Course 3
The Prior Informed Consent (PIC) procedure under the Bamako Convention is a mechanism designed to ensure that countries have the opportunity to make informed decisions about the import of hazardous wastes. The PIC procedure aims to prevent the transboundary movement of hazardous wastes without the explicit consent of the receiving country.
As described in in the text of the convention , the Articles 6, 10, and 13 of the Bamako Convention collectively support the effective implementation of the PIC procedure, ensuring that hazardous wastes are managed in a manner that safeguards environmental and public health in Africa.
Article 6: Transboundary Movement of Hazardous Wastes
Article 6 establishes the framework for the transboundary movement of hazardous wastes within Africa. It outlines the conditions under which such movements are permissible.
The Prior Informed Consent (PIC) ensures that all states involved are fully informed about the nature of the hazardous wastes and have given their consent before any movement occurs. This procedure is crucial for preventing unwanted hazardous waste shipments to countries lacking the capacity to manage them safely.
Article 10: Intra-African cooperation
Article 10 highlights the need for intra-African cooperation through information exchange, technical assistance, joint efforts, and harmonization of standards to manage hazardous wastes safely and sustainably across the continent.
Parties are encouraged to share information about their national policies, regulations, and practices related to hazardous waste management. Information on incidents and accidents involving hazardous wastes should be communicated promptly to mitigate potential risks.
Article 13: Information Exchange and Cooperation
Article 13 focuses on the exchange of information and cooperation between parties to enhance the effective implementation of the convention:
- Parties are required to share information on issues such as national legislation, regulations, and policies concerning hazardous wastes, as well as data on the transboundary movement of such wastes.
- Parties should cooperate in providing technical assistance to one another, especially to those that may lack the resources to manage hazardous wastes safely. This cooperation can include training programs, sharing best practices, and facilitating technology transfer.
The PIC procedure is integral to the Bamako Convention's objectives.
It ensures that hazardous wastes are not moved across borders without the explicit consent of the affected countries, thus protecting human health and the environment from potential harm.
By requiring detailed notifications and written consents, the PIC procedure:
- Enhances Transparency: All relevant information about the hazardous wastes is disclosed to the concerned states, reducing the risk of illegal dumping.
- Promotes Informed Decision-Making: States can make informed decisions about whether to accept hazardous wastes based on their capacity to manage them safely.
- Strengthens Regulatory Control: By involving multiple authorities and ensuring stringent communication protocols, the procedure enhances the regulatory oversight of hazardous waste movements.
Notification: The PIC procedure begins with the exporting country providing
notification to the competent authority of the importing country.
This notification includes detailed information about the proposed shipment of hazardous waste,
such as the type and quantity of waste, its characteristics, and intended disposal methods.
Consent: Upon receiving the notification, the importing country's competent authority evaluates the information provided and decides whether to consent to the import of the hazardous waste. The decision to grant consent is based on various factors, including the country's capacity to manage the waste safely and in an environmentally sound mannerly.
Prior Informed Consent: If the importing country grants consent, it does so with the understanding that the hazardous waste will
be managed in accordance with the Bamako Convention's provisions and national regulations.
This prior informed consent ensures that the importing country is aware of the potential risks associated with
the hazardous waste and has agreed to accept it under specified conditions.
Communication: The PIC procedure grants the communication between the exporting and importing countries' competent authorities on the shipment of hazardous waste. In case of an accident occurring during the transboundary movement of hazardous or other wastes which is likely to present risks to human health and the environment in other States, Parties are required to immediately inform all concerned States and the Secretariat of the Bamako Convention (Article 13).
Annual reports: The Focal Point is responsible for submitting the annual national reports, by which Parties provide information on matters covered by the Convention. This report includes information such as details on the transboundary movements of hazardous and other wastes in which they have been involved, any measures adopted in implementing the Convention, and available qualified statistics on the effects on human health and the environment of the generation, transportation and disposal of hazardous or other wastes
Overall, the PIC procedure under the Bamako Convention serves as a critical safeguard against the uncontrolled transboundary movement of hazardous wastes, promoting responsible waste management practices and protecting human health and the environment in Africa.
