Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal:artikel 9

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Article 9 Illegal Traffic

Geldend

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1.

For the purpose of this Convention, any transboundary movement of hazardous wastes or other wastes:

a)

without notification pursuant to the provisions of this Convention to all States concerned; or

b)

without the consent pursuant to the provisions of this Convention of a State concerned; or

c)

with consent obtained from States concerned through falsification, misrepresentation or fraud; or

d)

that does not conform in a material way with the documents; or

e)

that results in deliberate disposal (e.g. dumping) of hazardous wastes or other wastes in contravention of this Convention and of general principles of international law,

shall be deemed to be illegal traffic.

2.

In case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes in question are:

a)

taken back by the exporter or the generator or, if necessary, by itself into the State of export, or, if impracticable,

b)

are otherwise disposed of in accordance with the provisions of this Convention,

within 30 days from the time the State of export has been informed about the illegal traffic or such other period of time as States concerned may agree. To this end the Parties concerned shall not oppose, hinder or prevent the return of those wastes to the State of export.

3.

In the case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of conduct on the part of the importer or disposer, the State of import shall ensure that the wastes in question are disposed of in an environmentally sound manner by the importer or disposer or, if necessary, by itself within 30 days from the time the illegal traffic has come to the attention of the State of import or such other period of time as the States concerned may agree. To this end, the Parties concerned shall co-operate, as necessary, in the disposal of the wastes in an environmentally sound manner.

4.

In cases where the responsibility for the illegal traffic cannot be assigned either to the exporter or generator or to the importer or disposer, the Parties concerned or other Parties, as appropriate, shall ensure, through co-operation, that the wastes in question are disposed of as soon as possible in an environmentally sound manner either in the State of export or the State of import or elsewhere as appropriate.

5.

Each party shall introduce appropriate national/domestic legislation to prevent and punish illegal traffic. The Parties shall co-operate with a view to achieving the objects of this Article.

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