控制危险废物越境转移及其处置巴塞尔公约EN.pdf
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1、 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal 1 BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL1 PREAMBLE2The Parties to this Convention, Aware of the risk of damage to human health and the environ
2、ment caused by hazardous wastes and other wastes and the transboundary movement thereof, Mindful of the growing threat to human health and the environment posed by the increased generation and complexity, and transboundary movement of hazardous wastes and other wastes, Mindful also that the most eff
3、ective way of protecting human health and the environment from the dangers posed by such wastes is the reduction of their generation to a minimum in terms of quantity and/or hazard potential, Convinced that States should take necessary measures to ensure that the management of hazardous wastes and o
4、ther wastes _ 1 The present text incorporates amendments to the Convention adopted subsequent to its entry into force and that are in force as at 8 October 2005. Only the text of the Convention as kept in the custody of the Secretary-General of the United Nations in his capacity as Depositary consti
5、tutes the authentic version of the Convention, as modified by any amendments and/or corrections thereto. This publication is issued for information purposes only. 2 The Conference of the Parties adopted Decision III/1 at its third meeting to amend the Convention by adding, inter alia, a new preambul
6、ar paragraph 7 bis. The amendment is not yet in force. The relevant part of Decision III/1 provides as follows: “The Conference 3. Decides to adopt the following amendment to the Convention: Insert new preambular paragraph 7 bis: Recognizing that transboundary movements of hazardous wastes, especial
7、ly to developing countries, have a high risk of not constituting an environmentally sound management of hazardous wastes as required by this Convention; 2 ” including their transboundary movement and disposal is consistent with the protection of human health and the environment whatever the place of
8、 disposal, Noting that States should ensure that the generator should carry out duties with regard to the transport and disposal of hazardous wastes and other wastes in a manner that is consistent with the protection of the environment, whatever the place of disposal, Fully recognizing that any Stat
9、e has the sovereign right to ban the entry or disposal of foreign hazardous wastes and other wastes in its territory, Recognizing also the increasing desire for the prohibition of transboundary movements of hazardous wastes and their disposal in other States, especially developing countries, Convinc
10、ed that hazardous wastes and other wastes should, as far as is compatible with environmentally sound and efficient management, be disposed of in the State where they were generated, Aware also that transboundary movements of such wastes from the State of their generation to any other State should be
11、 permitted only when conducted under conditions which do not endanger human health and the environment, and under conditions in conformity with the provisions of this Convention, Considering that enhanced control of transboundary movement of hazardous wastes and other wastes will act as an incentive
12、 for their environmentally sound management and for the reduction of the volume of such transboundary movement, Convinced that States should take measures for the proper exchange of information on and control of the transboundary movement of hazardous wastes and other wastes from and to those States
13、, Noting that a number of international and regional agreements have addressed the issue of protection and preservation of the environment with regard to the transit of dangerous goods, Taking into account the Declaration of the United Nations Conference on the Human Environment (Stockholm, 1972), t
14、he Cairo Guidelines and Principles for the Environmentally Sound Management of Hazardous Wastes adopted by the Governing Council of the United Nations Environment Programme (UNEP) by decision 14/30 of 17 June 31987, the Recommendations of the United Nations Committee of Experts on the Transport of D
15、angerous Goods (formulated in 1957 and updated biennially), relevant recommendations, declarations, instruments and regulations adopted within the United Nations system and the work and studies done within other international and regional organizations, Mindful of the spirit, principles, aims and fu
16、nctions of the World Charter for Nature adopted by the General Assembly of the United Nations at its thirty-seventh session (1982) as the rule of ethics in respect of the protection of the human environment and the conservation of natural resources, Affirming that States are responsible for the fulf
17、ilment of their international obligations concerning the protection of human health and protection and preservation of the environment, and are liable in accordance with international law, Recognizing that in the case of a material breach of the provisions of this Convention or any protocol thereto
18、the relevant international law of treaties shall apply, Aware of the 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 wast
19、es and other wastes, Aware also of the growing international concern about the need for stringent control of transboundary movement of hazardous wastes and other wastes, and of the need as far as possible to reduce such movement to a minimum, Concerned about the problem of illegal transboundary traf
20、fic in hazardous wastes and other wastes, Taking into account also the limited capabilities of the developing countries to manage hazardous wastes and other wastes, Recognizing the need to promote the transfer of technology for the sound management of hazardous wastes and other wastes produced local
21、ly, particularly to the developing countries in accordance with the spirit of the Cairo Guidelines and decision 14/16 of the Governing 4 Council of UNEP on Promotion of the transfer of environmental protection technology, Recognizing also that hazardous wastes and other wastes should be transported
22、in accordance with relevant international conventions and recommendations, Convinced also that the transboundary movement of hazardous wastes and other wastes should be permitted only when the transport and the ultimate disposal of such wastes is environmentally sound, and Determined to protect, by
23、strict control, human health and the environment against the adverse effects which may result from the generation and management of hazardous wastes and other wastes, HAVE AGREED AS FOLLOWS: ARTICLE 1 Scope of the Convention 1. The following wastes that are subject to transboundary movement shall be
24、 “hazardous wastes” for the purposes of this Convention: (a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III; and (b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, haz
25、ardous wastes by the domestic legislation of the Party of export, import or transit. 2. Wastes that belong to any category contained in Annex II that are subject to transboundary movement shall be “other wastes” for the purposes of this Convention. 3. Wastes which, as a result of being radioactive,
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