Wingfeld the basel convention

Session 2: International instruments and bodies involved The Basel Convention SHIPREC 2013 International Conference on Ship Recycling 7 – 9 April 2013 Susan Wingfield, Programme Officer UNEP Secretariat of the Basel, Rotterdam & Stockholm Conventions

Contents • Brief on the Basel Convention • Recap of Basel’s involvement in ship recycling • Status quo • COP 11 and beyond • Global Programme for Sustainable Ship Recycling

Brief on the Basel Convention • Global agreement on hazardous wastes and other wastes • Entered into force in 1992, 180 Parties as at April 2013 • Aims to protect human health and the environment against the adverse effects of hazardous wastes and other wastes

Brief on the Basel Convention • Concerned with hazardous wastes and other wastes: – Wastes (Art.2): substances or objects which are disposed of; intended to be disposed of; are required to be disposed of – Hazardous wastes (Art.1): those listed in Annex I of the Convention (e.g. waste streams: waste oils/water, substances containing PCB or wastes constituents: cadmium, mercury, lead, asbestos…) AND have “Annex III” characteristics (e.g. explosive, corrosive, toxic, etc.)

– Other wastes (Art.1): those listed in Annex II – i.e. household waste and residues from their incineration

Brief on the Basel Convention Strict controls have to be applied from the moment of generation of hazardous waste to its storage, transport, treatment, reuse, recycling, recovery and final disposal – to do this:

I. Regulation of transboundary movements of hazardous wastes and other wastes

II. Management of hazardous wastes and other wastes in a manner which protects human health and the environment

Prior Informed Consent procedure

Environmentally Sound Management (ESM)

Brief on the Basel Convention The Ban Amendment: Bans exports of hazardous wastes for final disposal and recycling from Annex VII countries (i.e. Parties that are members of the EU, OECD and Liechtenstein) to all other Parties – Adopted in 1995 (COP decision III/1) – Not yet globally in force – 15 more Parties to ratify for entry into force

Involvement in Ship Dismantling • On BC agenda since late 1990s • Technical Guidelines on ship dismantling adopted in 2002 – ESM – Mitigating environmental risks – Recommended design, construction, operation and control procedures

Involvement in Ship Dismantling • 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”

• Decision VII/26 (paraphrased): Invites the IMO to continue work aimed at the establishment of mandatory requirements to ensure ESM of ship dismantling (should be an equivalent level of control to the Basel Convention)

Involvement in Ship Dismantling • IMO Assembly resolution in 2005: New legallybinding instrument on Ship Recycling • Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships adopted in May 2009 at a Diplomatic Conference

Equivalent level of control?

Some points of contention (“no equivalent level of control” camp): • Exclusion of certain types of ships • No import or export prohibitions • Where is traceability / transparency of hazardous materials?

• Weaker prior notification and consent system • No prevention of illegal traffic and duty to re-import

Equivalent level of control?

Decision BC-10/17 (COP 10 in 2011) • No consensus on equivalent level of control • Parties encouraged to ratify Hong Kong Convention • Basel should continue to assist countries to apply the Convention as it relates to ships • Develop capacity building programmes

Status quo • State of uncertainty – Unclear on question of equivalency – Currently no Hong Kong ratifications – Basel Convention should “continue to assist countries to apply to Basel Convention as it relates to ships”: …?

• Or is it?

– Parties can apply and enforce the Basel Convention – Regional solution(s): e.g. European regulations – Ratifications of the Hong Kong Convention are imminent?

COP 11 and beyond • Basel COP 11: April/May 2013 • Ship dismantling on the agenda: – Focus on developments within the IMO (i.e. Hong Kong Convention guidelines) and Basel’s capacity building programme

• A key focus of the Basel COP: – Improving effectiveness of the Basel Convention – i.e. entry into force of the Ban Amendment and further defining/clarifying ESM

COP 11 and beyond • Secretariat approach to act on the mandate given by our Parties: – contribute expertise e.g. hazardous waste management at facilities and downstream: Basel principle of ESM will continue to apply (HKC:BC interface) – participation in international dialogue – capacity building

Global Programme for Sustainable Ship Recycling • Developed by SBC in 2007 • encourage collaboration to improve worker health and safety and environmental conditions in ship recycling countries • Variety of technical capacity building activities undertaken at Basel Parties’ request: building intellectual capital

Global Programme for Sustainable Ship Recycling

• Technology & Knowledge Transfer Workshop: building partnerships • Guidance and train-the-trainer materials for (i) management and supervisors at ship recycling facilities and (ii) competent authorities • Feasibility study: cost-effective alternatives to the beaching method of ship recycling • All available on Basel website

Global Programme for Sustainable Ship Recycling

• New project commencing June 2013: – Inventories of Hazardous Waste to be developed for Chittagong, Bangladesh and Gadani/Hub, Pakistan regions – taking into account both ship recycling and other industrial activities in the region – Development of business cases to enhance downstream capacity for ESM of hazardous materials – basis for loans/investment/publicprivate partnerships to develop infrastructure

Conclusion • Basel Convention is an effective instrument for regulating global waste trade • Hong Kong Convention specifically tailored to ship recycling issue • No consensus on equivalency: co-existence of two instruments • Current efforts to improve effectiveness of the Basel Convention: focus on ESM • Basel contribution to capacity building within areas of its competency will continue

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