Transboundary Waste

Tackling threats posed by chemicals (Stockholm Convention)

Persistent organic pollutants (POPs) harm human health and the environment. The Stockholm Convention is based on the precautionary principle and seeks to guarantee the safe elimination of these substances, as well as reductions in their production and use.

Council Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the European Community, of the Stockholm Convention on Persistent Organic Pollutants.

It approves the European Union’s (or, as it was when adopted, the European Community’s) decision to participate in the Stockholm Convention. It defines POPs and rules governing their production, import and export. It requires that the public, politicians and the chemical industry are kept informed of the risks they pose.

Definition

POPs are chemical substances with certain toxic properties that resist degradation. They accumulate in living organisms, are transported by air, water and migratory species and accumulate in terrestrial and aquatic ecosystems. Pollution caused by POPs is a cross-border problem requiring international action.

Scope

The Convention covers 23 priority POPs produced both intentionally and unintentionally (e.g. by sources like waste incinerators).

These are: aldrin, chlordane, chlordecone, dichlorodiphenyltrichlorethane (DDT), dieldrin, endrin, heptachlor, hexabromobiphenyl,hexabromocyclododecane, hexabromodiphenyl ether and heptabromodiphenyl ether, hexachlorobenzene (HCB), alpha hexachlorocyclohexane, beta hexachlorocyclohexane, lindane, mirex, perfluorooctane sulfonic acid, its salts and perfluorooctane sulfonyl fluoride, polychlorinated dibenzo-p-dioxins (PCDD), polychlorinated dibenzofurans (PCDF), polychlorobiphenyls (PCBs), technical endosulfan and its related isomers, tetrabromodiphenyl ether and pentabromodiphenyl ether, and toxaphene.

Implementation

Three bodies implement the Convention at international level.

—The Conference of the Parties comprises all the signatories plus, where appropriate, observers. It lays down rules on implementation and is responsible for major decisions.
—The Persistent Organic Pollutants Review Committee is made up of specialists who examine proposals to add new substances to the Convention.
—The Secretariat is responsible for administrative tasks.

Parties must develop plans to meet their obligations under the Convention. They each designate a national focal point to make it easier to exchange information.

Production, use, import and export

The Convention provides for ending the production, use, import and export of banned POPs.

The goal is to minimise and, where feasible, eliminate the unintentional production and release of POPs. To this end, signatories must develop action plans and seek to use substitute materials, products and processes.

BACKGROUND

The Convention was adopted in 2001. It came into force in 2004. It has 179 signatories, including the European Union.

For more information, see the European Commission’s Directorate-General for Environment website.

Precautionary principle: an approach to risk management whereby, if there is the possibility that a given policy or action might cause harm to the public or the environment and if there is still no scientific consensus on the issue, the policy or action in question should not be pursued.

REFERENCES

Decision 2006/507/EC

Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158 of 30.4.2004, pp. 7-49).

Council Decision 2004/259/EC of 19 February 2004 concerning the conclusion, on behalf of the European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants (OJ L 81 of 19.3.2004, pp. 35-36).

Disposal of polychlorinated biphenyls (PCBs) and polychlorinated terphenyls (PCTs)

Directive 96/59/EC — disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCTs)

It harmonises law on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs)* and the decontamination or disposal of equipment containing them.

KEY POINTS

EU countries must ensure that:
used PCBs and PCTs and equipment containing them are disposed of as soon as possible;
inventories are compiled of equipment containing more than 5 litres of PCBs and PCTs, and summaries of these are sent to the European Commission within 3 years of the legislation’s adoption;
companies disposing of PCBs and PCTs are licensed and keep registers of the quantity, origin and nature of the used PCBs and PCTs they receive;
safety precautions are in place to prevent any risk of fire to PCBs and PCTs or equipment containing them;
PCBs or PCTs are not burned on ships;
transformers are not topped up with PCBs or PCTs;
transformers containing more than 0.05 % by weight of PCBs or PCTs are decontaminated according to the conditions specified in the legislation;
equipment containing more than 5 litres of PCBs and PCTs is decontaminated and/or disposed of at the latest by the end of 2010, except for transformers containing between 0.05 % and 0.005 % by weight of PCBs or PCTs, which can be disposed of at the end of their useful lives.

The inventories contain:
name and address of the equipment holder;
location and description of the equipment;
quantity of PCBs or PCTs the equipment contains;
dates and types of treatment or replacement carried out or envisaged;
date of the declaration.

The Commission:
fixes the reference methods to measure the PCB and PCT content of contaminated materials;
sets technical standards for other ways of disposing of PCBs and PCTs;
makes a list available of the production names of electrical equipment, namely capacitors, resistors and inductance coils, containing PCBs and PCTs;
determines, if necessary, less hazardous substitutes for PCBs and PCTs.
Regulation (EC) No. 850/2004 on persistent organic pollutants (POPs) provides the legal framework for POPs. It is also applicable to PCB, which has been classified as a POP.

It has applied since 16 September 1996. EU countries had to incorporate it into national law by 16 March 1998.

DOCUMENTS

Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, pp. 31-35)

Subsequent amendments to Directive 96/59/EC have been incorporated into the basic text. This consolidated version is of documentary value only.

Convention on the control of transboundary movements of hazardous wastes and their disposal

Decision 93/98/EEC — approval by the European Community of the Basel Convention

Basel Convention on the control of transboundary movements of hazardous wastes and their disposal

The decision approves on behalf of the European Economic Community (now the EU) the Basel Convention.

The convention is the most comprehensive global environmental agreement on hazardous wastes and other wastes. It aims to protect human health and the environment from the adverse effects resulting from the generation, the transboundary (crossing borders) movement and the management of hazardous wastes and other wastes.

The convention regulates the transboundary movements of hazardous wastes and other wastes and requires its parties to ensure that they manage and dispose of such wastes in an environmentally sound manner.

The parties also undertake to:

minimise the quantities that are transported;
treat and dispose of the wastes as close as possible to their place of generation;
prevent or minimise the generation of wastes at source.

Scope

The convention has 8 annexes:

Annex I: Categories of wastes to be controlled — ranging from clinical wastes to wastes from the production, formulation and use of organic solvents;
Annex II: Categories of wastes requiring special consideration — wastes collected from households and residues arising from the incineration of household wastes;
Annex III: List of hazardous characteristics — such as whether they are explosive, flammable liquids or solids, liable to spontaneous combustion, corrosive or ecotoxic (harmful to the environment);
Annex IV: List of disposal* operations;
Annex V A: Information to be provided on notification;
Annex V B: Information to be provided on the movement document;
Annex VI: Arbitration;
Annex VII: (not in force);
Annex VIII: List of wastes.

General obligations of the convention

Parties agree the following:

not to export (or import) hazardous wastes or other wastes to (or from) a non-signatory state;
not to export waste unless the state of import has given its prior consent in writing to the specific import;
to communicate information about proposed international movements to the states concerned by means of a notification form; this will allow them to evaluate the effects of hazardous waste or other wastes on human health and the environment;
to permit international movements of wastes only where there is no danger with regard to their movement and disposal;
to package, label and transport the wastes that are moved in line with international rules, and to ensure they are accompanied by a movement document from the point at which movement starts to the point of disposal.

Any party may impose additional requirements that are consistent with the convention.

Notification procedures

The convention introduces notification procedures with regard to:

international movements between parties;
international movements from a party through the territory of non-signatory states.

Illegal shipments

Where wastes are illegally exported, parties to the convention must re-import them.

Environmentally sound management

Parties agree to work together on environmentally sound practices for the management of hazardous and other wastes.

Dispute settlement

Parties should settle any disputes through negotiation or any other peaceful means of their choice. If a solution is not found, the dispute is submitted to the International Court of Justice or to an arbitration tribunal consisting of 3 parties.

Secretariat

A secretariat facilitates cooperation and the sharing of information among parties.

Capacity-building

Regional or sub-regional centres around the globe provide training and capacity-building.

Implementing legislation

The convention has been incorporated into EU law by means of Regulation (EC) No 1013/2006 and its subsequent amendments.

The decision has applied since 1 February 1993. The convention has applied since 8 May 1994.

BACKGROUND

The EU, in addition to the EU countries, is a party to the convention. The EU has ratified the ban amendment which prohibits exports of waste to non-OECD countries, although this amendment has not yet entered into force internationally.

The convention was negotiated under the auspices of the United Nations Environment Programme and was adopted in 1989.

DOCUMENTS

Council Decision 93/98/EEC of 1 February 1993 on the conclusion, on behalf of the Community, of the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basel Convention) (OJ L 39, 16.2.1993, pp. 1-2)

Corrigendum to Council Decision 93/98/EEC of 1 February 1993 on the conclusion, on behalf of the Community, of the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basel Convention) (OJ L 74, 17.3.1994, p. 52)

Basel Convention on the control of transboundary movements of hazardous wastes and their disposal (OJ L 39, 16.2.1993, pp. 3-22)

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, pp. 1-98)

Successive amendments to Regulation (EC) No 1013/2006 have been incorporated into the original document. This consolidated version is of documentary value only.

Geneva Convention on Long-Range Transboundary Air Pollution

Decision 81/462/EEC concluding the Convention on long-range transboundary air pollution

Convention on long-range transboundary air pollution

It concludes on behalf of the European Union (EU) and EU countries the Geneva Convention on Long-Range Transboundary Air Pollution.
Under this convention, the parties (i.e. the EU countries which ratified the Convention) commit themselves to working together to limit, to gradually prevent and to reduce their discharges of air pollutants in order to combat the resulting transboundary pollution.

KEY POINTS

Long-range transboundary air pollution is defined as the release, directly or indirectly due to human activity, of substances into the air which have adverse effects on human health or the environment in another country, and for which the contribution of individual emission sources or groups of sources cannot be distinguished.

In total, 8 separate protocols have been developed under this convention:

the 1984 Protocol on long-term financing of the cooperative programme for monitoring and evaluation of the long-range transmission of air pollution in Europe (EMEP);
the 1985 Protocol on the reduction of sulphur emissions or their transboundary fluxes by at least 30 per cent;
the 1988 Protocol concerning the control of emissions of nitrogen oxides or their transboundary fluxes;
the 1991 Protocol on the control of emissions of volatile organic compounds or their transboundary fluxes;
the 1994 Protocol on further reduction of sulphur emissions;
the 1998 Protocol on heavy metals;
the 1998 Protocol on persistent organic pollutants;
the 1999 Protocol to abate acidification, eutrophication and ground-level ozone (also known as the Gothenburg Protocol).

Policy cooperation

The convention requires its contracting parties to develop and implement appropriate policies and strategies, particularly systems of air quality management.

The contracting parties agree to meet regularly (at least annually) to assess progress made and liaise on matters relating to the convention.

Scientific cooperation

The parties agree to carry out concerted research and development efforts, particularly to reduce emissions of major air pollutants, for monitoring and measuring emission rates and concentrations of these pollutants, as well as to gain an understanding of the effects of these pollutants on health and the environment.

Exchange of information

The parties agree to exchange information, in particular on data regarding:

the emission of major air pollutants (starting with sulphur dioxide) and their effects;
aspects likely to cause significant changes in long-range transboundary air pollution (particularly in national policies and industrial development);
control technologies for reducing air pollution; and
national policies and strategies to combat the major air pollutants.

Cooperation on monitoring of pollution

The parties agree to participate in the cooperative programme for monitoring and evaluation of long-range transmission of air pollutants in Europe (EMEP). This programme, whose activities are financed under a separate protocol (the EMEP Protocol), aims to provide parties to the convention with:
scientific information regarding monitoring of the atmosphere, computer-based models;
the assessment of emissions; and
the development of projections.

In order for this cooperation to succeed, the Convention allows for:
the programme, initially focused on monitoring sulphur dioxide and related substances, to be extended to other major air pollutants;
the monitoring of the composition of media susceptible to contamination by these pollutants (water, soil and vegetation), as well as the effects on health and the environment;
the generation of meteorological and other scientific data relating to processes during transmission;
the use, whenever possible, of comparable or standardised monitoring and modelling methods;
the integration of EMEP into relevant national and international programmes;
the regular exchange of data obtained by monitoring.

BACKGROUND

The Geneva Convention on Long-Range Transboundary Air Pollution establishes a system allowing governments to work together with the aim of protecting health and the environment from air pollution that is liable to affect several countries. The convention was signed in 1979 at Geneva, within the framework of the Economic Commission of the United Nations for Europe (UNECE), and entered into force in 1983.

The decision has applied since 11 June 1981.

The Convention entered into force on 16 March 1983, 90 days after the date of deposit of the 24th instrument of ratification, acceptance, approval or accession.

DOCUMENTS

Council Decision 81/462/EEC of 11 June 1981 on the conclusion of the Convention on long-range transboundary air pollution (OJ L 171, 27.6.1981)

Convention on long-range transboundary air pollution – Resolution on long-range transboundary air pollution (OJ L 171, 27.6.1981)

Council Decision 86/277/EEC of 12 June 1986 on the conclusion of the Protocol to the 1979 Convention on long-range transboundary air pollution on long-term financing of the cooperative programme for monitoring and evaluation of the long-range transmission of air pollutants in Europe (EMEP) (OJ L 181, 4.7.1986, p. 1)

Council Decision 93/361/EEC of 17 May 1993 on the accession of the Community to the Protocol to the 1979 Geneva Convention on long-range transboundary air pollution concerning the control of emissions of nitrogen oxides or their transboundary fluxes (OJ L 149, 21.6.1993, pp. 14-15)

Council Decision 98/686/EEC of 23 March 1998 on the conclusion by the European Community of the Protocol to the 1979 Convention on long-range transboundary air pollution on further reductions of sulphur emissions [OJ L 326, 3.12.1998, p. 34)

Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations (OJ L 85, 29.3.1999, pp. 1–22)

Council Decision 2001/379/EC of 4 April 2001 on the approval, on behalf of the European Community, of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals (OJ L 134, 17.5.2001, p. 40)

Council Decision 2003/507/EC of 13 June 2003 on the accession of the European Community, to the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-Level Ozone (OJ L 179, 17.7.2003, pp. 1-2)

Council Decision 2004/259/EC of 19 February 2004 concerning the conclusion, on behalf of the European Community, of the 1988 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants (OJ L 81, 19.3.2004, pp. 35-36)

Council Decision (EU) 2016/768 of 21 April 2016 on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals (OJ L 127, of 18.5.2016, pp. 8-20)

Council Decision (EU) 2016/769 of 21 April 2016 on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (OJ L 127, 18.5.2016, pp. 21-31)