The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal was designed to eliminate the risks from transboundary movements of hazardous and other waste.
Article 6 No 1 of the Convention states: ‘The State of export shall not allow the generator or exporter to commence the transboundary movement until it has received written confirmation that: (a) the notifier has received the written consent of the State of import; and (b) the notifier has received from the State of import confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question.'
In its initial version, the Convention covered several categories of waste, including waste collected from households, but did not include the movement of solid plastic waste (including scrap plastic of non-halogenated polymers and co-polymers, cured waste resins or condensation products, and fluorinated polymer wastes) as listed in B3010 of Annex IX.
Table 1 shows the status of adoption of the Basel Convention by the ASEAN+3 countries.
Country | Status of Adoption (date)* | |||
Signature | Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | 16 December 2002 | - |
Cambodia | - | - | 02 March 2001 | - |
Indonesia | - | - | 20 September 1993 | - |
Lao PDR | - | - | 21 September 2010 | - |
Malaysia | - | - | 08 October 1993 | - |
Myanmar | - | - | - | 06 January 2015 |
Singapore | - | - | 02 January 1996 | - |
Thailand | 22 March 1990 | 24 November 1997 | - | - |
The Philippines | 22 March 1989 | 21 October 1993 | - | - |
Viet Nam | - | - | 13 March 1995 | - |
China | 22 March 1990 | 17 December 1991 | - | - |
Japan | - | - | 17 September 1993 | - |
Republic of Korea | - | - | 28 February 1994 | - |
* Signature authenticates and expresses the willingness to ratify or accept. Ratification defines the international act whereby a state indicates its consent to be bound to a treaty. Accession is the act whereby a state accepts the offer or opportunity to be bound to a treaty which has been negotiated and signed by other states. Acceptance has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, Acceptance is used instead of Ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: UN (1989).
The Ban Amendment was adopted in 1995 by the third meeting of the Conference of the Parties. It provides the prohibition by each party included in the proposed Annex VII (parties and other states which are members of the Organisation for Economic Co-operation and Development, the European Community, Liechtenstein) of all transboundary movements of certain hazardous wastes intended for final disposal, as well as destined for reuse, recycling, or recovery operations, to states not listed in Annex VII. The Ban Amendment should enter into force between parties who have accepted it on the 90th day after receipt by the depositary of their instrument of ratification, approval, formal confirmation, or acceptance by at least three-quarters of the parties who accepted the Amendment. Table 2 lists the status of adoption of the amendment by ASEAN+3 countries.
Country | Status of Adoption (date)* | ||
Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | 16 December 2002 |
Cambodia | - | - | - |
Indonesia | 24 October 2005 | - | - |
Lao PDR | - | - | - |
Malaysia | 26 October 2001 | - | |
Myanmar | - | - | - |
Singapore | - | - | - |
Thailand | - | - | - |
The Philippines | - | - | - |
Viet Nam | - | - | - |
China | 01 May 2001 | - | - |
Japan | - | - | - |
Republic of Korea | - | - | - |
* Signature authenticates and expresses the willingness to ratify or accept. Ratification defines the international act whereby a state indicates its consent to be bound to a treaty. Accession is the act whereby a state accepts the offer or opportunity to be bound to a treaty which has been negotiated and signed by other states. Acceptance has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, Acceptance is used instead of Ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: UN (1995).
The Fourteenth Conference of Parties of the Basel Convention, held on 14 May 2019, amended Annexes II, VIII, and IX of the Convention. Y 48, on plastic waste that is a mixture of multiple types of plastics and/or contaminated with other kind of waste, was added to Annex II, which classifies waste requiring special consideration. Mixtures of plastic waste, consisting of polyethylene, polypropylene, and/or polyethylene terephthalate were excluded from Annex II. Added to Annex VIII (list of hazardous waste) was listing A3210, which concerns plastic waste, including mixtures of such waste containing or contaminated with Annex I constituents to an extent they exhibit an Annex III characteristic. In Annex IX, which lists waste not under control of the Basel convention, B3011 is replaced with B3010. B3010 states as follows:
Plastic waste listed below, provided it is destined for recycling in an environmentally sound manner and almost free from contamination and other types of waste
Plastic waste almost exclusively consisting of one non-halogenated polymer, including but not limited to the following polymers:
Polyethylene (PE)
Polypropylene (PP)
Polystyrene (PS)
Acrylonitrile butadiene styrene (ABS)
Polyethylene terephthalate (PET)
Polycarbonates (PC)
Polyethers
Plastic waste almost exclusively consisting of one cured resin or condensation product, including but not limited to the following resins:
Urea formaldehyde resins
Phenol formaldehyde resins
Melamine formaldehyde resins
Epoxy resins
Alkyd resins
Plastic waste almost exclusively consisting of one of the following fluorinated polymers:
Perfluoroethylene/propylene (FEP)
Perfluoroalkoxy alkanes:
Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)
Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)
Polyvinylfluoride (PVF)
Polyvinylidenefluoride (PVDF)
Mixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate (PET), provided they are destined for separate recycling of each material and in an environmentally sound manner, and almost free from contamination and other types of waste.
The amendment will be effective in January 2021.
Basel Convention (2019), BC-14/12: Amendments to Annexes II, VIII and IX to the Basel Convention. http://www.basel.int/TheConvention/ConferenceoftheParties/ReportsandDecisions/tabid/3303/ctl/Download/mid/22087/Default.aspx?id=7&ObjID=22064 (accessed 24 October 2019).
United Nations (UN) (1980), Vienna Convention on the law of treaties (with annex). UN. https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-english.pdf (accessed 24 October 2019).
United Nations (UN) (1989), Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-3&chapter=27&clang=_en (accessed 24 October 2019).
United Nations (UN) (1995), Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-3-a&chapter=27&clang=_en (accessed 24 October 2019).
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal was designed to eliminate the risks from transboundary movements of hazardous and other waste.
Article 6 No 1 of the Convention states: ‘The State of export shall not allow the generator or exporter to commence the transboundary movement until it has received written confirmation that: (a) the notifier has received the written consent of the State of import; and (b) the notifier has received from the State of import confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question.'
In its initial version, the Convention covered several categories of waste, including waste collected from households, but did not include the movement of solid plastic waste (including scrap plastic of non-halogenated polymers and co-polymers, cured waste resins or condensation products, and fluorinated polymer wastes) as listed in B3010 of Annex IX.
Table 1 shows the status of adoption of the Basel Convention by the ASEAN+3 countries.
Country | Status of Adoption (date)* | |||
Signature | Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | 16 December 2002 | - |
Cambodia | - | - | 02 March 2001 | - |
Indonesia | - | - | 20 September 1993 | - |
Lao PDR | - | - | 21 September 2010 | - |
Malaysia | - | - | 08 October 1993 | - |
Myanmar | - | - | - | 06 January 2015 |
Singapore | - | - | 02 January 1996 | - |
Thailand | 22 March 1990 | 24 November 1997 | - | - |
The Philippines | 22 March 1989 | 21 October 1993 | - | - |
Viet Nam | - | - | 13 March 1995 | - |
China | 22 March 1990 | 17 December 1991 | - | - |
Japan | - | - | 17 September 1993 | - |
Republic of Korea | - | - | 28 February 1994 | - |
* Signature authenticates and expresses the willingness to ratify or accept. Ratification defines the international act whereby a state indicates its consent to be bound to a treaty. Accession is the act whereby a state accepts the offer or opportunity to be bound to a treaty which has been negotiated and signed by other states. Acceptance has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, Acceptance is used instead of Ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: UN (1989).
The Ban Amendment was adopted in 1995 by the third meeting of the Conference of the Parties. It provides the prohibition by each party included in the proposed Annex VII (parties and other states which are members of the Organisation for Economic Co-operation and Development, the European Community, Liechtenstein) of all transboundary movements of certain hazardous wastes intended for final disposal, as well as destined for reuse, recycling, or recovery operations, to states not listed in Annex VII. The Ban Amendment should enter into force between parties who have accepted it on the 90th day after receipt by the depositary of their instrument of ratification, approval, formal confirmation, or acceptance by at least three-quarters of the parties who accepted the Amendment. Table 2 lists the status of adoption of the amendment by ASEAN+3 countries.
Country | Status of Adoption (date)* | ||
Ratification | Accession | Acceptance | |
Brunei Darussalam | - | - | 16 December 2002 |
Cambodia | - | - | - |
Indonesia | 24 October 2005 | - | - |
Lao PDR | - | - | - |
Malaysia | 26 October 2001 | - | |
Myanmar | - | - | - |
Singapore | - | - | - |
Thailand | - | - | - |
The Philippines | - | - | - |
Viet Nam | - | - | - |
China | 01 May 2001 | - | - |
Japan | - | - | - |
Republic of Korea | - | - | - |
* Signature authenticates and expresses the willingness to ratify or accept. Ratification defines the international act whereby a state indicates its consent to be bound to a treaty. Accession is the act whereby a state accepts the offer or opportunity to be bound to a treaty which has been negotiated and signed by other states. Acceptance has the same legal effect as ratification and consequently expresses the consent of a state to be bound by a treaty. In certain states, Acceptance is used instead of Ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. Source: UN (1980).
Source: UN (1995).
The Fourteenth Conference of Parties of the Basel Convention, held on 14 May 2019, amended Annexes II, VIII, and IX of the Convention. Y 48, on plastic waste that is a mixture of multiple types of plastics and/or contaminated with other kind of waste, was added to Annex II, which classifies waste requiring special consideration. Mixtures of plastic waste, consisting of polyethylene, polypropylene, and/or polyethylene terephthalate were excluded from Annex II. Added to Annex VIII (list of hazardous waste) was listing A3210, which concerns plastic waste, including mixtures of such waste containing or contaminated with Annex I constituents to an extent they exhibit an Annex III characteristic. In Annex IX, which lists waste not under control of the Basel convention, B3011 is replaced with B3010. B3010 states as follows:
Plastic waste listed below, provided it is destined for recycling in an environmentally sound manner and almost free from contamination and other types of waste
Plastic waste almost exclusively consisting of one non-halogenated polymer, including but not limited to the following polymers:
Polyethylene (PE)
Polypropylene (PP)
Polystyrene (PS)
Acrylonitrile butadiene styrene (ABS)
Polyethylene terephthalate (PET)
Polycarbonates (PC)
Polyethers
Plastic waste almost exclusively consisting of one cured resin or condensation product, including but not limited to the following resins:
Urea formaldehyde resins
Phenol formaldehyde resins
Melamine formaldehyde resins
Epoxy resins
Alkyd resins
Plastic waste almost exclusively consisting of one of the following fluorinated polymers:
Perfluoroethylene/propylene (FEP)
Perfluoroalkoxy alkanes:
Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA)
Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA)
Polyvinylfluoride (PVF)
Polyvinylidenefluoride (PVDF)
Mixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate (PET), provided they are destined for separate recycling of each material and in an environmentally sound manner, and almost free from contamination and other types of waste.
The amendment will be effective in January 2021.
Basel Convention (2019), BC-14/12: Amendments to Annexes II, VIII and IX to the Basel Convention. http://www.basel.int/TheConvention/ConferenceoftheParties/ReportsandDecisions/tabid/3303/ctl/Download/mid/22087/Default.aspx?id=7&ObjID=22064 (accessed 24 October 2019).
United Nations (UN) (1980), Vienna Convention on the law of treaties (with annex). UN. https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-english.pdf (accessed 24 October 2019).
United Nations (UN) (1989), Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-3&chapter=27&clang=_en (accessed 24 October 2019).
United Nations (UN) (1995), Amendment to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-3-a&chapter=27&clang=_en (accessed 24 October 2019).
