9.5 The role of the Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal was adopted in 1989 and entered into force in 1992. The main objective of this Convention is to protect human health and the environment against adverse effects caused by the generation, improper management and transboundary movements of hazardous and other wastes. One of the fundamental aims of the Basel Convention is to ensure that hazardous and other wastes are managed in an environmentally sound manner (ESM). Article 2, paragraph 8 of the Convention defines ESM to mean “taking all practicable steps to ensure that hazardous wastes or other wastes are managed in a manner which will protect human health and the environment against the adverse effects which may result from such wastes”.

(For more information on the Convention, and the obligations it imposes, see the Basel Convention website: www.basel.int.)

9.5.1 Environmentally sound dismantling of ships

9.5.1.1 In order to assist countries that have or wish to establish recycling facilities, the Conference of the Parties to the Basel Convention, at its sixth meeting in December 2002, adopted the Technical Guidelines for the Environmentally Sound Management and Full and Partial Dismantling of Ships, which provide information and recommendations on procedures, processes, and practices that should be implemented to conform with the environmentally sound management obligations under the Convention. These Technical Guidelines provide guidance for Parties, where dismantling of ships occur, to fulfil their obligations under the Convention.

9.5.1.2 The Technical Guidelines are applicable to existing, as well as to new, ship recycling facilities. They include principles for the environmentally sound management of ship dismantling, good practice in environmental control procedures at ship recycling facilities, good practice in design, construction and operation of ship recycling facilities and how to achieve protection of the environment and human health. Under the Basel Convention, also other technical guidelines for specific operations and for specific wastes have been developed which may be relevant to ship recycling activities^footnote.

9.5.2 Principle of notification and prior written consent

9.5.2.1 The Basel Convention addresses the transboundary movement of hazardous wastes. Although the legal aspects of ships destined for recycling are being considered under the Basel Convention, its provisions may provide some useful concepts to address transboundary concerns of the final voyages for ships destined for recycling.

9.5.2.2 A key component in the implementation of the Basel Convention is that transboundary movements of hazardous and other wastes covered by the Convention, occur with the prior written notification and consent of the importing State upon notification by the exporting State. The basic procedures under the Basel Convention are that the exporter notifies its Government (the exporting State) of the intended movement, the exporting State notifies transit and importing States, which respond to the notification by consent or refusal or seeking additional information before issuing the written consent.