1. The Basel Convention and its application to hazardous and other wastes generated onboard ships Multi-country workshop on management of ship dismantling and related hazardous waste 15-16 April 2013, Bratislava, Slovakia Susan Wingfield, Programme Officer UNEP Secretariat of the Basel, Rotterdam & Stockholm Conventions

2. Contents Wastes excluded from the Basel Convention Probo Koala incident Legal analysis Sea-land interface Ongoing work

3. Wastes excluded from the Convention Excluding: Radioactive wastes (subject to other international control systems) (Article 1.3) Wastes which derive from the normal operations of a ship, the discharge of which is covered by another international instrument (Article 1.4)

4. Probo Koala incident 2006 August 2006 Probo Koala incident: –Toxic waste dumped at several sites in Abidjan, Cote d’Ivoire –COP-8 condemned dumping of wastes; technical and financial assistance to be provided to Cote d’Ivoire to implement their emergency response plan (decision VIII/1) –Parties also recognised need to: clarify relationship between BC and MARPOL to identify any gaps between instruments to identify options for addressing such gaps (decision VIII/9)

5. Legal analysis Legal analysis aims at supporting the adoption of a decision, should COP-11 wish to do so, on the application of the BC to wastes generated onboard ships. Issues to be clarified: –The scope of the wastes covered by Article 1, para 4 (“the exclusion clause”) –The application of the obligation to minimize the generation of wastes onboard ships –The application of the obligations related to the control of TBM for wastes generated onboard ships –The application of the obligation to manage wastes generated onboard ships in an ESM

6. Legal analysis (cont.) Initial legal analysis published April 2011 Revised legal analysis presented at BC COP-10, October 2011 Second revised legal analysis presented at BC OEWG-8 (October 2012) taking into account views from Canada, EU and Norway OEWG-8 requested the opportunity for parties and others to provide further comments (by end 2012) and asked Secretariat to prepare a revised legal analysis with conclusions for the consideration of COP-11

7. Legal analysis (cont.) “Wastes which derive from normal operations of a ship, the discharge of which is covered by another international instrument, are excluded from the scope of the Convention” Conclusion of the draft legal analysis: –Wastes which derive from normal operations of a ship… are MARPOL wastes –Not subject to Basel controls – i.e. the minimisation requirement, PIC or ESM –Once the wastes (both MARPOL and non- MARPOL) are off-loaded from the ship: the Basel Convention ESM requirement applies

8. Legal analysis (cont.) For non-MARPOL wastes, PIC procedure applies when: −There is a TBM of non-MARPOL wastes that are hazardous or other wastes −These wastes need to be generated onboard a ship physically located in internal waters (i.e. territorial waters) IMO SOLAS regulations VI/5.2 & VI/5.3 −Blending of bulk liquid cargoes during a sea voyage is prohibited −Production processes (involving a chemical reaction) onboard ships are prohibited during the sea voyage

9. Sea-land interface Requirement for Parties to undertake ESM of hazardous and other wastes exists independently of any TBM taking place Once wastes (both MARPOL and non- MARPOL) are off-loaded from the ship: the Basel Convention ESM requirement applies to their management downstream

10. Ongoing work Requested by Parties to BC, in close cooperation with IMO –To continue to clarify application of BC to wastes generated on board ships for consideration by COP-11 (legal analysis) –Further work on assessing how far BC technical guidelines cover MARPOL wastes –Develop a guidance manual on sea- interface for wastes generated onboard ships

11. For further information Visit the Basel Convention Website: www.basel.int Tel: [+41 22] 917 8406 Fax: [+41 22] 797 3454 Email: susan.wingfield@unep.org