precious metals processing for further refining
  • Tantalum-bearing tin slags with less than 0.5% tin

18 The status of zinc ash is currently under review and there is a recommendation with the United Nations Conference on Trade and Development (UNCTAD) that zinc ashes should not be dangerous goods.

 

B1110

Electrical and electronic assemblies:

  • Electronic assemblies consisting only of metals or alloys
  • Waste electrical and electronic assemblies or scrap19 (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCBcapacitors, or not contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A A1180)
  • Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined
    for direct reuse,20 and not for recycling or final disposal21 B1115 Waste metal cables coated or insulated with plastics, not included in list A A1190, excluding those destined for Annex IVA operations or any other disposal operations involving, at any stage, uncontrolled thermal processes, such as open-burning.
B1115

Waste metal cables coated or insulated with plastics, not included in list A A1190, excluding those destined for Annex IVA operations or any other disposal operations involving, at any stage, uncontrolled thermal processes, such as open-burning.

19 This entry does not include scrap from electrical power generation.
20 Reuse can include repair, refurbishment or upgrading, but not major reassembly.
21 In some countries these materials destined for direct re-use are not considered wastes.

B1120 Spent catalysts excluding liquids used as catalysts, containing any of:
B1130 Cleaned spent precious-metal-bearing catalysts
B1140 Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides
B1150 Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid form with appropriate packaging and labelling
B1160 Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A A1150)
B1170 Precious-metal ash from the incineration of photographic film
B1180 Waste photographic film containing silver halides and metallic silver
B1190 Waste photographic paper containing silver halides and metallic silver
B1200 Granulated slag arising from the manufacture of iron and steel
B1210 Slag arising from the manufacture of iron and steel including slags as a source of TiO2 and vanadium
B1220 Slag from zinc production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g., DIN 4301) mainly for construction
B1230 Mill scaling arising from the manufacture of iron and steel
B1240 Copper oxide mill-scale
B1250 Waste end-of-life motor vehicles, containing neither liquids nor other hazardous components

B2 WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS,
WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS

B2010

Wastes from mining operations in non-dispersible form:

  • Natural graphite waste
  • Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise
  • Mica waste
  • Leucite, nepheline and nepheline syenite waste
  • Feldspar waste
  • Fluorspar waste
  • Silica wastes in solid form excluding those used in foundry operations
B2020

Glass waste in non-dispersible form:

  • Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses
B2030

Ceramic wastes in non-dispersible form:

  • Cermet wastes and scrap (metal ceramic composites)
  • Ceramic based fibres not elsewhere specified or included
B2040

Other wastes containing principally inorganic constituents:

  • Partially refined calcium sulphate produced from flue-gas
    desulphurization (FGD)
  • Waste gypsum wallboard or plasterboard arising from the
    demolition of buildings
  • Slag from copper production, chemically stabilized, having a high iron content (above 20%) and processed according to industrial specifications (e.g., DIN 4301 and DIN 8201) mainly for construction and abrasive applications
  • Sulphur in solid form
  • Limestone from the production of calcium cyanamide (having a pH less than 9)
  • Sodium, potassium, calcium chlorides
  • Carborundum (silicon carbide)
  • Broken concrete
  • Lithium-tantalum and lithium-niobium containing glass scraps
B2050 Coal-fired power plant fly-ash, not included on list A (note the related entry on list A A2060)
B2060 Spent activated carbon not containing any Annex I constituents to the extent they exhibit Annex III characteristics, for example, carbon resulting from the treatment of potable water and processes of the food industry and vitamin production (note the related entry on list A A4160)
B2070 Calcium fluoride sludge
B2080 Waste gypsum arising from chemical industry processes not included on list A (note the related entry on list A A2040)
B2090 Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to normal industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical industry)
B2100 Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials
used for gas cleaning, flocculation or filtration processes
B2110 Bauxite residue (“red mud”) (pH moderated to less than 11.5)
B2120 Waste acidic or basic solutions with a pH greater than 2 and less than 11.5, which are not corrosive or otherwise hazardous (note the related entry on list A A4090)
B2130 Bituminous material (asphalt waste) from road construction and maintenance, not containing tar22 (note the related entry on list A, A3200)

22 The concentration level of Benzol (a) pyrene should not be 50mg/kg or more.

 

B3 WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS,
WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS

B3010 Solid plastic waste:

The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification:

• Scrap plastic of non-halogenated polymers and co-polymers, including but not limited to the following23

– ethylene
– styrene
– polypropylene
– polyethylene terephthalate
– acrylonitrile
– butadiene
– polyacetals
– polyamides
– polybutylene terephthalate
– polycarbonates
– polyethers
– polyphenylene sulphides
– acrylic polymers
– alkanes C10-C13 (plasticiser)
– polyurethane (not containing CFCs)
– polysiloxanes
– polymethyl methacrylate
– polyvinyl alcohol
– polyvinyl butyral
– polyvinyl acetate

23 It is understood that such scraps are completely polymerized.

 

B3010 • Cured waste resins or condensation products including the following:

– urea formaldehyde resins
– phenol formaldehyde resins
– melamine formaldehyde resins
– epoxy resins
– alkyd resins
– polyamides

• The following fluorinated polymer wastes24

– perfluoroethylene/propylene (FEP)
– perfluoro alkoxyl alkane
– tetrafluoroethylene/per fluoro vinyl ether (PFA)
– tetrafluoroethylene/per fluoro methylvinyl ether (MFA)
– polyvinylfluoride (PVF)
– polyvinylidenefluoride (PVDF)

B3020 Paper, paperboard and paper product wastes

The following materials, provided they are not mixed with hazardous wastes:

Waste and scrap of paper or paperboard of:

• unbleached paper or paperboard or of corrugated paper or paperboard
• other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass
• paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed
matter)
• other, including but not limited to 1) laminated paperboard 2) unsorted scrap

24 Post-consumer wastes are excluded from this entry:
– Wastes shall not be mixed
– Problems arising from open-burning practices to be considered

B3026 The following waste from the pre-treatment of composite packaging for liquids, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics:

• Non-separable plastic fraction
• Non-separable plastic-aluminium fraction

B3027 Self-adhesive label laminate waste containing raw materials used in label material production
B3030 Textile wastes

The following materials, provided they are not mixed with other wastes and are prepared to a specification:

• Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock)
– not carded or combed
– other

• Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock
– noils of wool or of fine animal hair
– other waste of wool or of fine animal hair
– waste of coarse animal hair

• Cotton waste (including yarn waste and garnetted stock)
– yarn waste (including thread waste)
– garnetted stock
– other
• Flax tow and waste

• Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.)
• Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie)
• Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave

B3030 • Tow, noils and waste (including yarn waste and garnetted stock) of coconut

• Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee)
• Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not
elsewhere specified or included
• Waste (including noils, yarn waste and garnetted stock) of an-made fibres
– of synthetic fibres
– of artificial fibres

• Worn clothing and other worn textile articles
• Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of
textile materials
– sorted
– other

B3035 Waste textile floor coverings, carpets
B3040 Rubber wastes

The following materials, provided they are not mixed with other wastes:
• Waste and scrap of hard rubber (e.g., ebonite)
• Other rubber wastes (excluding such wastes specified elsewhere)

B3050 Untreated cork and wood waste:

• Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
• Cork waste: crushed, granulated or ground cork

B3060 Wastes arising from agro-food industries provided it is not infectious:
• Wine lees
• Dried and sterilized vegetable waste, residues and byproducts, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included
• Degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes
• Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised
• Fish waste
• Cocoa shells, husks, skins and other cocoa waste
• Other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption
B3065 Waste edible fats and oils of animal or vegetable origin (e.g. frying oils), provided they do not exhibit an Annex III characteristic
B3070 The following wastes:
• Waste of human hair
• Waste straw
• Deactivated fungus mycelium from penicillin production to be used as animal feed
B3080 Waste parings and scrap of rubber
B3090 Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry on list A A3100)
B3100 Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the related entry on list A A3090)
B3110 Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list A A3110)
B3120 Wastes consisting of food dyes
B3130 Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides
B3140 Waste pneumatic tyres, excluding those destined for Annex IVA operations

B4 WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC
CONSTITUENTS

B4010 Wastes consisting mainly of water-based/latex paints, inks and hardened varnishes not containing organic solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A A4070)
B4020 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives, not listed on list A, free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g., water-based, or glues based on casein, starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list A A3050)
B4030 Used single-use cameras, with batteries not included on list A

PROTOCOL ON LIABILITY AND
COMPENSATION FOR DAMAGE RESULTING
FROM TRANSBOUNDARY MOVEMENTS OF
HAZARDOUS WASTES AND THEIR DISPOSAL

The Parties to the Protocol,

Having taken into account the relevant provisions of Principle 13 of the 1992 Rio Declaration on Environment and Development, according to which States shall develop international and national legal instruments regarding liability and compensation for the victims of pollution and other environmental damage,

Being Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal,

Mindful of their obligations under the Convention,

Aware of the risk of damage to human health, property and the environment caused by hazardous wastes and other wastes and the transboundary movement and disposal thereof,

Concerned about the problem of illegal transboundary traffic in hazardous wastes and other wastes,

Committed to Article 12 of the Convention, and emphasizing the need to set out appropriate rules and procedures in the field of liability and compensation for damage resulting from the transboundary movement and disposal of hazardous wastes and other wastes,

Convinced of the need to provide for third party liability and environmental liability in order to ensure that adequate and prompt compensation is available for damage resulting from the transboundary
movement and disposal of hazardous wastes and other wastes,

Have agreed as follows:

ARTICLE 1

Objective

The objective of the Protocol is to provide for a comprehensive regime for liability and for adequate and prompt compensation for damage resulting from the transboundary movement of hazardous wastes and other wastes and their disposal including illegal traffic in those wastes.

ARTICLE 2

Definitions

1. The definitions of terms contained in the Convention apply to the Protocol, unless expressly provided otherwise in the Protocol.

2. For the purposes of the Protocol:

(a) “The Convention” means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

(b) “Hazardous wastes and other wastes” means hazardous wastes and other wastes within the meaning of Article 1 of the Convention;

(c) “Damage” means:

(i) Loss of life or personal injury;

(ii) Loss of or damage to property other than property held by the person liable in accordance with the present Protocol;

(iii) Loss of income directly deriving from an economic interest in any use of the environment, incurred as a result of impairment of the environment, taking into account savings and costs;

(iv) The costs of measures of reinstatement of the impaired environment, limited to the costs of measures actually taken or to be undertaken; and

(v) The costs of preventive measures, including any loss or damage caused by such measures, to the extent that the
damage arises out of or results from hazardous properties of the wastes involved in the transboundary movement and
disposal of hazardous wastes and other wastes subject to the Convention;

(d) “Measures of reinstatement” means any reasonable measures aiming to assess, reinstate or restore damaged or destroyed components of the environment. Domestic law may indicate who will be entitled to take such measures;

(e) “Preventive measures” means any reasonable measures taken by any person in response to an incident, to prevent, minimize, or mitigate loss or damage, or to effect environmental clean-up;

(f ) “Contracting Party” means a Party to the Protocol;

(g) “Protocol” means the present Protocol;

(h) “Incident” means any occurrence, or series of occurrences having the same origin that causes damage or creates a grave and imminent threat of causing damage;

(i) “Regional economic integration organization” means an organization constituted by sovereign States to which its member States have transferred competence in respect of matters governed by the Protocol and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve, formally confirm or accede to it;

(j) “Unit of account” means the Special Drawing Right as defined by the International Monetary Fund.

ARTICLE 3
Scope of application

1. The Protocol shall apply to damage due to an incident occurring during a transboundary movement of hazardous wastes and other wastes and their disposal, including illegal traffic, from the point where the wastes are loaded on the means of transport in an area under the national jurisdiction of a State of export. Any Contracting Party may by way of notification to the Depositary exclude the application of the Protocol, in respect of all transboundary movements for which it is the State of export, for such incidents which occur in an area under its national jurisdiction, as regards damage in its area of national jurisdiction. The Secretariat shall inform all Contracting Parties of notifications received in accordance with this Article.

2. The Protocol shall apply:

(a) In relation to movements destined for one of the operations specified in Annex IV to the Convention other than D13, D14, D15, R12 or R13, until the time at which the notification of completion of disposal pursuant to Article 6, paragraph 9, of the Convention has occurred, or, where such notification has not been made, completion of disposal has occurred; and

(b) In relation to movements destined for the operations specified in D13, D14, D15, R12 or R13 of Annex IV to the Convention, until completion of the subsequent disposal operation specified in D1 to D12 and R1 to R11 of Annex IV to the Convention.

3. (a) The Protocol shall apply only to damage suffered in an area under the national jurisdiction of a Contracting Party arising from an incident as referred to in paragraph 1;

(b) When the State of import, but not the State of export, is a Contracting Party, the Protocol shall apply only with respect to damage arising from an incident as referred to in paragraph 1 which takes place after the moment at which the disposer has taken possession of the hazardous wastes and other wastes. When the State of export, but not the State of import, is a Contracting Party, the Protocol shall apply only with respect to damage arising from an incident as referred to in paragraph 1 which takes place prior to the moment at which the disposer takes possession of the hazardous wastes and other wastes. When neither the State of export nor the State of import is a Contracting Party, the Protocol shall not apply;

(c) Notwithstanding subparagraph (a), the Protocol shall also apply to the damages specified in Article 2, subparagraphs 2 (c) (i), (ii) and (v), of the Protocol occurring in areas beyond any national
jurisdiction;

(d) Notwithstanding subparagraph (a), the Protocol shall, in relation to rights under the Protocol, also apply to damages suffered in an area under the national jurisdiction of a State of transit which is not a Contracting Party provided that such State appears in Annex A and has acceded to a multilateral or regional agreement concerning transboundary movements of hazardous waste which is in force. Subparagraph (b) will apply mutatis mutandis.

4. Notwithstanding paragraph 1, in case of re-importation under Article 8 or Article 9, subparagraph 2 (a), and Article 9, paragraph 4, of the Convention, the provisions of the Protocol shall apply until the hazardous wastes and other wastes reach the original State of export.

5. Nothing in the Protocol shall affect in any way the sovereignty of States over their territorial seas and their jurisdiction and the right in their respective exclusive economic zones and continental shelves in accordance with international law.

6. Notwithstanding paragraph 1 and subject to paragraph 2 of this
Article:

(a) The Protocol shall not apply to damage that has arisen from a transboundary movement of hazardous wastes and other wastes that has commenced before the entry into force of the Protocol for the Contracting Party concerned;
(b) The Protocol shall apply to damage resulting from an incident occurring during a transboundary movement of wastes falling under Article 1, subparagraph 1 (b), of the Convention only if those wastes have been notified in accordance with Article 3 of the Convention by the State of export or import, or both, and the damage arises in an area under the national jurisdiction of a State, including a State of transit, that has defined or considers those
wastes as hazardous provided that the requirements of Article 3 of the Convention have been met. In this case strict liability shall bechannelled in accordance with Article 4 of the Protocol.

7. (a) The Protocol shall not apply to damage due to an incident occurring during a transboundary movement of hazardous wastes and other wastes and their disposal pursuant to a bilateral, multilateral or regional agreement or arrangement concluded and notified in accordance with Article 11 of the Convention if:

(i) The damage occurred in an area under the national jurisdiction of any of the Parties to the agreement or arrangement;

(ii) There exists a liability and compensation regime, which is in force and is applicable to the damage resulting from such a transboundary movement or disposal provided it fully meets, or exceeds the objective of the Protocol by providing a high level of protection to persons who have suffered damage;

(iii) The Party to the Article 11 agreement or arrangement in which the damage has occurred has previously notified the Depositary of the non-application of the Protocol to any damage occurring in an area under its national jurisdiction due to an incident resulting from movements or disposals referred to in this subparagraph; and

(iv) The Parties to the Article 11 agreement or arrangement have not declared that the Protocol shall be applicable;

(b) In order to promote transparency, a Contracting Party that has notified the Depositary of the non-application of the Protocol shall notify the Secretariat of the applicable liability and compensation regime referred to in subparagraph (a) (ii) and include a description of the regime. The Secretariat shall submit to the Meeting of the Parties, on a regular basis, summary reports on the notifications received;

(c) After a notification pursuant to subparagraph (a) (iii) is made, actions for compensation for damage to which subparagraph (a) (i) applies may not be made under the Protocol.

8. The exclusion set out in paragraph 7 of this Article shall neither affect any of the rights or obligations under the Protocol of a Contracting Party which is not party to the agreement or arrangement mentioned above, nor shall it affect rights of States of transit which are not Contracting Parties.

9. Article 3, paragraph 2, shall not affect the application of Article 16 to all Contracting Parties.

ARTICLE 4
Strict liability

1. The person who notifies in accordance with Article 6 of the Convention,shall be liable for damage until the disposer has taken possession of the hazardous wastes and other wastes. Thereafter the disposer shall be liable
for damage. If the State of export is the notifier or if no notification has taken place, the exporter shall be liable for damage until the disposer has taken possession of the hazardous wastes and other wastes. With respect
to Article 3, subparagraph 6 (b), of the Protocol, Article 6, paragraph 5, of the Convention shall apply mutatis mutandis. Thereafter the disposer shall be liable for damage.

2. Without prejudice to paragraph 1, with respect to wastes under Article 1, subparagraph 1 (b), of the Convention that have been notified as hazardous by the State of import in accordance with Article 3 of the Convention but not by the State of export, the importer shall be liable until the disposer has taken possession of the wastes, if the State of import is the notifier or if no notification has taken place. Thereafter the disposer shall be liable for damage.

3. Should the hazardous wastes and other wastes be re-imported in accordance with Article 8 of the Convention, the person who notified shall be liable for damage from the time the hazardous wastes leave the disposal site, until the wastes are taken into possession by the exporter, if applicable, or by the alternate disposer.

4. Should the hazardous wastes and other wastes be re-imported under Article 9, subparagraph 2 (a), or Article 9, paragraph 4, of the Convention, subject to Article 3 of the Protocol, the person who re-imports shall be held liable for damage until the wastes are taken into possession by the exporter if applicable, or by the alternate disposer.

5. No liability in accordance with this Article shall attach to the person referred to in paragraphs 1 and 2 of this Article, if that person proves that the damage was:

(a) The result of an act of armed conflict, hostilities, civil war or insurrection;

(b) The result of a natural phenomenon of exceptional, inevitable,unforeseeable and irresistible character;

(c) Wholly the result of compliance with a compulsory measure of a public authority of the State where the damage occurred; or

(d) Wholly the result of the wrongful intentional conduct of a third party, including the person who suffered the damage.

6. If two or more persons are liable according to this Article, the claimant shall have the right to seek full compensation for the damage from any or all of the persons liable.

ARTICLE 5
Fault-based liability

Without prejudice to Article 4, any person shall be liable for damage caused or contributed to by his lack of compliance with the provisions implementing the Convention or by his wrongful intentional, reckless or negligent acts or omissions. This Article shall not affect the domestic law of the Contracting Parties governing liability of servants and agents.

ARTICLE 6
Preventive measures

1. Subject to any requirement of domestic law any person in operational control of hazardous wastes and other wastes at the time of an incident shall take all reasonable measures to mitigate damage arising therefrom.

2. Notwithstanding any other provision in the Protocol, any person in possession and/or control of hazardous wastes and other wastes for the sole purpose of taking preventive measures, provided that this person acted reasonably and in accordance with any domestic law regarding preventive measures, is not thereby subject to liability under the Protocol.

ARTICLE 7
Combined cause of the damage

1. Where damage is caused by wastes covered by the Protocol and wastes not covered by the Protocol, a person otherwise liable shall only be liable according to the Protocol in proportion to the contribution made by the wastes covered by the Protocol to the damage.

2. The proportion of the contribution to the damage of the wastes referred to in paragraph 1 shall be determined with regard to the volume and properties of the wastes involved, and the type of damage occurring.

3. In respect of damage where it is not possible to distinguish between the contribution made by wastes covered by the Protocol and wastes not covered by the Protocol, all damage shall be considered to be covered by the Protocol.

ARTICLE 8
Right of recourse

1. Any person liable under the Protocol shall be entitled to a right of recourse in accordance with the rules of procedure of the competent court:

(a) Against any other person also liable under the Protocol; and

(b) As expressly provided for in contractual arrangements.

2. Nothing in the Protocol shall prejudice any rights of recourse to which the person liable might be entitled pursuant to the law of the competent court.

ARTICLE 9
Contributory fault

Compensation may be reduced or disallowed if the person who suffered the damage, or a person for whom he is responsible under the domestic law, by his own fault, has caused or contributed to the damage having regard to all circumstances.

ARTICLE 10
Implementation

1. The Contracting Parties shall adopt the legislative, regulatory and administrative measures necessary to implement the Protocol.

2. In order to promote transparency, Contracting Parties shall inform the Secretariat of measures to implement the Protocol, including any limits of liability established pursuant to paragraph 1 of Annex B.

3. The provisions of the Protocol shall be applied without discrimination based on nationality, domicile or residence.

ARTICLE 11
Conflicts with other liability and compensation agreements

Whenever the provisions of the Protocol and the provisions of a bilateral, multilateral or regional agreement apply to liability and compensation for damage caused by an incident arising during the same portion of a transboundary movement, the Protocol shall not apply provided the other agreement is in force for the Party or Parties concerned and had been opened for signature when the Protocol was opened for signature, even if the agreement was amended afterwards.

ARTICLE 12
Financial limits

1. Financial limits for the liability under Article 4 of the Protocol are specified in Annex B to the Protocol. Such limits shall not include any interest or costs awarded by the competent court.

2. There shall be no financial limit on liability under Article 5.

ARTICLE 13
Time limit of liability

1. Claims for compensation under the Protocol shall not be admissible unless they are brought within ten years from the date of the incident.

2. Claims for compensation under the Protocol shall not be admissible unless they are brought within five years from the date the claimant knew or ought reasonably to have known of the damage provided that the time limits established pursuant to paragraph 1 of this Article are not exceeded.

3. Where the incident consists of a series of occurrences having the same origin, time limits established pursuant to this Article shall run from the date of the last of such occurrences. Where the incident consists of a continuous occurrence, such time limits shall run from the end of that continuous occurrence.

ARTICLE 14
Insurance and other financial guarantees

1. The persons liable under Article 4 shall establish and maintain during the period of the time limit of liability, insurance, bonds or other financial guarantees covering their liability under Article 4 of the Protocol
for amounts not less than the minimum limits specified in paragraph 2 of Annex B. States may fulfil their bligation under this paragraph by a declaration of self-insurance. Nothing in this paragraph shall prevent the use of deductibles or co-payments as between the insurer and the insured, but the failure of the insured to pay any deductible or co-payment shall not be a defence against the person who has suffered the damage.

2. With regard to the liability of the notifier, or exporter under Article 4, paragraph 1, or of the importer under Article 4, aragraph 2, insurance, bonds or other financial guarantees referred to in paragraph 1 of this Article shall only be drawn upon in order to provide compensation for damage covered by Article 2 of the Protocol.

3. A document reflecting the coverage of the liability of the notifier or exporter under Article 4, paragraph 1, or of the importer under Article 4, paragraph 2, of the Protocol shall accompany the notification referred to in Article 6 of the Convention. Proof of coverage of the liability of the disposer shall be delivered to the competent authorities of the State of import.

4. Any claim under the Protocol may be asserted directly against any person providing insurance, bonds or other financial guarantees. Theinsurer or the person providing the financial guarantee shall have the right to require the person liable under Article 4 to be joined in the proceedings. Insurers and persons providing financial guarantees may invoke the defences which the person liable under Article 4 would be entitled to invoke.

5. Notwithstanding paragraph 4, a Contracting Party shall, by notification to the Depositary at the time of signature, ratification, or approval of, or accession to the Protocol, indicate if it does not provide for a right to bring a direct action pursuant to paragraph 4. The Secretariat shall maintain arecord of the Contracting Parties who have given notification pursuantto this paragraph.

ARTICLE 15
Financial mechanism

1. Where compensation under the Protocol does not cover the costs of damage, additional and supplementary measures aimed at ensuring adequate and prompt compensation may be taken using existing mechanisms.

2. The Meeting of the Parties shall keep under review the need for and possibility of improving existing mechanisms or establishing a new mechanism.

ARTICLE 16
State responsibility

The Protocol shall not affect the rights and obligations of the Contracting Parties under the rules of general international law with respect to State responsibility.

PROCEDURES
ARTICLE 17

Competent courts

1. Claims for compensation under the Protocol may be brought in the courts of a Contracting Party only where either:

(a) The damage was suffered; or

(b) The incident occurred; or

(c) The defendant has his habitual residence, or has his principal place of business.

2. Each Contracting Party shall ensure that its courts possess the necessary competence to entertain such claims for compensation.

ARTICLE 18
Related actions

1. Where related actions are brought in the courts of different Parties, any court other than the court first seized may, while the actions are pending at first instance, stay its proceedings.

2. A court may, on the application of one of the Parties, decline jurisdiction if the law of that court permits the consolidation of related actions and another court has jurisdiction over both actions.

3. For the purpose of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgements resulting from separate proceedings.

ARTICLE 19
Applicable law

All matters of substance or procedure regarding claims before the competent court which are not specifically regulated in the Protocol shall be governed by the law of that court including any rules of such law relating to conflict of laws.

 

ARTICLE 20
Relation between the Protocol and the law of the competent court

1. Subject to paragraph 2, nothing in the Protocol shall be construed as limiting or derogating from any rights of persons who have suffered damage, or as limiting the protection or reinstatement of the environment
which may be provided under domestic law.

2. No claims for compensation for damage based on the strict liability of the notifier or the exporter liable under Article 4, paragraph 1, or the importer liable under Article 4, paragraph 2, of the Protocol, shall be
made otherwise than in accordance with the Protocol.

ARTICLE 21
Mutual recognition and enforcement of judgements

1. Any judgement of a court having jurisdiction in accordance with Article 17 of the Protocol, which is enforceable in the State of origin and is no longer subject to ordinary forms of review, shall be recognized in any Contracting Party as soon as the formalities required in that Party have been completed, except:

(a) Where the judgement was obtained by fraud;

(b) Where the defendant was not given reasonable notice and a fair opportunity to present his case;

(c) Where the judgement is irreconcilable with an earlier judgement validly pronounced in another Contracting Party with regard to the same cause of action and the same parties; or

(d) Where the judgement is contrary to the public policy of the Contracting Party in which its recognition is sought.

2. A judgement recognized under paragraph 1 of this Article shall be enforceable in each Contracting Party as soon as the formalities required in that Party have been completed. The formalities shall not permit the merits of the case to be re-opened.

3. The provisions of paragraphs 1 and 2 of this Article shall not apply between Contracting Parties that are Parties to an agreement or arrangement in force on mutual recognition and enforcement of judgements under which the judgement would be recognizable and enforceable.

ARTICLE 22
Relationship of the Protocol with the Basel Convention

Except as otherwise provided in the Protocol, the provisions of the Convention relating to its Protocols shall apply to the Protocol.

ARTICLE 23
Amendment of Annex B

1. At its sixth meeting, the Conference of the Parties to the Basel Convention may amend paragraph 2 of Annex B following the procedure set out in Article 18 of the Basel Convention.

2. Such an amendment may be made before the Protocol enters into force.

FINAL CLAUSES

ARTICLE 24
Meeting of the Parties

1. A Meeting of the Parties is hereby established. The Secretariat shall convene the first Meeting of the Parties in conjunction with the first meeting of the Conference of the Parties to the Convention after entry into force of the Protocol.

2. Subsequent ordinary Meetings of the Parties shall be held in conjunction with meetings of the Conference of the Parties to the Convention unless the Meeting of the Parties decides otherwise. Extraordinary Meetings of the Parties shall be held at such other times as may be deemed necessary by a Meeting of the Parties, or at the written
request of any Contracting Party, provided that within six months of such a request being communicated to them by the Secretariat, it is supported by at least one third of the Contracting Parties.

3. The Contracting Parties, at their first meeting, shall adopt by consensus rules of procedure for their meetings as well as financial rules.

4. The functions of the Meeting of the Parties shall be:

(a) To review the implementation of and compliance with the Protocol;

(b) To provide for reporting and establish guidelines and procedures for such reporting where necessary;

(c) To consider and adopt, where necessary, proposals for amendment of the Protocol or any annexes and for any new annexes; and

(d) To consider and undertake any additional action that may be required for the purposes of the Protocol.

ARTICLE 25
Secretariat

1. For the purposes of the Protocol, the Secretariat shall:

(a) Arrange for and service Meetings of the Parties as provided for in Article 24;

(b) Prepare reports, including financial data, on its activities carried out in implementation of its functions under the Protocol and present them to the Meeting of the Parties;

(c) Ensure the necessary coordination with relevant international bodies, and in particular enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions;
(d) Compile information concerning the national laws and administrative provisions of Contracting Parties implementing the Protocol;

(e) Cooperate with Contracting Parties and with relevant and competent international organisations and agencies in the provision of experts and equipment for the purpose of rapid assistance to States in the event of an emergency situation;

(f ) Encourage non-Parties to attend the Meetings of the Parties as observers and to act in accordance with the provisions of the Protocol; and

(g) Perform such other functions for the achievement of the purposes of this Protocol as may be assigned to it by the Meetings of the Parties. 2. The secretariat functions shall be carried out by the Secretariat of the Basel Convention.

ARTICLE 26
Signature

The Protocol shall be open for signature by States and by regional economic integration organizations Parties to the Basel Convention in Berne at the Federal Department of Foreign Affairs of Switzerland from 6 to 17 March 2000 and at United Nations Headquarters in New York from 1 April to 10 December 2000.

ARTICLE 27
Ratification, acceptance, formal confirmation or approval

1. The Protocol shall be subject to ratification, acceptance or approval by States and to formal confirmation or approval by regional 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 of this Article which becomes a Contracting Party without any of its member States being a Contracting Party shall be bound by all the obligations under the Protocol. In the case of such organizations, one or more of whose member States is a Contracting Party, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Protocol. In such cases, the organization and the member States shall not be entitled to exercise rights under the Protocol concurrently.

 

3. In their instruments of formal confirmation or approval, the organizations referred to in paragraph 1 of this Article shall declare the extent of their competence with respect to the matters governed by the Protocol. These organizations shall also inform the Depositary, who will inform the Contracting Parties, of any substantial modification in the extent of their competence.

ARTICLE 28
Accession

1. The Protocol shall be open for accession by any States and by any regional economic integration organization Party to the Basel Convention which has not signed the Protocol. The instruments of accession shall be deposited with the Depositary.

2. In their instruments of accession, the organizations referred to in paragraph 1 of this Article shall declare the extent of their competence with respect to the matters governed by the Protocol. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence.

3. The provisions of Article 27, paragraph 2, shall apply to regional economic integration organizations which accede to the Protocol.

ARTICLE 29
Entry into force

1. The Protocol 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 regional economic integration organization which ratifies, accepts, approves or formally confirms the Protocol or accedes thereto after the date of the deposit of the twentieth instrument of ratification, acceptance, approval, formal confirmation or accession, it shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval, formal confirmation or accession.

3. For the purpose of paragraphs 1 and 2 of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such
organization.

ARTICLE 30
Reservations and declarations

1. No reservation or exception may be made to the Protocol. For the purposes of the Protocol, notifications according to Article 3, paragraph 1, Article 3, paragraph 6, or Article 14, paragraph 5, shall not be regarded
as reservations or exceptions.

2. Paragraph 1 of this Article does not preclude a State or a regional economic integration organization, when signing, ratifying, accepting, approving, formally confirming or acceding to the Protocol, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of the Protocol, provided that such declarations or statements do not purport to exclude or to modify the legal effects of the provisions of the Protocol in their application to that State or that organization.

ARTICLE 31
Withdrawal

1. At any time after three years from the date on which the Protocol has entered into force for a Contracting Party, that Contracting Party may withdraw from the Protocol by giving written notification to the Depositary.
2. Withdrawal shall be effective one year from receipt of notification by the Depositary, or on such later date as may be specified in the notification.

ARTICLE 32
Depositary

The Secretary-General of the United Nations shall be the Depositary of the Protocol.

ARTICLE 33
Authentic texts

The original Arabic, Chinese, English, French, Russian and Spanish texts of the Protocol are equally authentic.

ANNEX A

LIST OF STATES OF TRANSIT AS REFERRED TO IN

ARTICLE 3, SUBPARAGRAPH 3 (D)

1. Antigua and Barbuda
2. Bahamas
3. Bahrain
4. Barbados
5. Cape Verde
6. Comoros
7. Cook Islands
8. Cuba
9. Cyprus
10. Dominica
11. Dominican Republic
12. Fiji
13. Grenada
14. Haiti
15. Jamaica
16. Kiribati
17. Maldives
18. Malta
19. Marshall Islands
20. Mauritius
21. Micronesia (Federated States of )
22 Nauru
23. Netherlands, on behalf of Aruba, and the Netherlands Antilles
24. New Zealand, on behalf of Tokelau
25. Niue
26. Palau
27. Papua New Guinea
28. Samoa
29. Sao Tome and Principe
30. Seychelles
31. Singapore
32. Solomon Islands
33. St. Lucia
34. St. Kitts and Nevis
35. St. Vincent and the Grenadines
36. Tonga
37. Trinidad and Tobago
38. Tuvalu
39. Vanuatu

ANNEX B
FINANCIAL LIMITS

1. Financial limits for the liability under Article 4 of the Protocol shall be determined by domestic law.

2. The limits of liability shall:

(a) For the notifier, exporter or importer, for any one incident, be not less than:

(i) 1 million units of account for shipments up to and including 5 tonnes;

(ii) 2 million units of account for shipments exceeding 5 tonnes, up to and including 25 tonnes;

(iii) 4 million units of account for shipments exceeding 25 tonnes, up to and including 50 tonnes;

(iv) 6 million units of account for shipments exceeding 50 tonnes, up to and including to 1,000 tonnes;

(v) 10 million units of account for shipments exceeding 1,000 tonnes, up to and including 10,000 tonnes;

(vi) Plus an additional 1,000 units of account for each additional tonne up to a maximum of 30 million units of account;

(b) For the disposer, for any one incident, be not less than 2 million units of account for any one incident.

3. The amounts referred to in paragraph 2 shall be reviewed by the Contracting Parties on a regular basis taking into account, inter alia, the potential risks posed to the environment by the movement of hazardous wastes and other wastes and their disposal, recycling, and the nature, quantity and hazardous properties of the wastes.

 
 

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