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For reasons of economy, this document is printed in a limited number. Delegates are kindly requested to bring their copies to meetings and not to request additional copies. EP United Nations Environment Programme UNITED NATIONS Distr. GENERAL UNEP/CHW/TWG/18/10 12 June 2001 ENGLISH ONLY TECHNICAL WORKING GROUP OF THE BASEL CONVENTION Eighteenth session Geneva, 18-20 June 2001 Item 8 of the provisional agenda * REPORT ON ACTIVITIES ON THE IMPLEMENTATION OF THE BASEL DECLARATION TOGETHER WITH THE CONSOLIDATED SYNOPSIS OF ACTIVITIES AND PROJECTS Note by the secretariat 1. The Expanded Bureau, at its third meeting in Geneva on 11 June 2001, considered the issue of elaborating strategic plans to facilitate the effective implementation of the Basel Convention. 2. The Expanded Bureau requested the secretariat to prepare a preliminary outline of a strategic plan for its consideration at its next meeting. In doing so, the secretariat should use the Basel Declaration as the guidance and framework. Consultation with Parties and others should be undertaken by the secretariat as necessary. The preliminary outline of a strategic plan that would contain essential elements for the concrete implementation of the Basel Declaration will be shared with the subsidiary bodies of the Conference of the Parties with a view to having these bodies providing their input into the process. 3. A summary of key actions, a progress report and a draft correlation table prepared by the secretariat in relation to the implementation of decision V/33 on environmentally sound management is attached to this note. * UNEP/CHW/TWG/18/1
Transcript
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For reasons of economy, this document is printed in a limited number. Delegates are kindly requested to bring their copies to meetings and not to request additional copies.

EP United Nations Environment Programme

UNITED NATIONS

Distr.

GENERAL

UNEP/CHW/TWG/18/10

12 June 2001

ENGLISH ONLY

TECHNICAL WORKING GROUP OF THE BASEL CONVENTION Eighteenth session Geneva, 18-20 June 2001 Item 8 of the provisional agenda∗

REPORT ON ACTIVITIES ON THE IMPLEMENTATION OF THE BASEL DECLARATION TOGETHER WITH THE CONSOLIDATED

SYNOPSIS OF ACTIVITIES AND PROJECTS

Note by the secretariat 1. The Expanded Bureau, at its third meeting in Geneva on 11 June 2001, considered the issue of elaborating strategic plans to facilitate the effective implementation of the Basel Convention. 2. The Expanded Bureau requested the secretariat to prepare a preliminary outline of a strategic plan for its consideration at its next meeting. In doing so, the secretariat should use the Basel Declaration as the guidance and framework. Consultation with Parties and others should be undertaken by the secretariat as necessary. The preliminary outline of a strategic plan that would contain essential elements for the concrete implementation of the Basel Declaration will be shared with the subsidiary bodies of the Conference of the Parties with a view to having these bodies providing their input into the process. 3. A summary of key actions, a progress report and a draft correlation table prepared by the secretariat in relation to the implementation of decision V/33 on environmentally sound management is attached to this note.

∗ UNEP/CHW/TWG/18/1

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ANNEX 1

THE IMPLEMENTATION OF THE BASEL DECLARATION

ON ENVIRONMENTALLY SOUND MANAGEMENT

I. BACKGROUND 1. In its decision V/33 on environmentally sound management, the Conference of the Parties requested the secretariat to collect and disseminate information needed for the tasks set out in the present decision and to coordinate the contacts with the partners involved. In accordance with decision V/33, the subsidiary bodies of the Conference of the Parties bear the main responsibility for elaborating and prioritising the activities for the year 2000-2002 listed in the table attached to the present decision and to start working towards implementing the above objectives pending the elaboration and adoption of the work programme. The same subsidiary bodies are requested to prepare a strategic plan, including an indicative work programme, for the period to the year 2010, and to develop a work programme by areas of work for the years 2003-2004 for consideration and adoption by the Conference of the Parties at its sixth meeting.

II. STEPS TAKEN BY THE SECRETARIAT TO IMPLEMENT DECISION V/33 A. Period 2000-2002 During 2000-2001 major efforts have been undertaken by SBC, within its limited resource capacity, to identify and build up strategic partnerships in key domain identified in the Basel Declaration as supported by the proposed priority activities contained in the table attached to decision V/33.

DOMAINS

STRATEGIC PARTNERSHIP

Inventory of the generation and stockpiles of hazardous wastes

Parties: in Africa UN system: UNEP Chemicals, FAO, UNIDO, UN-ECA, WHO UN related organisations: the World Bank, the GEF Other IGO: OECD Development bank: the African Development Bank MEA: the Stockholm Convention on POPs, the Bamako Convention NGOs: World Wide Fund for Nature, Pesticide Action Network, Global Crop Protection Federation And Basel Convention regional/sub-regional centres in Africa

Development of methodologies for environmentally sound management

a) Focus: used lead-acid batteries Parties: in the Caribbean, Central America and Brazil UN: UNEP Division on Trade, industry environment , UNCTAD Industry: International Lead Management Centre Signatory: USA NGOs: to be identified

b) Focus: used oils Parties: Africa and in the Caribbean UN: IMO Industry: the Rose Foundation set up by Shell in South Africa NGOs: to be identified

Training of enforcement officers

Parties: in Asia and in Latin America, in Eastern and Central Europe UN: The Environmental Crime Prevention Programme Other IGOs: World Customs Organisation, Interpol, OPCW

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MEAs: CITES, Montreal Protocol, Rotterdam Convention BC regional/sub-regional centres NGOs:

2. Several activities have been undertaken by the secretariat in accordance with the priorities identified by the Parties:

DOMAIN

ACTIVITIES

Unwanted stocks of hazardous wastes: obsolete stocks of pesticides, PCBs and used oils

First Continental Conference for Africa on the Environmentally Sound Management of Unwanted Stocks of Hazardous Wastes and their Prevention in January 2001 in Morocco African Stockpile Project to clean up Africa of obsolete stocks of pesticides and prevent their accumulation (multistakeholder initiative with the possibility of kick off money to be provided by GEF)

Economic instrument Completion of a preliminary study prepared by a consultant on the use of economic instruments with a view to identifying sustainable solutions for the environmentally sound management of hazardous wastes

Electronic information system Finalisation of contractual arrangements with independent university-based consortium to develop and operate a supersite Note. Germany has now submitted to the TWG its project PROSOL

Training of enforcement officers

Training Seminar for Port Enforcement Officers, Hong Kong, China 4-8 December 2000

B. Period 2003-2004 It is expected that the experience gained so far by SBC as described in the progress report presented to the Expanded Bureau (Annex 2) will provide elements to assist the subsidiary bodies in discharging their functions as requested in decision V/33.

III. FUTURE PLANS OF THE SECRETARIAT FOR 2001-2002 Such plans include:

a) Contribution to the implementation of the Stockholm Convention on POPs adopted on 22 May 2001, in particular access to GEF funding

b) Development of mechanisms to better integrate support by industry to fulfil the objectives of the

Basel Declaration, including the feasibility of organising the Dakar II Conference c) Concentration on the following priority hazardous waste streams identified by Parties:

- Pesticide wastes - PCBs - Used lead-acid batteries - Used oils

d) Further development of activities in accordance with decision V/33 to support the implementation

of the domains contained in the Basel Declaration

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e) Elaboration of concrete and operational elements for the subsidiary bodies of the Conference of the Parties to assist in programme and strategic development, including indication on costs and institutional requirements for the period 2003-2004.

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ANNEX 2

THE BASEL DECLARATION ON ENVIRONMENTALLY SOUND MANAGEMENT

PROGRESS REPORT “Environmentally sound management of hazardous and other wastes should be accessible to all Parties, emphasizing the minimization of such wastes and the strengthening of capacity-building”

I. STRATEGIC FRAMEWORK A. Environmentally sound management framework 1. Within the framework of integrated life-cycle management of materials, the following fundamental objectives are to be pursued:

a) To prevent to the extent possible and minimize the generation of hazardous and other wastes b) To treat and dispose of such wastes in such a way that they do not cause harm to health and the

environment c) To eliminate or reduce transboundary movements of hazardous and other wastes.

B. Implementation 2. The implementation of the Basel Declaration requires new and additional resources. The levarage of such resources requires in turn the construction of strategic partnerships with all relevant stakeholders (States, intergovernmental organisations, industry and other non-governmental organisations, academia) and fully operational, regional or sub-regional centres established in the context of the Basel Convention. 3. Priority is given to forging strategic partnership in different key areas. Progress is noted in the following domains:

• POPs as wastes/pesticides

a) UNEP Chemicals and FAO on the issue of POPs as wastes (PCBs, dioxins/furans, pesticides)

b) UNEP Chemicals, FAO, World Bank, GEF, UNIDO, OAU, UN-ECA, African Development Bank, World Wide Fund for Nature, Pesticide Action Network and industry on cleaning up stockpiles of obsolete pesticides and on the prevention of their accumulation in Africa

c) UNEP Chemicals on contribution to the implementation of the Stockholm Convention on POPs adopted on 22 May 2001, including formulation of project (s) for GEF funding

d) IOMC (Intergovernmental Organisation for the Sound Management of Chemicals: FAO, UNEP, WHO, OECD), through the establishment of an IOMC co-ordinating group on obsolete stocks of pesticides.

• Enforcement/Prevention and monitoring of illegal traffic

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The following activities were undertaken by the secretariat: - Strengthening cooperation with Interpol and the World Customs Organization in the training of

customs and enforcement officers to identify, monitor and prevent illegal traffic in hazardous wastes subject to the Convention.

- Preparing procedures to address alleged cases of illegal traffic and assist Parties in preventing, identifying and monitoring such cases.

- Institutional strengthening of the Basel Convention Regional and Sub-Regional Centres for Training and Technology Transfer.

For the second part of 2001 and for 2002, the secretariat’s work plans include: - The organisation of training seminars for Port, Customs and Enforcement Officers in Panama,

Constanta (Romania), Africa and the Middle East; - The preparation of Draft Guidance Elements for the prevention and monitoring of illegal traffic

to be submitted to COP-6;

Implementation of decision V/33 has provided impetus to progress in this domain.

• Case studies on hazardous wastes streams

- A multistakeholder partnership is being put together under the leadership of SBC on the environmentally sound management of used lead-acid batteries in Central America and the Caribbean. The stakeholders are: United States Government (Commerce Department and EPA), UNCTAD, industry through the International Lead Management Center, the Basel Convention sub-regional centres in El Salvador and the Caribbean; and the full participation of Parties in the region.

- Two different strategic partnerships are being considered for the environmentally sound

management of used oils, namely:

a) A public/private partnership in Africa using the model Shell developed in South Africa through the setting up of a private foundation (the Rose Foundation).

b) Cooperation with IMO (MARPOL) for the environmentally sound management, collection and disposal of used oils in the Caribbean, with full involvement of Parties in the Caribbean and the Basel Convention sub-regional centre. The involvement of environmental NGOs in the development of case studies is welcomed.

4. The underlying elements taken into account for selecting the strategic partnerships are:

• Priority hazardous wastes streams identified by Parties • Areas of cooperation with demultiplying effects • Building on synergies and complementarities • Possibility for replicating the partnership • Stand-alone activities • Regional delivery

5. In that way, SBC is able to use its own resources efficiently and effectively while, at the same time, being associated to activities that are in part or in toto implemented by others. Also, resource mobilization is greatly enhanced and competition for the same sources of funds is diminished. SBC plays a catalytic role and is part of larger project activities.

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C. Strategic approach 6. Each of the selected areas of concentration of the Basel Declaration requires a three tier approach to be able to deliver concrete or practical outputs: 1st tier: Get the ball rolling through concrete activities or projects giving practical assistance to Parties or providing specifications, guidance or methodology for achieving set goals including identification of partners. 2nd tier: Develop tools or mechanisms to support wider national policy or processes regarding environmentally sound management, prevention or minimization of hazardous wastes; this would contribute to enhance or reinforce ongoing or planned activities or projects aimed at facilitating the implementation of the Basel Convention and its protocol, in particular at the regional level. 3rd tier: Taking stock and reviewing progress including conducting audits of current needs and of cooperative activities to orient actions as necessary.

II. SUCCESSFUL OUTCOME 7. The most successful outcome in the implementation of strategic partnership, today, is occurring in the critical domain of the unwanted stocks of hazardous wastes (obsolete pesticides wastes; PCBs and used oils) and the prevention of their further accumulation. What are the necessary ingredients of a successful strategic partnership?

a) A clear mandate of all stakeholders b) A common agreement on priorities c) A recognition of each partner comparative advantages d) An open, transparent and trust-building process among stakeholders e) A common goal with targeted outputs f) Political deadlines or bench marks

What needs to be done to make a difference?

a) Identification of the key partners or institutional processes and ways to cooperate b) Openness in seizing opportunities (meaning having a financial and predictable source of funds) c) Pro-active engagement (leadership) in the domains of competence, in particular in support of

ongoing efforts or to bridge gaps d) Provision of opportunities to Parties and their partners to move forward in the implementation of

environmentally sound management. 8. SBC is an active partner in those institutional processes that are of relevance to the issue of the unwanted stocks of hazardous wastes, namely:

• SBC is now a member of IOMC (Intergovernmental Organisation for the Sound Management of Chemicals) coordinating group on obsolete stocks of pesticides

• SBC is also invited to participate and contribute to the work of the OECD Pesticide risk reduction group

• Cooperation with UNEP Chemicals, FAO, UNIDO, WHO and the World Bank) is maintained and enhanced as well as with the Global Crop Protection Federation (GCPF), Greenpeace,

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Pesticide Action Network (PAN) and WWF. 9. Taking into account that Africa has been recognised a priority area by the Parties of the Basel Convention, that obsolete stocks of pesticides are identified as a priority activity in the context of the Basel Declaration and that POPs as wastes have been categorized as an important topic by the COP5, the SBC organized jointly with the Government of Morocco, the first Continental Conference for Africa for the environmentally sound management of unwanted stocks of hazardous wastes and their prevention in January 2001. The main purpose of this Conference was two-fold:

a) Provide a forum for African countries to decide what activities they consider important to ensure the environmentally sound management of the stockpiles of pesticides, PCBs and used oils (three priority hazardous wastes streams identified by African countries)

b) Provide a forum for enhancing the political visibility of an urgent issue chronically under-funded. The First Continental Conference benefited greatly from FAO involvement in this area since 1994.

10. The First Continental Conference led to three major concrete outcomes that contribute to the consolidation of the global efforts for managing unwanted stocks of hazardous wastes in an environmentally sound manner. These are:

a) The adoption of a coherent programme of action (POA) b) A follow-up mechanism for the POA in which UNEP and SBC are required to facilitate

implementation c) A request to SBC to further explore financial mechanisms to support the POA

11. While being deeply involved in the preparation of the First Continental Conference for Africa, the SBC seized the opportunity to join the consultative process on the Africa Stockpile Project (ASP) and participated in all consultations that took place since December 2000 in Johannesburg (at the occasion of the INC/POP), in Rabat in January 2001, in Rome in March 2001 and in Washington DC in April 2001. The next consultation will be hosted by UNIDO later in 2001. 12. The ASP is an initiative launched by a group of stakeholders (WWF, PAN, UNEP Chemicals and SBC, FAO, the World Bank, GEF and UNIDO). Later on, the OAU, UN-ECA and the African Development Bank joined in. Its main purpose is to set up a multistakeholder partnership to assist African countries to clean-up the continent from stocks of obsolete pesticides and prevent their further accumulation. The ASP is building up the appropriate institutional framework and financial mechanism to achieve its goals. The institutional framework is shaping up, it consists of the development of a strategic partnership where GEF would be the critical kicking off financial mechanism (as part of assuming its role as the proposed interim financial mechanism for the Convention on POPs adopted in Stockholm on 22 May 2001) with the World Bank becoming the lead agency. The ASP stakeholders remaining in function as steering group. Clearly, the realization of this multistakeholders’ architecture and the implementation of the ASP programme will provide the necessary means and resources to implement a large part of the Programme of Action adopted in Rabat. 13. It is worth noting that the ASP represents a new, innovative and exemplary type of partnership in which MEAs (ie: the Basel Convention and the Stockholm Convention on POPs) are considered important and unavoidable partners in a major global institutional and financial venture.

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III. FUTURE PLANS A. Annual thematic feature 14. The first 18 months have been characterized by the building up of partnership arrangements and launching of selected projects activities in key priority areas identified in the Basel Declaration. The year 2001 will remain as the year of “the environmentally sound management of unwanted stocks of hazardous wastes and their prevention in Africa”. It is also in line with the priorities given by the international community to conclude the agreement on POPs in 2001. 15. Applying the same approach, 2002 could have as its theme the environmentally sound management of used lead-acid batteries (and other waste batteries) in Latin America and the Caribbean, taking into account the promising development of the project on this hazardous wastes stream in Central America and the Caribbean; it would also fit into the Basel Declaration’s priority for the environmentally sound management of recycling or recovery operations. 16. The year 2003 could have as its main themes the environmentally sound management of used oils and PCBs worldwide. Several activities launched in 2001 on these hazardous wastes streams will bring useful elements for continent-wide approaches. It would also give coherence to the implementation of the Programme of Action adopted in Rabat in January 2001. COP 6 could recommend the 2003-2004 featured annual themes. B. Enabling activities 17. In parallel and in support of project activities, enabling activities are required to fulfill the objectives of the Basel Declaration overtime. The enabling activities are meant to provide Parties and others with means or opportunity to implement the Basel Declaration and to undertake national programmes in the spirit, intend and purpose of the Basel Declaration. As a first step, Parties should strive to elaborate national implementation plan that would benefit from and support the activities launched and carried out at sub-regional, regional or international level. 18. The SBC is working on a number of enabling activities that should support ongoing or planned activities in the framework of the Basel Declaration. These are:

a) Ongoing development and testing of methodological tools for the environmentally sound management of selected hazardous wastes streams (ie: for PCBs)

b) Elaboration of a global information strategy, using for this purpose the project PROSOL being

developed by Germany c) Development of a concept based on ISO14000 scheme. The idea is to explore the feasibility of

elaborating international voluntary standards for environmentally sound management for hazardous wastes facilities or facilities treating hazardous wastes as part of their business. Such standards could also be applied to technologies. The first step would be for a relevant body (eg: standard association) or company to assist SBC in developing the concept for consideration by the subsidiary bodies of the Conference of the Parties. In the more long term perspective, it may be envisaged that the regional or sub-regional centres of the Basel Convention could deliver environmentally sound management standards to companies or facilities; this would act as revenu generating for these centres.

d) Further to a preliminary study on economic instruments, SBC is looking into ways to deepen the

analysis of the sort of economic instruments including financial mechanisms that would respond to

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the needs for implementing the Basel Declaration; this would help create favourable conditions for the conduct of environmentally sound management activities and promote or facilitate the flow of information on environmentally sound technologies, on the transfer of cleaner technologies for hazardous wastes minimization or of knowledge especially to developing countries. A national implementation programme would have the benefit of fostering favourable economic and legal conditions for the effective transfer (import or export) on fair and reasonable terms of information, knowledge or sound and proven technologies. Emphasis on small-and medium-sized enterprises should be retained. As part of this work, SBC is exploring possible financial mechanisms such as:

• Access to GEF (in cooperation with UNEP) • Contribution by companies or foundations • Having regional development banks trustees for funds allocated by Governments for specific

regional activities • Access to green funds and other new equity funds being established by private banks, indicating

that the “hazardous wastes sector” is destined for solid and sustainable growth • Facilitating use of financial instruments at the local level (eg: private/public pollution fund,

deposit/refund schemes or systems, etc).

IV. PARTERSHIP WITH INDUSTRY 19. On one hand, industry associations’ expectations is for clearly identifiable elements that would be of benefit to their industry partners. They are looking for what is attractive, what the Basel Convention can offer. On the other hand, Parties are expecting industry to join in and to champion the cause of environmentally sound management through the development of code of conducts, in-kind and monetary contributions to projects and active partnership to support the Basel Convention regional or sub-regional centres. 20. Industry associations are keen in working on improving the understanding of the concept of environmentally sound management in its operational dimension. Parties have adopted the Basel Declaration with a view to concretely and practically implementing the concept of environmentally sound management. Another wish of industry associations is to be part of early consultations on technical dossiers so as to be able to shape up a possible role and contribution by the relevant sectors. Industry associations also insist on the need to recognise the role of market in policy making favouring or supporting the implementation of environmentally sound management. 21. It derives from the above remarks that a two-way strategic approach could be envisaged to build up solid strategic partnership with the various industry sectors, namely:

a) To listen to and take stock of the interest of industry associations in furthering the operationalization of the concept of environmentally sound management by early involvement of the industry associations in the process. The direct outcome would be a more accurate reflection of industry’s interest. The ongoing consultation initiated by the President of COP5 with industry associations intends to address this issue and to organize the way in which the Basel Declaration provides opportunities for industry to be part of a constructive dialogue with the Parties.

b) The other approach requires specific companies to agree to commit themselves and to buy into the

concrete implementation of environmentally sound management, encompassing hazardous wastes minimization. The idea is to get multinational or transnational companies to get involved in championing the cause of environmentally sound management as a step forward towards fulfilling the goals of sustainable development. Such concrete involvement could happen in the field of environmental performance (a key element of environmentally sound management) or in the domain of sound and proven environmentally friendly technologies (eg: through case studies, performance

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indicators, technology diffusion). Case studies could focus on priority hazardous wastes streams (eg: used lead-acid batteries, used oils, PCBs, recovery of other metal wastes, electrical and electronics waste in cooperation with OECD, and other end-of-life equipment and post-consumer goods). Another component, as emphasized by the Basel Declaration, is to address the needs of small-and medium-sized enterprises (SME). SME have specific needs and capabilities. A tailor-made programme is required to address the issue of the sort of measures to assist SME in critical hazardous wastes sectors. Assistance to SME to implement environmentally sound management practices may involve issues of performance standards, of certification for environmentally sound management determination, technological and process involvement, auditing, fiscal measures, incentives. At this point of time, the whole SME support programme needs development. Cooperation with UNEP and UNIDO is an important element to progress in this area.

22. A critical factor in progressing with work on hazardous wastes minimization is the national context. For meeting the objectives of environmentally sound and efficient management, a number of prerequisite are necessary. Companies and businesses may be willing to invest in cleaner production and transfer of sound or proven technologies or processes. To do this, companies or businesses would expect to operate within an adequate legal framework and be supported by a set of domestic measures facilitating entrepreneurial initiatives or activities and providing incentives for investments in this field. Such a national package of coherent measures could address the wider domain of environmentally sound management, that could include recovery or recycling activities and other disposal operations. A comprehensive national policy on environmentally sound management would provide the necessary elements and framework for industry or business involvement. Equally important, such package of measures would assist the regional or sub-regional Basel Convention centres to fulfil their roles as facilitators for the transfer of environmentally sound and proven technologies and of knowledge. Dakar II process 23. The partnership with industry is an integral part of the elements to be covered by the Dakar II Conference on environmentally sound management. Further consultation among Parties, with key industry sectors and environmental NGOs, could be envisaged to better define what concretely and reasonably could be achieved taking into account the following factors:

a) Part of the objectives of the Dakar II Conference have been superceeded by the adoption of the Basel Declaration.

b) Funds collected so far are insufficient.

c) Outcome unclear.

The key strategic partners of Dakar II are the Governments, industry and the civil society. Two thematic components of the Dakar II process seem to have gained consensus. These are:

a) The need to address the technology dimension of environmentally sound management. b) The need to arrive at a common understanding of what environmentally sound management means

and how to operationalize it and to concretely implement it.

The Dakar II agenda could be developed around these two themes.

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V. PARTNERSHIP WITH ENVIRONMENTAL AND DEVELOPMENT NON-GOVERNMENTAL ORGANISATIONS

24. The implementation of the Basel Declaration requires a strong international and regional programme to support, guide or facilitate national programmes. The secretariat does not have the experience nor the resources to be operational at the national or local level. Environmental and development NGOs, international or national, have the experience and ability to conduct activities at the local level. They can play and are playing, a useful role in assisting government agencies, municipalities and others, in executing environmentally sound management projects or activities. 25. There is a need to develop or strengthen cooperation with the relevant and interested international and national NGOs to enhance local delivery of concrete environmentally sound management activities. Strategic partnership would be built with the key actors of the civil society. Environmental and development NGOs could become strategic partners of the Basel Convention regional or sub-regional centres.

VI. CHALLENGES 26. In the Preamble of the Convention, the Parties recognise that the most effective way of protecting human health and the environment from the dangers posed by hazardous and other wastes is the reduction of their generation to a minimum in terms of quantity and/or hazard potential. They also recognized that there is a need to continue the development and implementation of environmentally sound low-waste technologies, recycling options, good house-keeping and management systems with a view to reducing to a minimum the generation of hazardous and other wastes. Finally, the Parties recognized the need to promote the transfer of technology for the sound management of hazardous and other wastes produced locally, particularly to the developing countries. 27. One of the difficulty in implementing the Basel Declaration, including the development of the proposed priority activities contained in the Table to decision V/33 on environmentally sound management is to keep a regional balance and to respond to perceived needs and expectations. Also, the emphasis put on hazardous wastes minimization and prevention as well as on the development of institutional and technological capacity-building requires the effective operation of the Basel Convention regional or sub-regional centres. 28. In terms of priorities, it is useful to distinguish three sets of priorities that need to be combined:

a) Tactical b) Strategical c) Supportive

The tactical priorities will include the development of methodologies for specific hazardous wastes streams such as PCBs or the inventory of stockpiles of hazardous wastes. These are activities that are required to respond to problems, develop knowledge and organise response. The strategical priorities would be represented by the ongoing work on institutional and technological capacity building, on cooperation with all stakeholders, on training of enforcement personnel. Finally, priority also needs to be given to activities that support the entire programme such as the Dakar II Conference, the electronic information systems, economic instruments or strengthening of the Basel Convention regional or sub-regional centres. To make the programme coherent, the different set of priorities should run together to reinforce each others and be mutually supportive. The time-frame will vary in regard to the sort of priority activities undertaken, noting that strategical priorities are likely to require a more longer term investment then tactical ones.

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29. Another difficulty is linked to the process itself. The secretariat is bound by the decision V/33 that requires to focus on the table of proposed priority activities. Some delegates of the Technical Working Group, at its 17th session in October 2000, have clearly indicated that no new activities should be developed by the secretariat without prior consultation with the Technical Working Group. In addition, decision V/33 requests:

a) The Technical Working Group to work on the selection of waste streams for the purpose of developing pilot projects on the state of the art in the field of cleaner production and environmentally sound management.

b) The subsidiary bodies of the Conference of the Parties, under the guidance of the Expanded Bureau, further to elaborate and prioritise the activities for the years 2000-2002 listed in the table attached to the present decision and to start working towards implementing the above objectives as soon as feasible, pending the elaboration and adoption of the work programme;

c) The subsidiary bodies to prepare a strategic plan, including an indicative work programme, for the period to the year 2010, to address the objectives set forth in the present decision, and to develop a work programme by areas of work based on the present decision for the years 2003-2004, for consideration and adoption by the Conference of the Parties at its sixth meeting.

30. This process makes it difficult for SBC to levy predictable funding for activities carried out under the Basel Declaration. The scheduling of the subsidiary bodies meetings is not necessarily tuned to project development activities.

What are the challenges ? 1. Keep a regional balance 2. Implement a coherent set of activities with different planning, management and time-frame

requirements 3. Organise activities and fund-raising, seize opportunities within the institutional context of decision

V/33

VII. A CHOICE OF STRATEGY

31. The intergovernmental negotiating process on POPs and the adoption of the Stockholm Convention in May 2001 have revitalized world attention and interest in the chemicals and hazardous wastes conventions. However, not enough attention and support is being given to regional hazardous wastes conventions such as the Bamako and Waigani Conventions that are critical instruments of the world institutional architecture to control transboundary movements of hazardous wastes and ensure their environmentally sound management, including their minimization. The Basel Declaration provides a mechanism to:

a) Seize windows of opportunities, including the renewed support to chemicals and hazardous wastes global conventions, and

b) Levy support for regional conventions. One can appreciate that in view of the above, an unambiguous and unique comparative advantage or asset of the Basel Declaration is its capacity to transform global dynamism into regional process delivery. This could represent a major articulation of the implementation of the Declaration itself.

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32. By itself, the Secretariat of the Basel Convention (SBC) is not in a position to develop or implement a large number of projects or be responsible for the financial management of large-scale projects. The response to this intrinsic lack of capacity is for the SBC to join in or initiate multi-stakeholders strategic partnership in which other institutions take the lead in either development or implementation of large scale projects. This is proven to be a very effective way in making efficient use of the secretariat limited resources. Nonetheless, the relatively small-size of the SBC represents an obstacle to bringing up the Basel Declaration in the forefront of the international environment agenda. In this regard, the proximity of the World Summit on Sustainable Development – Rio+10 (September 2002) makes it even more pressing to have the Basel Declaration featured proeminently. 33. Ideally, each Party could decide to develop awareness on and promotion of the Basel Declaration at the national level to enhance it perceiveness among the public, the medias, industry leaders or decision makers. The Basel Convention regional or sub-regional centres could develop public awareness campaigns, organize high-level briefings for decision makers or nurture networks of NGOs that would promote the objectives of the Basel Declaration at the regional and local levels. 34. The main challenge of achieving a quantum jump in the implementation of the Basel Declaration remains, however, away from reach. Indeed, both the size of the SBC and its financial resources are not commensurate to the needs as described in the Basel Declaration. Indeed, the ambitious objectives and programme of the Declaration to fulfill these objectives require another scale of involvement and resources that are beyond the current means. At that juncture, three options could be considered:

a) A minimal strategy b) An optimal strategy c) A supportive regional strategy

The minimal strategy consists of the continuation and consolidation of existing activities and the development of a limited number of initiatives or new activities. The expected results would be of limited range. Such strategy would assist in building up the architecture required to concretely implement environmentally sound management but would not necessarily be able to bring environmentally sound management solutions into concrete existence. Its impact world-wide would remain low scale. This strategy would be in line with the functions of the SBC that, in this case, would be to facilitate a process, ensure coordination among institutions, explore synergies and accompany activities. The tasks of implementation and monitoring may not be entirely covered as part of the Secretariat’s functions. The Basel Declaration, in this scenario, represents a platform and a framework for aiming at the concrete implementation of environmentally sound management. Assistance to Parties to implement the Basel Declaration would take the form of guidance, provision of methodological tools, technical, legal or institutional support through expertise, transfer of knowledge on project design subject to availability of adequate resources. The support to be provided by the Basel Convention regional or sub-regional centres will not operate in the short term as they are in their preliminary phase of operation.

The optimal strategy encompasses the integrated tasks of project design, development, implementation and monitoring in the context of a multistakeholders’ approach. Such strategy would require a level of resources that currently is not available. The expected results would be the operation of a set of coherent and mutually-supportive project activities demonstrating how in concrete terms to implement environmentally sound management in various geographical locations, within distinct industry sectors and over different time-frame. Such strategy would contribute significantly to achieving the overall arching goal of the Basel Declaration. New and additional sources of funds would be needed to achieve such ambitious goal as well as consideration of the appropriate institutional set up and strategic partnership.

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35. As noted earlier, channeling global interest to serve regional needs is a very important strategic element. Both the Bamako and Waigani Conventions as well as other regional seas conventions or action plans could benefit from such demultiplying effects; this is the regional delivery strategy. Over the short-and-medium-terms, efforts could be undertaken to concentrate resources to support regional initiatives, activities or processes; the main purpose being to bring issues of the concrete implementation of environmentally sound management in as many regional or sub-regional fora as possible. This could represent a key element of international environmental governance. A regional strategy could support either a minimal or optimal strategy. 36. As a matter of fact, the choice could be to conduct an analysis of the feasibility of carrying out the three strategic goals (minimal, optimal and regional) concurrently or in phase over the ten-year period of the Basel Declaration, noting that the concept of environmentally sound management is encompassed into the wider concept of integrated life-cycle management of materials (from maker to breaker, from product to waste, from manufacture to use, from cradle-to-grave, etc)

VIII. POSSIBLE ORIENTATION OF FUTURE UNITED NATIONS ACTIVITIES: SOME ELEMENTS IN THE FIELD OF HAZARDOUS WASTES

37. The fundamental principle embodied in the Basel Convention is that States should take the necessary measures to ensure the management of hazardous wastes, including their transboundary movement is consistent with the protection of human health and the environment. Progress in environmentally sound management requires that there is a national regulatory infrastructure and enforcement that ensures compliance with applicable regulations. Sites and facilities for the management of hazardous wastes are authorized and of adequate technological standard and pollution control exist. However, this is not enough to achieve sustainable development. Failure of prevention may hinder environmentally sound management efforts. Such prevention should begin at the design phase of materials, then be carried through to the production stage and at any further steps in the life of the materials. The use of best practice to avoid or minimize the quantity and hazardousness of wastes, such as adequate plant and process design or the use of cleaner production methods or approaches are an essential strategic element. 38. Consequently, the issue of hazardous wastes has to be seen in the context of the integrated life-cycle principle of materials by which substances or products are to be designed and managed so that there is minimum environmental impact during production, use, recovery/recycling and final disposal. Another key orientation is related to public health. The environmentally sound management of hazardous wastes means that the management of hazardous wastes nonetheless generated should take into account the potential for cross-media and multi-media polluting effects. The Basel Ministerial Declaration adopted in 1999 calls for the environmentally sound management of hazardous wastes to be accessible to all Parties, emphasizing the minimization of such wastes and the strengthening of capacity building. Orientation of future activities by the United Nations would include:

a) Providing assistance in particular to developing countries and countries with economies in transition in the following interrelated and mutually supportive domains:

• prevention (including transfer of sound and proven technologies and related know-how) • public health assessment • emergency preparedness and response • adequate civil liability regimes, including compensation and enforcement • establishment of hazardous waste management infrastructure, taking into account the

interrelated principles of self-sufficiency, proximity and least transboundary movements • sound and adequate inventories of hazardous wastes

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b) National efforts to build up an appropriate legal framework and develop supportive measures to facilitate the use or transfer of cleaner technologies and related know-how and to provide incentives for investment in this sector.

c) Development of international standards for environmentally sound management d) Promotion of ratification of the Basel Convention, its protocol and amendment, the Stockholm

Convention on POPs, the Rotterdam Convention (on PIC) and the 1996 Protocol of the 1972 London Convention, as well as of the regional Bamako and Waigani Conventions and the regional seas conventions, protocols and action plans.

e) Establishment and operation of the Basel Convention regional or sub-regional centres for training and technology transfer to contribute to the development of regional delivery capacity assistance on matter pertaining to hazardous wastes.

39. The effective implementation of the Basel Declaration will go a long way in supporting the efforts of the United Nations and in progressing with the practical implementation of the environmentally sound management of hazardous wastes.

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ANNEX 3

Draft correlation table

Proposed priority activities identified in the table of

decision V/33

Status of project-related activities

New project identified by TWG 16

Contribution of the work programme of the TWG

Remarks

a) Dakar II Conference

Consultation process with all stakeholders

Expanded Bureau guidance required

b) International workshops (2000-2002) on:

(i) Hazardous waste minimization initiatives (ii)Environmentally sound recovery/recycling initiatives (iii) environmentally sound disposal

Preparation of technical guidelines; selection of waste streams susceptible for cleaner production; case studies on recovery of hazardous wastes and assessment of recovery facilities; technical input or guidance to assist in the establishment and operation of the Basel Convention regional or sub-regional centres

Canada has indicated interest in organizing one international workshop on recycling

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Proposed priority activities identified in the table of

decision V/33

Status of project-related activities

New project identified by TWG 16

Contribution of the work programme of the TWG

Remarks

Project on the environmentally sound collection and recycling of used lead-acid batteries in Central America and the Caribbean (May 2001 to April 2002) Kick-off workshop , Trinidad, 3-4 May 2001 Regional Workshop for the environmentally sound management of used batteries, El Salvador, March 2003

Technical guidelines on the environmentally sound management of lead acid battery wastes Selection of waste streams susceptible to cleaner production

c) Development of methodologies for environmentally sound management

Case study on the development of methodology for environmentally sound management of spent catalysts in Asia

Project not yet initiated

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Proposed priority activities identified in the table of

decision V/33

Status of project-related activities

New project identified by TWG 16

Contribution of the work programme of the TWG

Remarks

Case study on the development of methodology and practical guidance for the environmentally sound management of small and dispersed quantities of the hazardous wastes in South Pacific Forum

Project not yet initiated

Pilot activities on the environmentally sound management and minimization of wastes from the metal finishing industry in South East Asia

Technical guidelines on the environmentally sound management of metal and metal compounds

Similar project being developed by DANCED in Malaysia

d) Training of Enforcement Officers

Hong Kong Model Seminar for Customs and Enforcement Officers, 4 to 12 December 2000

Similar programme planned in Panama Cooperation with MEAs, WCO/Interpol

e) Cooperation with United Nations bodies and intergovernmental organizations

Refer to report on the Basel Declaration

Ongoing process; specific reports to be submitted to subsidiary bodies and COP

f) Electronic information systems

Finalization of the SBC Supersite and availability of the first model of PROSOL

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Proposed priority activities identified in the table of

decision V/33

Status of project-related activities

New project identified by TWG 16

Contribution of the work programme of the TWG

Remarks

g) Institutional and technological capacity building

Refer to the report on the Basel Declaration

h) Prevention and monitoring of illegal traffic

Asian project on the monitoring and control of transboundary movement being developed

Draft technical guidelines for the prevention of illegal traffic (jointly with the Legal Working Group) Harmonization of lists of wastes and related procedure; global harmonization of systems of classification and labelling of chemicals

Cooperation with the European Transfrontier Shipment Group; with UN Committee of Experts on the transport of dangerous goods, IMO, OECD

i) Inventory of generation and stockpiles of hazardous wastes

First Continental Conference for Africa on the environmentally sound management of unwanted stocks of hazardous wastes and their prevention (the Conference took place in Rabat in January 2001); follow-up activities on pesticide wastes, PCBs and used oils underway Contribution to the preparation of the IOMC baseline study on obsolete stocks of pesticides

Technical guidelines on the environmentally sound management of POPs as wastes

A Ministerial Declaration has been prepared and a Programme of Action has been adopted by the Rabat Conference (POA) UNEP and SBC have been requested to facilitate implementation of the POA for Africa

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Proposed priority activities identified in the table of

decision V/33

Status of project-related activities

New project identified by TWG 16

Contribution of the work programme of the TWG

Remarks

j) Cooperation and partnership

Refer to report on the Basel Declaration

k) Strengthening of regional and sub-regional centres for training and technology transfer

Regional workshop for regional/sub-regional centres of the Basel Convention in El Salvador, August 2000

Another workshop for all regional/sub-regional centres planned in 2001

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