Bamako convention
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Course 4

The Bamako convention
Transboundary Movement and
Notification Procedures

Transboundary Movement Notification Procedure Response to Notification The Notification procedure in Summary
Course 4 Quiz

The Bamako Convention outlines specific procedures for the transboundary movement of hazardous waste and the related notification requirements.
These procedures are designed to ensure that such movements are conducted in an environmentally sound and safe manner while providing a framework for prior informed consent (PIC).

Here's an overview of those procedures:

Transboundary Movement:

Definition: Transboundary movement refers to the transport or movement of hazardous waste from one country to another, whether it's for import, export, or transit through a country.

Prior Informed Consent (PIC): The Bamako Convention requires that the transboundary movement of hazardous waste be subject to PIC.
This means that the importing country must provide its prior informed consent before the movement takes place. The PIC procedure is a core element of the convention and is designed to allow importing countries to make informed decisions about accepting hazardous waste.

Import and Export: Parties to the convention must establish and maintain procedures for granting or refusing consent for the import and export of hazardous waste. Importing countries, referred to as "importing Parties," have the authority to accept or reject the proposed movement of hazardous waste into their territory.

 

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Notification Procedure:

 

Notification Requirement: The Bamako Convention requires that the exporting country (referred to as the "exporting Party") notify the importing Party of any proposed transboundary movement of hazardous waste. This notification must be made in writing and contain specific information.

Content of Notification: The notification must include detailed information about the waste, such as its nature and composition, the quantity, the source and the intended method of disposal.

Environmental Impact Assessment: The exporting Party may be required to conduct an environmental impact assessment (EIA) before submitting the notification to the importing Party. This assessment helps evaluate the potential risks and environmental impacts of the proposed movement.

Timeframe: The notification should be submitted well in advance of the intended movement to allow the importing Party sufficient time to evaluate the information and make an informed decision.

 

 
Response to Notification:
 
  • Prior Informed Consent: The importing Party must evaluate the notification and, within a reasonable timeframe (60 days), provide its consent or refusal for the transboundary movement. The consent is based on the importing Party's assessment of whether the movement complies with the convention's requirements and does not pose significant risks to the environment and public health.

  • Conditions and Restrictions: The importing country may impose conditions or restrictions on the import of hazardous waste to ensure its safe management and disposal. These conditions may include requirements for packaging, labeling, transportation, and treatment of the waste, as well as provisions for monitoring and reporting, to ensure that the movement is carried out safely and in an environmentally sound manner. The State of export shall not allow the transboundary movement until it has received: 

    1. written consent of the State of import; and
    2. from the State of import, written confirmation of the existence of a contract between the exporter and the disposer specifying environmentally sound management of the wastes in question. 

    Each State of transit which is a Party to this Convention shall promptly acknowledge the notifier receipt of the notification. It may subsequently respond to the notifier in writing, within 60 days:

    1. consenting to the movement with or without conditions, 
    2. denying permission for the movement, 
    3. or requesting additional information. 

    The State of export shall not allow the transboundary movement to commence until it has received the written consent of the State of transit.

  • Enforcement and Compliance: Both the exporting and importing countries are responsible for enforcing compliance with the PIC procedure and the Bamako Convention's provisions. This includes monitoring the movement and management of hazardous wastes to prevent illegal trafficking and ensure environmental protection.
 
The Notification procedure in Summary:
 
  • The Generator (Exporter) and the Disposer (Importer) conclude a contract for the disposal of the wastes ensuring that the disposal is conducted in an environmentally sound manner.

  • The competent authority of the exporting country will transmit a Notification Document to the Competent Authority of the Country of Import and the Competent Authorities of all Countries of Transit.

  • The competent authority of the exporting country is also required to notify the Secretariat of the Bamako Convention before any planned transboundary movement of hazardous wastes takes place. The notification to the Secretariat serves several purposes:

    1. It facilitates transparency and information-sharing among Parties to the Bamako Convention. 
    2. It enables the Secretariat to maintain a record of transboundary movements of hazardous wastes and monitor compliance with the convention's provisions.
    3. It allows other Parties to be informed about potential shipments of hazardous wastes that may affect their interests or raise concerns.

    The State of export shall not allow the transboundary movement to commence until it has received the written consent of the State of transit.

  • The Competent Authority of the Country of Import must provide its written consent, or denial to the notifier. In the respect of the PIC procedure, copies of its final response should be sent to the Competent Authorities of all countries concerned and to the Secretariat of the Bamako Convention.

  • The Competent Authority of any Country of Transit must acknowledge receipt of the Notification document, and provide its written consent to the Country of Export (with or without conditions), or denial, within a delay of 60 days.

  • Once the relevant Competent Authorities have established that all the requirements of the Convention have been met, and have agreed to the movement, the Competent Authority of the Country of Export can proceed with the issuance of the Movement Document and authorize the shipment to start.