1. The Basel Convention and its application to ship recycling
Ship Recycling Technology & Knowledge Transfer Workshop
14 – 16 July 2010, Izmir, Turkey

2. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
Adopted on 22 March 1989
Entered into force on 5 May 1992
172 Parties to the Convention as at June 2010, covering the five UN Regional Groups

3. Main Goal of the Convention
To protect, by strict control, human health and the environment against the adverse effects resulting from the generation and management of hazardous wastes
and
other wastes

4. Which means…
Strong controls have to be applied from the moment of generation of hazardous waste to its storage, transport, treatment, reuse, recycling, recovery and final disposal 4

5. Pillars of the Convention
I. Environmentally sound management (ESM) of hazardous wastes and other wastes
II. Regulation of transboundary movement of hazardous wastes and other wastes: “PIC procedure”
AND Control and Enforcement mechanisms (to deliver the above)

6. Basel and the ship recycling issue (1)
On BC agenda since late 1990s
Noted need to improve standard of ship dismantling worldwide
Technical Guidelines on ship dismantling adopted in 2002

7. Basel and the ship recycling issue (2)
Decision VII/26 (COP 7 in 2004):
“a ship may become waste as defined in Article 2 of the Basel Convention and at the same time may be defined as a ship under other international rules” 7

8. Basel and the ship recycling issue (3)
IMO Assembly resolution in 2005: New legally-binding instrument on Ship Recycling
At COP 8 (2006) / COP 9 (2008):
“Invites the IMO to ensure the draft ship recycling convention establishes an equivalent level of control as that established under the Basel Convention…” 8

9. Basel and the ship recycling issue (4)
Parties to carry out a preliminary assessment on whether the Hong Kong Convention establishes an equivalent level of control and enforcement as that established under the Basel Convention after having developed the criteria necessary for such assessment
(Decision IX/30) 9

10. Assessment of Equivalency: The Process (1)
Began in May 2010
Step one - development of criteria:
Taking into account:
The special characteristics of ships and international shipping;
The principles of the Basel Convention and the relevant decisions of the Conference of the Parties;
The comments submitted by Parties and other relevant stakeholders, as appropriate. 10

11. Assessment of Equivalency: The Process (2)
Result - development of criteria in four broad categories:
Scope and applicability
Control
Enforcement
Exchange of information by Parties / cooperation and coordination 11

12. Assessment of Equivalency: The Process (3)
Step two - preliminary assessment
Result - [comments] compiled
Next step - Parties and other relevant stakeholders to:
Review the criteria developed
Identify relevant articles, regulations and decisions in each Convention
Conduct their own preliminary assessments 12

13. Assessment of Equivalency: The Process (4)
October COP 10: assessments submitted “for consideration and action, as appropriate” 13

14. Assessment of Equivalency: Potential Outcomes (1)
Basel Convention Parties may or may not take action following completion of the equivalency process
No action: treaties co-exist
Action: theoretically - COP decision (further work, temporary or final clarification) or amendment to the Basel Convention? 14

15. Assessment of Equivalency: Potential Outcomes (2)
Further considerations:
ships excluded from the Hong Kong Convention
Basel Convention Parties not Parties to the Hong Kong Convention
downstream disposal facilities and management of wastes in an environmentally sound manner
Technical Guidelines and Training Manuals on specific waste streams, treatment technologies, etc. 15

16. Environmentally Sound Management under the Basel Convention
Enhance the implementation and enforcement of the Basel Convention
ESM of downstream waste management
As transposed into national legislation:
Waste management regulations
Hazardous waste regulations
Pakistan national legislation:
Pakistan Environmental Protection Act, 1997
Hazardous Substance Rules
And? 16

17. Downstream waste management
Elements for control
Downstream waste management
WASTE GENERATOR 1 2 5
TRANSPORTATION *
FACILITIES
DEFINITION OR
CLASSIFICATION OF
WASTE
Regulatory Tools for Control
Source: David C Wilson 1999

18. Steps to enhance implementation and enforcement of Basel (1)
I. Legal and institutional framework
Quantify the problem
Quantities of hazardous wastes generated or imported determined through a National Inventory of Hazardous waste
Determine waste policy / strategy
Strengthen / develop national legislation
Model national legislation
Checklist for the legislator 18

19. Steps to enhance implementation and enforcement of Basel (2)
Institutional strengthening
training and awareness raising of those involved in the chain of control and enforcement
regulators, enforcement officers, etc.
Also include relevant stakeholders including waste generators, disposal workers including those handling and transporting waste, etc.
Systems for monitoring, action in case of breach
Traceability of waste management operations – from “generator”, to “transporter”, to “disposer” 19

20. Steps to enhance implementation and enforcement of Basel (3)
II. Infrastructure development
According to needs e.g. incineration, landfill, etc.
Basel Convention technical guidelines for disposal operations and priority waste streams
How to develop?
External funding (donors), public private partnerships… 20

21. For further information
Thank you
For further information
Visit the Basel Convention’s Website:
Tel: [+41 22]
Fax: [+41 22]