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	Annotated Agenda and Summary Recommendations For the Fourth Conference of Parties to the Basel Convention		'''Annotated Agenda and Summary Recommendations For the Fourth Conference of Parties to the Basel Convention'''<br/>
	Prepared by the Basel Action Network		'''Prepared by the Basel Action Network'''<br/>
	Kuching, Malaysia -- February 23-27, 1998		'''Kuching, Malaysia -- February 23-27, 1998'''

	~~Basel Action Network Secretariat~~		'''Summary Recommendations'''
	~~c/o Asia Pacific Environmental Exchange~~
	~~1827 39th Ave E~~		'''1. No Expansion of Annex VII'''
	~~Seattle, WA 98112 USA~~
	~~Phone/Fax: 1.206.720.6426~~
	~~E-mail: inform@ban.org~~
	~~Website: http://www.ban.org~~

	Summary Recommendations
	1. No Expansion of Annex VII

	Parties must keep their commitments and reaffirm the original intent of Decisions II/12 and III/1 and not allow the reversal of the most significant environmental achievement since the UNCED Rio Conference. The decision to ban the export of all hazardous wastes from OECD countries was already passed twice by consensus. In both cases open ended lists of countries were rejected as an option and the strict OECD/non-OECD distinction was chosen as the only enforcable ban option. Those that would sabotage the ban know that the thread that holds the ban together is the strict membership requirements of the OECD bloc. And opponents of the ban conveniently forget, that regardless of the adequacy of the disposal or recycling process, it can never be considered environmentally sound management for rich, high-waste producing countries to export their wastes to poorer countries to avoid the costs of preventing those wastes at source. As the bloc of countries that enjoy the most wealth and produce the most waste, the OECD enjoys a capability and bears the responsibility to minimize both the generation and the transboundary movements of hazardous waste in accordance with the goals of the Convention.		Parties must keep their commitments and reaffirm the original intent of Decisions II/12 and III/1 and not allow the reversal of the most significant environmental achievement since the UNCED Rio Conference. The decision to ban the export of all hazardous wastes from OECD countries was already passed twice by consensus. In both cases open ended lists of countries were rejected as an option and the strict OECD/non-OECD distinction was chosen as the only enforcable ban option. Those that would sabotage the ban know that the thread that holds the ban together is the strict membership requirements of the OECD bloc. And opponents of the ban conveniently forget, that regardless of the adequacy of the disposal or recycling process, it can never be considered environmentally sound management for rich, high-waste producing countries to export their wastes to poorer countries to avoid the costs of preventing those wastes at source. As the bloc of countries that enjoy the most wealth and produce the most waste, the OECD enjoys a capability and bears the responsibility to minimize both the generation and the transboundary movements of hazardous waste in accordance with the goals of the Convention.

	2. Affirm No Use of Article 11 to Circumvent Ban		'''2. Affirm No Use of Article 11 to Circumvent Ban'''

	It must be affirmed that Article 11 can have no bearing on the Ban Decisions (II/12 and III/1) agreed by consensus by all parties. Such exceptions to use bilateral or multilateral agreements were specifically ruled out during the negotiation of these decisions. If any exceptions to a strict ban were to be allowed they would have been included in the ban decision.		It must be affirmed that Article 11 can have no bearing on the Ban Decisions (II/12 and III/1) agreed by consensus by all parties. '''Such exceptions to use bilateral or multilateral agreements were specifically ruled out during the negotiation of these decisions. If any exceptions to a strict ban were to be allowed they would have been included in the ban decision.'''

	3. Adopt Hazardous Waste Lists A and B as New Annexes		'''3. Adopt Hazardous Waste Lists A and B as New Annexes'''

	The hazardous waste lists A and B and the mechanism for continuing to adjust those lists should be adopted without further detailed debate. These lists should be seen as augmenting Article 1, paragraph 1, (a) of the Convention and should be adopted as new annexes according to Article 18. In adherence to the necessary application of the precautionary principle, exceptions to List A as noted in the chapeau should not be at the discretion of the exporting country and export should not be allowed until the Technical Working Group has made a collective decision that the waste in question is or is not hazardous waste.		'''The hazardous waste lists A and B and the mechanism for continuing to adjust those lists should be adopted without further detailed debate.''' These lists should be seen as augmenting Article 1, paragraph 1, (a) of the Convention and should be adopted as new annexes according to Article 18. In adherence to the necessary application of the precautionary principle, exceptions to List A as noted in the chapeau should not be at the discretion of the exporting country and export should not be allowed until the Technical Working Group has made a collective decision that the waste in question is or is not hazardous waste.

	4. Adopt Decision in support of Rapid Ratification of III/1		'''4. Adopt Decision in support of Rapid Ratification of III/1'''

	A Decision taking note of the progress of the Parties in implementing Decision III/1 and "strongly appealing to all Parties to Ratify the Amendment adopted by III/1 at the earliest date" must be adopted by the COP. This decision was already approved by the Ad Hoc committee.		'''A Decision taking note of the progress of the Parties in implementing Decision III/1 and "strongly appealing to all Parties to Ratify the Amendment adopted by III/1 at the earliest date" must be adopted by the COP.''' This decision was already approved by the Ad Hoc committee.


	Annotated Agenda		'''Annotated Agenda'''
	Note: Text in italics denotes the official Secretariat Provisional and Annotated Agenda. Text in regular text denotes annotations and positions of the Basel Action Network.
			''Note:'' Text in italics denotes the official Secretariat Provisional and Annotated Agenda. Text in regular text denotes annotations and positions of the Basel Action Network.
	A *indicates a very crucial agenda point.		A *indicates a very crucial agenda point.


	Item 1. Opening of the Meeting		'''''Item 1. Opening of the Meeting'''''

	There will be a special events/cocktails in the evening.		There will be a special events/cocktails in the evening.

	Item 2. Adoption of the Agenda		'''''Item 2. Adoption of the Agenda'''''

	Item 3. Organization of the Meeting		'''''Item 3. Organization of the Meeting'''''

	According to the usual rotating procedure of the conference it is likely that a Party from the Asian and Pacific Group will be elected to preside over the conference and a Party from the African Group will be Rapporteur.		According to the usual rotating procedure of the conference it is likely that a Party from the Asian and Pacific Group will be elected to preside over the conference and a Party from the African Group will be Rapporteur.

	Item 4. Implementation of Decision III/1: Amendment to the Basel Convention		'''''Item 4. Implementation of Decision III/1: Amendment to the Basel Convention'''''

	Absence of Decision in support of ratifying III/1		'''Absence of Decision in support of ratifying III/1'''

	* We are concerned about the absence of the Decision adopted by the Ad Hoc Committee (found in (UNEP/CHW.4/32) that reads:		<nowiki>*</nowiki> We are concerned about the absence of the Decision adopted by the Ad Hoc Committee (found in (UNEP/CHW.4/32) that reads:

	"The Conference of Parties may wish to:		:"The Conference of Parties may wish to:

	a) take note of the progress made by Parties in effectively implementing Decision III/1;		::a) <u>take note</u> of the progress made by Parties in effectively implementing Decision III/1;

	b) Welcome the ratification by [European Union Member States and Norway] of the Amendment adopted by Decision III/1;		::b) <u>Welcome</u> the ratification by [European Union Member States and Norway] of the Amendment adopted by Decision III/1;

	c) Strongly appeal to Parties to ratify the Amendment adopted by Decision III/1 as soon as possible to enable the early entry into force of the Amendment."		::c) <u>Strongly appeal</u> to Parties to ratify the Amendment adopted by Decision III/1 as soon as possible to enable the early entry into force of the Amendment."

	This decision should be added at the outset of the discussion on III/1.		<u>This decision should be added at the outset of the discussion on III/1.</u>

	a) Outcome of the work of the Technical Working Group on lists of wastes and the applicable procedure for their review or adjustment (Decisions III/1 and III/12)		:'''''a) Outcome of the work of the Technical Working Group on lists of wastes and the applicable procedure for their review or adjustment (Decisions III/1 and III/12)'''''

	UNEP/CHW.4/2 (Draft Position Paper on Hazard Characterization)		:''UNEP/CHW.4/2 (Draft Position Paper on Hazard Characterization)''

	UNEP/CHW.4/3 (Consolidated lists of wastes and the applicable procedure for their review or adjustment)		:''UNEP/CHW.4/3 (Consolidated lists of wastes and the applicable procedure for their review or adjustment)''

	UNEP/CHW.4/4 (Wastes Placed on list C awaiting classification)		:''UNEP/CHW.4/4 (Wastes Placed on list C awaiting classification)''

	UNEP/CHW.4/Inf.2 (Report of the 12th session of the Technical Working Group)		:''UNEP/CHW.4/Inf.2 (Report of the 12th session of the Technical Working Group)''

	--The parties are invited to adopt the Draft Position Paper on Hazard Characterization and Classification of Wastes within the Framework of the Basel Convention (UNEP/CHW.4/2)		::''--The parties are invited to adopt the Draft Position Paper on Hazard Characterization and Classification of Wastes within the Framework of the Basel Convention (UNEP/CHW.4/2)''

	The Draft Position Paper describes the deliberations to determine what commonly produced and traded wastes are to be deemed hazardous under the Basel Convention's Article 1, paragraph 1 (a) definition. Although the environmental interests lost important battles, such as in a failure to get toxic metals scrap such as lead and cadmium deemed a hazardous waste, and while their remains ambiguity in some listings, great progress toward practical application has been made. The Technical Working Group and the informal sessions which contributed to it, deserves praise for delivering workable lists which takes the framework definitions provided in the Convention's Annex I and III, and elaborates these into practical listings.		The Draft Position Paper describes the deliberations to determine what commonly produced and traded wastes are to be deemed hazardous under the Basel Convention's Article 1, paragraph 1 (a) definition. Although the environmental interests lost important battles, such as in a failure to get toxic metals scrap such as lead and cadmium deemed a hazardous waste, and while their remains ambiguity in some listings, great progress toward practical application has been made. The Technical Working Group and the informal sessions which contributed to it, deserves praise for delivering workable lists which takes the framework definitions provided in the Convention's Annex I and III, and elaborates these into practical listings.

BAN Annotated Agenda - Revision history

Beckerr at 17:09, 10 August 2015

Beckerr at 16:52, 10 August 2015

Beckerr at 16:39, 10 August 2015

Beckerr: Created page with "Annotated Agenda and Summary Recommendations For the Fourth Conference of Parties to the Basel Convention Prepared by the Basel Action Network Kuching, Malaysia -- February 2..."