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Summary of the "Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes Within Africa" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.

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Bamako Convention on the Ban of the Import into Africa and the
Control of Transboundary Movement and Management of Hazardous
Wastes Within Africa (1991)

Not yet in force

Preamble

The Parties to this Convention,

1. MINDFUL of the growing threat to human health and the
environment posed by the increased generation and the complexity
of hazardous wastes,

2. FURTHER mindful that the most effective 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,

3. AWARE of the risk of damage to human health and the
environment caused by transboundary movements of hazardous
wastes,

4. REITERATING that States should ensure that the generator
should carryout his responsibilities with regard to the
transport and disposal of hazardous wastes in a manner that is
consistent with the protection of human health and environment,
whatever the place of disposal,

5. RECALLING relevant chapters of the Charter of the
Organisation of African Unity (OAU) on environmental protection,
the African Charter for Human and Peoples' Rights, Chapter IX of
the Lagos Plan of Action and other Recommendations adopted by
the Organisation of African Unity on the environment,

6. FURTHER RECOGNIZING the sovereignty of States to ban the
importation into, and the transit through, their territory, of
hazardous wastes and substances for environmental and human
health reasons,

7. RECOGNIZING also the increasing mobilisation in Africa for
the prohibition of transboundary movements of hazardous wastes
and their disposal in African countries,

8. CONVINCED that hazardous wastes should, as far as is
compatible with environmentally sound and efficient management,
be disposed in the State where they were generated,

9. CONVINCED that the effective control and minimisation of
transboundary movements of hazardous wastes will act as an
incentive, in Africa and elsewhere, for the reduction of the
volume of the generation of such wastes,

10. NOTING that a number of international and regional
agreements deal with the problem of the protection and
preservation of the environment with regard to the transit of
dangerous goods,

11. TAKING into account the Declaration of the United Nations
Conference on the Human Environment (Stockholm, 1972), the 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, 1987, the Recommendations of the United
Nations Committee of Experts on the Transport of Dangerous Goods
(formulated in 1957 and updated biennially), the Charter of
Human Rights, relevant recommendations, declarations,
instruments and regulations adopted within the United Nations
System, the relevant articles of the 1989 Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and
their Disposal which allow for the establishment of regional
agreements which may be equal to or stronger than its own
provisions, Article 39 of the Lome IV Convention relating to the
international movement of hazardous wastes and radioactive
wastes, African intergovernmental organisations and the work and
studies done within other international and regional
organisations,

12. MINDFUL of the spirit, principles, aims and functions of the
African Convention on the Conservation of Nature and Natural
Resources adopted by the African Heads of State and Government
in Algiers (1968) and 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,

13. CONCERNED by the problem of transboundary traffic in
hazardous wastes,

14. RECOGNIZING the need to promote the development of clean
production methods, including clean technologies, for the sound
management of hazardous wastes produced in Africa, in
particular, to avoid, minimize and eliminate the generation of
such wastes,

15. RECOGNIZING also that where necessary hazardous wastes
should be transported in accordance with relevant international
conventions and recommendations,

16. Determined to protect, by strict control, the human health
of the African population and the environment against the
adverse effects which may result from the generation of
hazardous wastes,

17. AFFIRMING a commitment also to responsibly address the
problem of hazardous wastes originating within the Continent of
Africa,

HAVE AGREED AS FOLLOWS:

Article 1

DEFINITIONS

For the purpose of this Convention:

1. "Wastes" are substances or materials which are disposed of,
or are intended to be disposed of, or are required to be
disposed of by the provisions of national law;

2. "Hazardous wastes" means wastes as specified in Article 2 of
this Convention;

3. "Management" means the prevention and reduction of hazardous
wastes and the collection, transport, storage, and treatment
either for there use or disposal, of hazardous wastes including
after-care of disposal sites;

4. "Transboundary movement" means any movement of hazardous
wastes from an area under the national jurisdiction of any State
to or through an area under the national jurisdiction of another
State, or to or through an area not under the national
jurisdiction of another State, provided at least two States are
involved in the movement;

5. "Clean production methods" means production or industrial
systems which avoid, or eliminate the generation of hazardous
wastes and hazardous products in conformity with Article 4,
section 3 (f) and (g) of this Convention;

6. "Disposal" means any operation specified in Annex III to this
Convention;

7. "Approved site or facility" means a site or facility for the
disposal of hazardous wastes which is authorized or permitted to
operate for this purpose by a relevant authority of the State
where the site or facility is located;

8. "Competent authority" means one governmental authority
designated by a Party to be responsible, within such
geographical areas as the Party may think fit, for receiving the
notification of a transboundary movement of hazardous wastes and
any information related to it, and for responding to such a
notification, as provided in Article 6 of this Convention;

9. "Focal point" means the entity of a Party referred to in
Article 5 of this Convention responsible for receiving and
submitting information as provided for in Articles 13 and 16;

10. "Environmentally sound management of hazardous wastes" means
taking all practicable steps to ensure that hazardous wastes are
managed in a manner which will protect human health and the
environment against the adverse effects which may result from
such wastes;

11. "Area under the national jurisdiction of a State" means any
land, marine area or airspace within which a State exercises
administrative and regulatory responsibility in accordance with
international law in regard to the protection of human health or
the environment;

12. "State of export" means a Party from which a transboundary
movement of hazardous wastes is planned to be initiated or is
initiated;

13. "State of import" means a State to which a transboundary
movement is planned or takes place for the purpose of disposal
therein or for the purpose of loading prior to disposal in an
area not under the national jurisdiction of any State;

14. "State of transit" means any State, other than the State of
export or import, through which a movement of hazardous wastes
is planned or takes place;

15. "States concerned" means States of export or import, or
transit states, whether or not Parties;

16. "Person" means any natural or legal person;

17. "Exporter" means any person under the jurisdiction of the
State of export who arranges for hazardous wastes to be
exported;

18. "Importer" means any person under the jurisdiction of the
State of import who arranges for hazardous wastes to be
imported;

19. "Carrier" means any person who carries out the transport of
hazardous wastes;

20. "Generator" means any person whose activity produces
hazardous wastes, or, if that person is not known, the person
who is in possession and/or control of those wastes;

21. "Disposer" means any person to whom hazardous wastes are
shipped and who carries out the disposal of such wastes;

22. "Illegal traffic" means any transboundary movement of
hazardous wastes as specified in Article 9 of this Convention;

23. "Dumping at sea" means the deliberate disposal of hazardous
wastes at sea from vessels, aircraft, platforms or other
man-made structures at sea, and includes ocean incineration and
disposal into the seabed and sub-seabed.

Article 2

SCOPE OF THE CONVENTION

1. The following substances shall be "hazardous wastes" for the
purposes of this convention:

(a) Wastes that belong to any category contained in Annex I of
this Convention;

(b) Wastes that are not covered under paragraph (a) above but
are defined as, or are considered to be, hazardous wastes by the
domestic legislation of the Party of export, import or transit;

(c) Wastes which possess any of the characteristics contained in
Annex II of this Convention;

(d) Hazardous substances which have been banned, cancelled or
refused registration by government regulatory action, or
voluntarily withdrawn from registration in the country of
manufacture, for human health or environmental reasons.

2. Wastes which, as a result of being radioactive, are subject
to any international control systems, including international
instruments, applying specifically to radioactive materials, are
included in the scope of this Convention.

3. Wastes which derive from the normal operations of a ship, the
discharge of which is covered by another international
instrument, shall not fall within the scope of this convention.

Article 3

NATIONAL DEFINITIONS OF HAZARDOUS WASTES

1. Each State shall, within six months of becoming a Party to
this Convention, inform the Secretariat of the Convention of the
wastes, other than those listed in Annex I of this Convention,
considered or defined as hazardous under its national
legislation and of any requirements concerning transboundary
movement procedures applicable to such wastes.

2. Each Party shall subsequently inform the Secretariat of any
significant changes to the information it has provided pursuant
to Paragraph 1 of this Article.

3. The Secretariat shall forthwith inform all Parties of the
information it has received pursuant to paragraphs 1 and 2 of
this Article.

4. Parties shall be responsible for making the information
transmitted to them by the Secretariat under Paragraph 3 of this
Article available to their exporters and other appropriate
bodies.

Article 4

GENERAL OBLIGATIONS

1. Hazardous Waste Import Ban All Parties shall take appropriate
legal, administrative and other measures within the area under
their jurisdiction to prohibit the import of all hazardous
wastes, for any reason, into Africa from non-Contracting
Parties. Such import shall be deemed illegal and a criminal act.
All Parties shall:

(a) Forward as soon as possible, all information relating to
such illegal hazardous waste import activity to the Secretariat
who shall distribute the information to all Contracting Parties;

(b) Co-operate to ensure that no imports of hazardous wastes
from anon-Party enter a Party to this Convention. To this end,
the Parties shall, at the Conference of the Contracting Parties
to this Convention, consider other enforcement mechanisms.

2. Ban on Dumping of Hazardous Wastes at Sea and Internal Waters

(a) Parties in conformity with related international conventions
and instruments shall, in the exercise of their jurisdiction
within their internal waters, waterways, territorial seas,
exclusive economic zones and continental shelf, adopt legal,
administrative and other appropriate measures to control all
carriers from non-Parties, and prohibit the dumping at sea of
hazardous wastes, including their incineration at sea and their
disposal in the seabed and sub-seabed;

Any dumping of hazardous wastes at sea, including incineration
at sea as well as seabed and sub-seabed disposal, by Contracting
Parties, whether in internal waters, waterways, territorial
seas, exclusive economic zones or high seas shall be deemed to
be illegal;

(b) Parties shall forward, as soon as possible, all information
relating to dumping of hazardous wastes to the Secretariat which
shall distribute the information to all Contracting Parties.

3. Waste Generation in Africa

Each Party Shall:

(a) Ensure that hazardous waste generators submit to the
Secretariat reports regarding the wastes that they generate in
order to enable the Secretariat of the Convention to produce a
complete hazardous waste audit;

(b) Impose strict, unlimited liability as well as joint and
several liability on hazardous waste generators;

(c) Ensure that the generation of hazardous wastes within the
area under its jurisdiction is reduced to a minimum taking into
account social, technological and economic aspects;

(d) Ensure the availability of adequate treatment and disposal
facilities, for the environmentally sound management of
hazardous wastes which shall be located, to the extent possible,
within its jurisdiction;

(e) Ensure that persons involved in the management of hazardous
wastes within its jurisdiction take such steps as are necessary
to prevent pollution arising from such wastes and, if such
pollution occurs, to minimize the consequence thereof for human
health and the environment;

The Adoption of Precautionary Measures:

(f) Each Party shall strive to adopt and implement the
preventive, precautionary approach to pollution problems which
entails, inter-alia, preventing the release into the environment
of substances which may cause harm to humans or the environment
without waiting for scientific proof regarding such harm. The
Parties shall co-operate with each other in taking the
appropriate measures to implement the precautionary principle to
pollution prevention through the application of clean production
methods, rather than the pursuit of a permissible emissions
approach based on assimilative capacity assumptions;

(g) In this respect Parties shall promote clean production
methods applicable to entire product life cycles including:

- raw material selection, extraction and processing;

- product conceptualisation, design, manufacture and assemblage;

- materials transport during all phases;

- industrial and household usage;

- reintroduction of the product into industrial systems or
nature when it no longer serves a useful function;

Clean production shall not include "end-of-pipe" pollution
controls such as filters and scrubbers, or chemical, physical or
biological treatment. Measures which reduce the volume of waste
by incineration or concentration, mask the hazard by dilution,
or transfer pollutants from one environmental medium to another,
are also excluded;

(h) The issue of preventing the transfer to Africa of polluting
technologies shall be kept under systematic review by the
Secretariat of the Conference and periodic reports shall be made
to the Conference of the Parties;

Obligations in the Transport and Transboundary Movement of
Hazardous Wastes from Contracting Parties:

(i) Each Party shall prevent the export of hazardous wastes to
States which have prohibited by their legislation or
international agreement all such imports, or if it has reason to
believe that the wastes in question will not be managed in an
environmentally sound manner, according to criteria to be
decided on by the Parties at their first meeting;

(j) A Party shall not permit hazardous wastes to be exported to
a State which does not have the facilities for treating or
disposing of them in an environmentally sound manner;

(k) Each Party shall ensure that hazardous wastes to be exported
are managed in an environmentally sound manner in the State of
import and transit. Technical guidelines for the environmentally
sound management of wastes subject to this Convention shall be
decided by the Parties at their first meeting;

(l) The Parties agree not to allow the export of hazardous
wastes for disposal within the area South of 60 degrees South
Latitude, whether or not such wastes are subject to
transboundary movement;

(m) Furthermore, each Party shall:

(i) Prohibit all persons under its national jurisdiction from
transporting, storing or disposing of hazardous wastes unless
such persons are authorized or allowed to perform such
operations;

(ii) Ensure that hazardous wastes that are to be the subject of
a transboundary movement are packaged, labeled, and transported
in conformity with generally accepted and recognized
international rules and standards in the field of packaging,
labeling, and transport, and that due account is taken of
relevant internationally recognized practices;

(iii) Ensure that hazardous wastes be accompanied by a movement
document, containing information specified in Annex IV B, from
the point at which a transboundary movement commences to the
point of disposal;

(n) Parties shall take the appropriate measures to ensure that
the transboundary movements of hazardous wastes only are allowed
if:

(i) The State of export does not have the technical capacity and
the necessary facilities, capacity or suitable disposal sites in
order to dispose of the wastes in question in an environmentally
sound and efficient manner; or

(ii) The transboundary movement in question is in accordance
with other criteria to be decided by the Parties, provided those
criteria do not differ from the objectives of this Convention;

(o) Under this Convention, the obligation of States in which
hazardous wastes are generated, requiring that those wastes are
managed in an environmentally sound manner, may not under any
circumstances be transferred to the States of import or transit;

(p) Parties shall undertake to review periodically the
possibilities for the reduction of the amount and/or the
pollution potential of hazardous wastes which are exported to
other States;

(q) Parties exercising their right to prohibit the import of
hazardous wastes for disposal shall inform the other Parties of
their decision pursuant to Article 13 of this Convention;

(r) Parties shall prohibit or shall not permit the export of
hazardous wastes to States which have prohibited the import of
such wastes, when notified by the secretariat or any competent
authority pursuant to sub-paragraph (q) above;

(s) Parties shall prohibit or shall not permit the export of
hazardous wastes if the State of import does not consent in
writing to the specific import, in the case where that State of
import has not prohibited the import of such wastes;

(t) Parties shall ensure that the transboundary movement of
hazardous wastes is reduced to the minimum consistent with the
environmentally sound and efficient management of such wastes,
and is conducted in a manner which will protect human health and
the environment against the adverse effects which may result
from such movement;

(u) Parties shall require that information about a proposed
transboundary movement of hazardous wastes be provided to the
States concerned, according to Annex IV A of this Convention,
and clearly state the potential dangers of the wastes on human
health and the environment.

4. Furthermore

(a) Parties shall undertake to enforce the obligations of this
Convention against offenders and infringements according to
relevant national laws and/or international law;

(b) Nothing in this Convention shall prevent a Party from
imposing additional requirements that are consistent with the
provisions of this Convention, and are in accordance with the
rules of international law, in order to better protect human
health and the environment;

(c) This Convention recognizes the sovereignty of States over
their territorial sea, waterways, and air space established in
accordance with international law, and jurisdiction which States
have in their exclusive economic zone and their continental
shelves in accordance with international law, and the exercise
by ships and aircraft of all States of navigation rights and
freedoms as provided for in international law and as reflected
in relevant international instruments.

Article 5

DESIGNATION OF COMPETENT AUTHORITIES, FOCAL POINT AND DUMPWATCH

To facilitate the implementation of this Convention, the Parties
shall:

1. Designate or establish one or more competent authorities and
one focal point. One competent authority shall be designated to
receive the notification in case of a State of transit.

2. Inform the Secretariat, within three months of the date of
the entry into force of this Convention for them, which agencies
they have designated as their focal point and their competent
authorities.

3. Inform the Secretariat, within one month of the date of
decision, of any changes regarding the designations made by them
under paragraph 2 above.

4. Appoint a national body to act as a Dumpwatch. In such
capacity as a Dumpwatch, the designated national body only will
be required to co-ordinate with the concerned governmental and
non-governmental bodies.

Article 6

TRANSBOUNDARY MOVEMENT AND NOTIFICATION PROCEDURES

1. The State of export shall notify, or shall require the
generator or exporter to notify, in writing, through the channel
of the competent authority of the State of export, the competent
authority of the States concerned of any proposed transboundary
movement of hazardous wastes. Such notification shall contain
the declarations and information specified in Annex IV A of this
Convention, written in a language acceptable to the State of
import. Only one notification needs to be sent to each State
concerned.

2. The Party of import shall respond to the notifier in writing
consenting to the movement with or without conditions, denying
permission for the movement, or requesting additional
information. A copy of the final response of the State of import
shall be sent to the competent authorities of the States
concerned.

3. The State of export shall not allow the transboundary
movement until it has received:

(a) written consent of the State of import; and

(b) 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.

4. Each State of transit which is a Party shall promptly
acknowledge to the notifier receipt of the notification. It may
subsequently respond to the notifier in writing, within 60 days,
consenting to the movement with or without conditions, denying
permission for the movement, 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.

5. In the case of a transboundary movement of hazardous wastes
where the wastes are legally defined as or considered to be
hazardous wastes only:

(a) By the State of export, the requirements of paragraph 8 of
this Article that apply to the importer or disposer and the
State of import shall apply mutatis mutandis to the exporter and
State of export, respectively;

(b) By the Party of import, or by the States of import and
transit which are Parties, the requirements of paragraphs 1, 3,
4 and 6 of this Article that apply to the exporter and State of
export shall apply mutatis mutandis to the importer or disposer
and Party of import, respectively; or

(c) By any State of transit which is a Party to this Convention,
the provisions of paragraph 4 of this Article shall apply to
such State.

6. The State of export shall use a shipment specific
notification even where hazardous wastes having the same
physical and chemical characteristics are shipped regularly to
the same disposer via the same customs office of entry of the
State of import, and in the case of transit, via the same
customs office of entry and exit of the State or States of
transit; specific notification of each and every shipment shall
be required and contain the information in Annex IV A of this
Convention.

7. Each Party to this Convention shall limit their points or
ports of entry and notify the Secretariat to this effect for
distribution to all Contracting Parties. Such points and ports
shall be the only ones permitted for the transboundary movement
of hazardous wastes.

8. The Parties to this Convention shall require that each person
who takes charge of a transboundary movement of hazardous wastes
sign the movement document either upon delivery or receipt of
the wastes in question. They shall also require that the
disposer inform both the exporter and the competent authority of
the State of export of receipt by the disposer of the wastes in
question and, in due course, of the completion of disposal as
specified in the notification. If no such information is
received within the State of export, the competent authority of
the State of export or the exporter shall so notify the State of
import.

9. The notification and response required by this Article shall
be transmitted to the competent authority of the States
concerned or to such governmental authority as may be
appropriate in the case of non-Parties.

10. Any transboundary movement of hazardous wastes shall be
covered by insurance, bond or other guarantee as may be required
by the State of import or any State of transit.

Article 7

TRANSBOUNDARY MOVEMENT FROM A PARTY THROUGH STATES WHICH ARE NOT
PARTIES

Paragraph 2 and 4 of Article 6 of this Convention shall apply
mutatis mutandis to transboundary movements of hazardous wastes
from a Party through a State or States which are not Parties.

Article 8

DUTY TO RE-IMPORT

When a transboundary movement of hazardous wastes to which the
consent of the States concerned has been given, subject to the
provisions of this Convention, cannot be completed in accordance
with the terms of the contract, the State of export shall ensure
that the wastes in question are taken back into the State of
export, by the exporter, if alternative arrangements cannot be
made for their disposal in an environmentally sound manner
within a maximum of 90 days from the time that the importing
State informed the State of export and the Secretariat. To this
end, the State of export and any Party of transit shall not
oppose, hinder or prevent the return of those waste to the State
of export.

Article 9

ILLEGAL TRAFFIC

1. For the purpose of this Convention, any transboundary
movement of hazardous wastes under the following situations
shall be deemed to be illegal traffic:

(a) if carried out without notification, pursuant to the
provisions of this Convention, to all States concerned; or

(b) if carried out without the consent, pursuant to the
provisions of this Convention, of a State concerned; or

(c) if consent is obtained from States concerned through
falsification, misrepresentation or fraud; or

(d) if it does not conform in a material way with the documents;
or

(e) if it results in deliberate disposal of hazardous wastes in
contravention of this Convention and of general principles of
international law.

2. Each Party shall introduce appropriate national legislation
for imposing criminal penalties on all persons who have planned,
committed, or assisted in such illegal imports. Such penalties
shall be sufficiently high to both punish and deter such
conduct.

3. In case of a transboundary movement of hazardous 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 questionnaire taken back by the
exporter or generator or if necessary by itself into the State
of export, within 30 days from the time the State of export has
been informed about the illegal traffic. To this end the Parties
concerned shall not oppose, hinder or prevent the return of
those wastes to the State of export and appropriate legal action
shall be taken against the contravenor(s).

4. In the case of a transboundary movement of hazardous wastes
deemed to be illegal traffic as the result of conduct on the
part of the importer or disposer, the Party of import shall
ensure that the wastes in question are returned to the exporter
by the importer and that legal proceedings according to the
provisions of this Convention are taken against the
contravenor(s).

Article 10

INTRA-AFRICAN CO-OPERATION

1. The Parties to this Convention shall co-operate with one
another and with relevant African organisations, to improve and
achieve the environmentally sound management of hazardous
wastes.

2. To this end, the Parties shall:

(a) Make available information, whether on a bilateral or
multilateral basis, with a view to promoting clean production
methods and the environmentally sound management of hazardous
wastes, including harmonisation of technical standards and
practices for the adequate management of hazardous wastes;

(b) Co-operate in monitoring the effects of the management of
hazardous wastes on human health and the environment;

(c) Co-operate, subject to their national laws, regulations and
policies, in the development and implementation of new
environmentally sound clean production technologies and the
improvement of existing technologies with a view to eliminating,
as far as practicable, the generation of hazardous wastes and
achieving more effective and efficient methods of ensuring their
management in an environmentally sound manner, including the
study of the economic, social and environmental effects of the
adoption of such new and improved technologies;

(d) Co-operate actively, subject to their national laws,
regulations and policies, in the transfer of technology and
management systems related to the environmentally sound
management of hazardous wastes. They shall also co-operate in
developing the technical capacity among Parties, especially
those which may need and request technical assistance in this
field;

(e) Co-operate in developing appropriate technical guidelines
and/or codes of practice;

(f) Co-operate in the exchange and dissemination of information
on the movement of hazardous wastes in conformity with Article
13 of this Convention.

Article 11

INTERNATIONAL CO-OPERATION BILATERAL, MULTILATERAL AND REGIONAL
AGREEMENTS

1. Parties to this Convention may enter into bilateral,
multilateral, or regional agreements or arrangements regarding
the transboundary movement and management of hazardous wastes
generated in Africa with Parties or non-Parties provided that
such agreements or arrangements do not derogate from the
environmentally sound management of hazardous wastes as required
by this Convention. These agreements or arrangements shall
stipulate provisions which are no less environmentally sound
than those provide for by this Convention.

2. Parties shall notify the Secretariat of any bilateral,
multilateral or regional agreements or arrangements referred to
in paragraph 1 of this Article and those which they have entered
into prior to the entry inter office of this Convention for
them, for the purpose of controlling transboundary movements of
hazardous wastes which take place entirely among the Parties to
such agreements. The provisions of this Convention shall not
affect transboundary movements of hazardous wastes generated In
Africa which take place pursuant to such agreements provided
that such agreements are compatible with the environmentally
sound management of hazardous wastes as required by this
Convention.

3. Each Contracting Party shall prohibit vessels flying its flag
or aircraft registered in its territory from carrying out
activities in contravention of this Convention.

4. Parties shall use appropriate measures to promote South-South
co-operation in the implementation of this Convention.

5. Taking into account the needs of developing countries,
co-operation between international organisations is encouraged
in order to promote, among other things, public awareness, the
development of rational management of hazardous waste, and the
adoption of new and non/less polluting technologies.

Article 12

LIABILITIES AND COMPENSATION

The Conference of Parties shall set up an Ad Hoc expert organ to
prepare a draft Protocol setting out appropriate rules and
procedures in the field of liabilities and compensation for
damage resulting from the transboundary movement of hazardous
wastes.

Article 13

TRANSMISSION OF INFORMATION

1. The Parties shall ensure that in the case of an accident
occurring during the transboundary movement of hazardous wastes
or their disposal which is likely to present risks to human
health and the environment in other States, those States are
immediately informed.

2. The States shall inform each other, through the Secretariat,
of:

(a) Changes regarding the designation of competent authorities
and/or focal points, pursuant to Article 5 of this Convention;

(b) Changes in their national definition of hazardous wastes,
pursuant to Article 3 of this Convention;

(c) Decisions made by them to limit or ban the import of
hazardous wastes;

(d) Any other information required pursuant to paragraph 4 of
this Article.

3. The Parties, consistent with national laws and regulations,
shall setup information collection and dissemination mechanisms
on hazardous wastes. They shall transmit such information
through the Secretariat, to the Conference of the Parties
established under Article 15 of this Convention, before the end
of each calendar year, in a report on the previous calendar
year, containing the following information:

(a) Competent authorities, Dumpwatch, and focal points that have
been designated by them pursuant to Article 5 of this
Convention;

(b) Information regarding transboundary movements of hazardous
wastes in which they have been involved, including:

(i) The quantity of hazardous wastes exported, their category,
characteristics, destination, any transit country and disposal
method as stated on the notification;

(ii) The amount of hazardous wastes imported, their category,
characteristics, origin, and disposal methods;

(iii) Disposals which did not proceed as intended;

(iv) Efforts to achieve a reduction of the amount of hazardous
wastes subject to transboundary movement;

(c) Information on the measures adopted by them in the
implementation of this Convention;

(d) Information on available qualified statistics - which have
been compiled by them on the effects on human health and the
environment of the generation, transportation, and disposal of
hazardous wastes- as part of the information required in
conformity with Article 4 Section 3 (a) of this Convention;

(e) Information concerning bilateral, multilateral and regional
agreements and arrangements entered into pursuant to Article 11
of this Convention;

(f) Information on accidents occurring during the transboundary
movements, treatment and disposal of hazardous wastes and on the
measures undertaken to deal with them;

(g) Information on treatment and disposal options operated
within the area under their national jurisdiction;

(h) Information on measures undertaken for the development of
clean production methods, including clean production
technologies, for the reduction and/or elimination of the
production of hazardous wastes; and

(i) Such other matters as the Conference of the Parties shall
deem relevant.

4. The Parties, consistent with national laws and regulations,
shall ensure that copies of each notification concerning any
given transboundary movement of hazardous wastes, and the
response to it, are sent to the Secretariat.

Article 14

FINANCIAL ASPECTS

1. The regular budget of the Conference of Parties, as required
in Article 15 and 16 of this Convention, shall be prepared by
the Secretariat and approved by the Conference.

2. Parties shall, at the first meeting of the Conference of the
Parties, agree on a scale of contributions to the recurrent
budget of The Secretariat.

3. The Parties shall also consider the establishment of a
revolving fund to assist on an interim basis in case of
emergency situations to minimize damage from disasters or
accidents arising from transboundary movements of hazardous
wastes or during the disposal of such wastes.

4. The Parties agree that, according to the specific needs of
different regions and sub-regions, regional or sub-regional
centres for training and technology transfers regarding the
management of hazardous wastes and the minimisation of their
generation should be established, as well as appropriate funding
mechanisms of a voluntary nature.

Article 15

CONFERENCE OF THE PARTIES

1. A Conference of the Parties is hereby established. The first
meeting of the Conference of the Parties shall be convened by
the Secretary-General of the OAU not later than one year after
the entry into force of this Convention. Thereafter, ordinary
meetings of the Conference of the Parties shall be held at
regular intervals to be determined by the Conference at its
first meeting.

2. The Conference of the Parties shall adopt Rules of Procedure
for itself and for any subsidiary body it may establish, as well
as financial rules to determine in particular the financial
participation of the Parties to this Convention.

3. The Parties at their first meeting shall consider any
additional measures needed to assist them in fulfilling their
responsibilities with respect to the protection and the
preservation of the marine and inland waters environments in the
context of this Convention.

4. The Conference of the Parties shall keep under continuous
review and evaluation the effective implementation of this
Convention, and in addition, shall:

(a) promote the harmonisation of appropriate policies,
strategies and measures for minimizing harm to human health and
the environment by hazardous wastes;

(b) consider and adopt, as required, amendments to this
Convention and its annexes, taking into consideration, inter
alia, available scientific, technical, economic and
environmental information;

(c) consider and undertake any additional action that may be
required for the achievement of the purpose of this Convention
in the light of experience gained in its operation and in the
operation of the agreements and arrangements envisaged in
Article 11 of this Convention;

(d) consider and adopt protocols as required;

(e) establish such subsidiary bodies as are deemed necessary for
the implementation of this Convention; and

(f) make decisions for the peaceful settlement of disputes
arising from the transboundary movement of hazardous wastes, if
need be, according to international law.

5. Organisations may be represented as observers at meetings of
the Conference of the Parties. Any body or agency, whether
national or international, governmental or non-governmental,
qualified in fields relating to hazardous wastes which has
informed the Secretariat, may be represented as an observer at a
meeting of the Conference of the Parties. The admission and
participation of observers shall be subject to the rules of
procedure adopted by the Conference of the Parties.

Article 16

SECRETARIAT

1. The functions of the Secretariat shall be:

(a) To arrange for, and service, meetings provided for in
Article 15 and 17 of this Convention;

(b) To prepare and transmit reports based upon information
received in accordance with Articles 3, 4, 6, 11, and 13 of this
Convention as well as upon information derived from meetings of
subsidiary bodies established under Article 15 of this
Convention as well as upon, as appropriate, information provided
by relevant inter-governmental and non-governmental entities;

(c) To prepare reports on its activities carried out in the
implementation of its functions under this Convention and
present them to the Conference of the Parties;

(d) To ensure the necessary co-ordination with relevant
international bodies, and in particular to enter into such
administrative and contractual arrangements as may be required
for the effective discharge of its functions;

(e) To communicate with focal points, competent authorities and
Dumpwatch established by the Parties in accordance with Article
5 of this Convention as well as appropriate inter-governmental
and non-governmental organisations which may provide assistance
in the implementation of this Convention;

(f) To compile information concerning approved national sites
and facilities of Parties available for the disposal of their
hazardous wastes and to circulate this information;

(g) To receive and convey information from and to Parties on:

- sources of technical assistance and training;- available
technical and scientific know-how;- sources of advice and
expertise; and- availability of resources;

With a view to assisting them in such areas as:

- the handling of the notification system of this Convention;-
the management of hazardous wastes;- environmentally sound clean
production methods relating to hazardous wastes, such as clean
production technologies;- the assessment of disposal
capabilities and sites;- the monitoring of hazardous wastes;
and- emergency responses;

(h) To provide Parties to this Convention with information on
consultants or consulting firms having the necessary technical
competence in the field, which can assist them with examining a
notification for a transboundary movement, the concurrence of a
shipment of hazardous wastes with the relevant notification,
and/or whether the proposed disposal facilities for hazardous
wastes are environmentally sound, when they have reason to
believe that the wastes in question will not be managed in an
environmentally sound manner. Any such examinations would not be
at the expense of the Secretariat;

(i) To assist Parties to this Convention in their identification
of cases of illegal traffic and to circulate immediately to the
Parties concerned any information it has received regarding
illegal traffic;

(j) To co-operate with Parties to this Convention and with
relevant and competent international organisations and agencies
in the provision of experts and equipment for the purpose of
rapid assistance to States in the event of an emergency
situation; and

(k) To perform such other functions relevant to the purposes of
this Convention as may be determined by the Conference of the
Parties.

2. The Secretariat's functions will be carried out on an interim
basis by the OAU jointly with the United Nations Economic
Commission for Africa (ECU) until the completion of the first
meeting of the Conference of the Parties held pursuant to
Article 15 of this Convention. At this meeting, the Conference
of the Parties shall also evaluate the implementation by the
interim Secretariat of the functions assigned to it, in
particular under paragraph 1 above, and decide upon the
structures appropriate for those functions.

Article 17

AMENDMENT OF THE CONVENTION AND OF PROTOCOLS

1. Any Party may propose amendments to this Convention and any
Party to a Protocol may propose amendments to that Protocol.
Such amendments shall take due account, inter alia, of relevant
scientific, technical, environmental and social considerations.

2. Amendments to this Convention shall be adopted at a meeting
of the Conference of the Parties. Amendments to any Protocol
shall be adopted at a meeting of the Parties to the Protocol in
question. The text of any proposed amendment to this Convention
or to any Protocol, except as may otherwise be provided in such
Protocol, shall be communicated to the Parties by the
Secretariat at least six months before the meeting at which it
is proposed for adoption. The Secretariat shall also communicate
proposed amendments to the Signatories to this Convention for
their information.

3. The Parties shall make every effort to reach agreement on any
proposed amendment to this Convention by consensus. If all
efforts at consensus have been exhausted, and no agreement
reached, the amendment shall, as a last resort, be adopted by a
two-thirds majority vote of the Parties present and voting at
the meeting, and shall be submitted by the Depository to all
Parties for ratification, approval, formal confirmation or
acceptance.

Amendment of Protocols to this Convention

4. The procedure specified in paragraph 3 above shall apply to
amendments to any protocol, except that a two-thirds majority of
the Parties to that Protocol present and voting at the meeting
shall suffice for their adoption.

General Provisions

5. Instruments of ratification, approval, formal confirmation or
acceptance of amendments shall be deposited with the Depository.
Amendments adopted in accordance with paragraph 3 or 4 above
shall enter into force between Parties having accepted them, on
the ninetieth day after the receipt by the Depository of the
instrument of ratification, approval, formal confirmation or
acceptance by at least two-thirds of the Parties who accepted
the amendments to the Protocol concerned, except as may
otherwise be provided in such Protocol. The amendments shall
enter into force for any other Party on the ninetieth day after
that Party deposits its instrument of ratification, approval,
formal confirmation or acceptance of the amendments.

6. For the purpose of this Article, "Parties present and voting"
means Parties present and casting an affirmative or negative
vote.

Article 18

ADOPTION AND AMENDMENT OF ANNEXES

1. The annexes to this Convention or to any Protocol shall form
an integral part of this Convention or of such Protocol, as the
case may be and, unless expressly provided otherwise, a
reference to this Convention or its Protocols constitutes at the
same time a reference to any annexes thereto. Such annexes shall
be restricted to scientific, technical and administrative
matters.

2. Except as may be otherwise provided in any Protocol with
respect to its annexes, the following procedures shall apply to
the proposal, adoption and entry into force of additional
annexes to this Convention or of annexes to a protocol:

(a) Annexes to this Convention and its Protocols shall be
proposed and adopted according to the procedure laid down in
Article 17, paragraphs 1, 2, 3, and 4 of this Convention;

(b) Any Party that is unable to accept an additional annex to
this Convention or an annex to any Protocol to which it is Party
shall so notify the Depository, in writing, within six months
from the date of the communication of the adoption by the
Depository. The Depository shall without delay notify all
Parties of any such notification received. A Party may at any
time substitute an acceptance for a previous declaration of
objection and the annexes shall thereupon enter into force for
that Party;

(c) Upon the expiration of six months from the date of the
circulation of the communication by the Depository, the annex
shall become effective for all Parties to this Convention or to
any Protocol concerned, which have not submitted a notification
in accordance with the provision of sub-paragraph (b) above.

3. The proposal, adoption and entry into force of amendments to
annexes to this Convention or to any Protocol shall be subject
to the same procedure as for the proposal, adoption and entry
into force of annexes to the Convention or annexes to a
Protocol. Annexes and amendments thereto shall take due account,
inter alia, of relevant scientific and technical considerations.

4. If an additional annex or an amendment to an annex involves
an amendment to this Convention or to any Protocol, the
additional annex or amended annex shall not enter into force
until such time as the amendment to this Convention or to the
Protocol enters into force.

Article 19

VERIFICATION

Any Party which has reason to believe that another Party is
acting or has acted in breach of its obligations under this
Convention must inform the Secretariat thereof, and in such an
event, shall simultaneously and immediately inform, directly or
through the Secretariat, the Party against whom the allegations
are made. The Secretariat shall carry out a verification of the
substance of the allegation and submit a report thereof to all
the Parties to this Convention.

Article 20

SETTLEMENT OF DISPUTES

1. In case of dispute between Parties as to the interpretation
or application of, or compliance with, this Convention or any
Protocol thereto, the Parties shall seek a settlement of the
dispute through negotiations or any other peaceful means of
their own choice.

2. If the Parties concerned cannot settle their dispute as
provided in paragraph 1 of this Article, the dispute shall be
submitted either to an Ad Hoc organ set up by the Conference for
this purpose, or to the International Court of Justice.

3. The conduct of arbitration of disputes between Parties by the
Ad Hoc organ provided for in paragraph 2 of this Article shall
be as provided in Annex V of this Convention.

Article 21

SIGNATURE

This Convention shall be open for signature by Member States of
the OAU for a period of six months from 30 January 1991 to 30
July 1991.

Article 22

RATIFICATION, ACCEPTANCE, FORMAL CONFIRMATION OR APPROVAL

1. This Convention shall be subject to ratification, acceptance,
formal confirmation, or approval by Member States of the OAU.
Instruments of ratification, acceptance, formal confirmation, or
approval shall be deposited with the Depositary.

2. Parties shall be bound by all obligations of this Convention.

Article 23

ACCESSION

This Convention shall be open for accession by Member States of
the OAU from the day after the date on which the Convention is
closed for signature. The instruments of accession shall be
deposited with the Depository.

Article 24

RIGHT TO VOTE

Each Contracting Party to this Convention shall have one vote.

Article 25

ENTRY INTO FORCE

1. This Convention shall enter into force on the ninetieth day
after the date of deposit of the tenth instrument of
ratification from Parties signatory to this Convention.

2. For each State which ratifies this Convention or accedes
thereto after the date of the deposit of the tenth instrument of
ratification, it shall enter into force on the ninetieth day
after the date of deposit by such State of its instrument of
accession or ratification.

Article 26

RESERVATIONS AND DECLARATIONS

1. No reservations or exception may be made to this Convention.

2. Paragraph 1 of this Article does not preclude a State when
signing, ratifying, or acceding to this Convention, from making
declarations or statements, however phrased or named, with a
view, inter alia, to the harmonisation of its laws and
regulations with the provisions of this Convention, provided
that such declarations or statements do not purport to exclude
or to modify the legal effects of the provisions of the
Convention in their application to that State.

Article 27

WITHDRAWAL

1. At any time after three years from the date on which this
Convention has entered into force for a Party, that Party may
withdraw from the Convention by giving written notification to
the Depository.

2. Withdrawal shall be effective one year after receipt of
notification by the Depository, or on such later date as may be
specified in the notification.

3. Withdrawal shall not exempt the withdrawing Party from
fulfilling any obligations it might have incurred under this
Convention.

Article 28

DEPOSITARY

The Secretary-General of the Organisation of African Unity shall
be the Depositary for this Convention and of any Protocol
thereto.

Article 29

REGISTRATION

This Convention, as soon as it enters into force, shall be
registered with the Secretary-General of the United Nations (UN)
in conformity with Article 102 of the Charter of the UN.

Article 30

AUTHENTIC TEXTS

The Arabic, English, French and Portuguese texts of this
Convention are equally authentic.

IN WITNESS WHEREOF the undersigned, being duly authorized to
that effect, have signed this Convention.

Adopted in Bamako, Mali, on 29 January 1991.

Annex I

CATEGORIES OF WASTES WHICH ARE HAZARDOUS WASTES

Waste Streams:

Y0 All wastes containing or contaminated by radionuclides, the
concentration or properties of which result from human activity

Y1 Clinical wastes from medical care in hospitals, medical
centers and clinics

Y2 Wastes from the production and preparation of pharmaceutical
products

Y3 Waste pharmaceuticals, drugs and medicines

Y4 Wastes from the production, formulation and use of biocides
and phytopharmaceuticals

Y5 Wastes from the manufacture, formulation and use of wood
preserving chemicals

Y6 Wastes from the production, formulation and use of organic
solvents

Y7 Wastes from heat treatment and tempering operations
containing cyanides

Y8 Waste mineral oils unfit for their originally intended use

Y9 Waste oils/water, hydrocarbons/water mixtures, emulsions

Y10 Waste substances and articles containing or contaminated
with polychlorinated biphenyls (PCBs) and/or polychlorinated
terphenyls(PCTs) and/or polybrominated biphenyls (PBBs)

Y11 Waste tarry residues arising from refining, distillation and
any pyrolytic treatment

Y12 Wastes from production, formulation and use of inks, dyes,
pigments, paints, lacquers, varnish

Y13 Wastes from production, formulation and use of resins,
latex, plasticizers, glues/adhesives

Y14 Waste chemical substances arising from research and
development or teaching activities which are not identified
and/or are new and whose effects on man and/or the environment
are not known

Y15 Wastes of an explosive nature not subject to other
legislation

Y16 Wastes from production, formulation and use of photographic
chemicals and processing materials

Y17 Wastes resulting from surface treatment of metals and
plastics

Y18 residues arising from industrial waste disposal operations

Y46 Wastes collected from households, including sewage and
sewage sludges

Y47 Residues arising from the incineration of household wastes

Wastes having as constituents:

Y19 Metal carbonyls

Y20 Beryllium; beryllium compounds

Y21 Hexavalent chromium compounds

Y22 Copper compounds

Y23 Zinc compounds

Y24 Arsenic; arsenic compounds

Y25 Selenium; selenium compounds

Y26 Cadmium; cadmium compounds

Y27 Antimony; antimony compounds

Y28 Tellurium; tellurium compounds

Y29 Mercury; mercury compounds

Y30 Thallium; thallium compounds

Y31 Lead; lead compounds

Y32 Inorganic fluorine compounds excluding calcium fluoride

Y33 Inorganic cyanides

Y34 Acidic solutions or acids in solid form

Y35 Basic solutions or bases in solid form

Y36 Asbestos (dust and fibres)

Y37 Organic phosphorous compounds

Y38 Organic cyanides

Y39 Phenols; phenol compounds including chlorophenols

Y40 Ethers

Y41 Halogenated organic solvents

Y42 Organic solvents excluding halogenated solvents

Y43 Any congener of polychlorinated dibenzo-furan

Y44 Any congener of polychlorinated dibenzo-p-dioxin

Y45 Organohalogen compounds other than substances referred to in
this Annex (e.g., Y39, Y41, Y42, Y43, Y44).

Annex II

LIST OF HAZARDOUS CHARACTERISTICS

UN Code Characteristics Class*

1. H1 Explosive

An explosive substance or waste is a solid or liquid substance
or waste (or mixture of substances or wastes) which is in itself
capable by chemical reaction or producing gas at such a
temperature and pressure and at such a speed as to cause damage
to the surroundings.

3. H3 Flammable liquids

The word "flammable" has the same meaning as "inflammable".
Flammable liquids are liquids, or mixtures of liquids, or
liquids containing solids in solution or suspension (for example
paints, varnishes, lacquers, etc., but not including substances
or wastes otherwise classified on account of their dangerous
characteristics) which give off a flammable vapour at
temperatures of not more than 60.5 degrees C, closed-cup test,
or not more than 65.6 degrees C, open-cup test. (Since the
results of open-cup tests and of closed-cup tests are not
strictly comparable and even individual results by the same test
are often variable, regulations varying from the above figures
to make allowance for such difference would be within the spirit
of this definition).

4.1. H 4.1 Flammable solids

Solids, or waste solids, other than those classed as explosives,
which under conditions encountered in transport are readily
combustible, or may cause or contribute to fire through
friction.

4.2. H 4.2 Substances or wastes liable to spontaneous combustion

Substances or wastes which are liable to spontaneous heating
under normal conditions encountered in transport, or to heating
up on contact with air, and being then liable to catch fire.

4.3. H 4.3 Substances or wastes which, in contact with water
emit flammable gases

Substances or wastes which, by interaction with water, are
liable to become spontaneously flammable or to give off
flammable gases in dangerous quantities.

5.1. H 5.1 Oxidizing

Substances or wastes which, while in themselves not necessarily
combustible, may, generally by yielding oxygen, cause or
contribute to the combustion of other materials.

5.2 H 5.2 Organic peroxides

Organic substances or wastes which contain the
bivalent-O-O-structure are thermally unstable substances which
may undergo exothermic self-accelerating decomposition.

6.1 H 6.1 Poisonous (Acute)

Substances or wastes liable either to cause death or serious
injury or to harm human health if swallowed or inhaled or by
skin contact.

6.2 H 6.2 Infectious substances

Substances or wastes containing viable microorganisms or their
toxins which are known or suspected to cause disease in animals
or humans.

8 H8 Corrosives

Substances or wastes which, by chemical action, will cause
severe damage when in contact with living tissue, or in the case
of leakage, will materially damage, or even destroy, other goods
or the means of transport; they may also cause other hazards.

9 H10 Liberation of toxic gases in contact with air or water

Substances or wastes which, by interaction with air or water,
are liable to give off toxic gases in dangerous quantities.

9 H11 Toxic (Delayed or chronic)

Substances or wastes which, if they are inhaled or ingested or
if they penetrate the skin, may involve delayed or chronic
effects, including carcinogenicity.

9. H12 Ecotoxic

Substances or wastes which if released present or may present
immediate or delayed adverse impacts to the environment by means
of bioaccumulation and/or toxic effects upon biotic systems.

9. H13 Capable, by any means, after disposal, of yielding
another material, e.g., leachate, which possesses any of the
characteristics listed above.

* Corresponds to the hazardous classification system included in
the United Nations Recommendations on the transport of Dangerous
Goods(ST/SG/AC.10/1/Rev.5, United Nations, New York, 1988).

Annex III

DISPOSAL OPERATIONS

D1 Deposit into or onto land, (e.g., landfill, etc.)

D2 Land treatment, (e.g., biodegradation of liquid or sludgy
discards in soils, etc.)

D3 Deep injection, (e.g., injection of pumpable discards into
wells, salt domes or naturally occurring repositories, etc.)

D4 Surface impoundment, (e.g. placement of liquid or sludge
discards into pits, ponds, or lagoons, etc.)

D5 Specially engineered landfill, (e.g., placement into lined
discrete cells which are capped and isolated from one another
and the environment, etc.)

D6 Release into a water body except seas/oceans

D7 Release into seas/oceans including sea-bed insertion

D8 Biological treatment not specified elsewhere in this Annex
which results in final compounds or mixtures which are discarded
by means of any of the operations in Annex III

D9 Physico-chemical treatment not specified elsewhere in this
Annex which results in final compounds or mixtures which are
discarded by means of any of the operations in Annex III, (e.g.,
evaporation, drying, calcination, neutralisation, precipitation,
etc.)

D10 Incineration on land

D11 Incineration at sea

D12 Permanent storage, (e.g., emplacement of containers in a
mine, etc.)

D13 Blending or mixing prior to submission to any of the
operations in Annex III

D14 Repackaging prior to submission to any of the operations in
Annex III

D15 Storage pending any of the operations in Annex III

D16 Use as a fuel (other than in direct incineration) or other
means to generate energy

D17 Solvent reclamation/regeneration

D18 Recycling/reclamation of organic substances which are not
used as solvents

D19 Recycling/reclamation of metals and metal compounds

D20 Recycling/reclamation of other inorganic materials

D21 Regeneration of acids and bases

D22 Recovery of components used for pollution abatement

D23 Recovery of components from catalysts

D24 Used oil re-refining or other reuses of previously used oil

D25 Land treatment resulting in benefit to agriculture or
ecological improvement

D26 Uses of residual materials obtained from any of the
operations numbered D1-D25

D27 Exchange of wastes for submission to any of the operations
numbered D1-D26

D28 Accumulation of material intended for any operation in Annex
III

Annex IV A

INFORMATION TO BE PROVIDED ON NOTIFICATION

1. Reason for waste export

2. Exporter of the waste 1/

3. Generator(s) of the waste and site of generation 1/

4. Importer and Disposer of the waste and actual site of
disposal 1/

5. Intended carrier(s) of the waste or their agents, if known 1/

6. Country of export of the waste Competent authority 2/

7. Countries of transit Competent authority 2/

8. Country of import of the waste Competent authority 2/

9. Projected date of shipment and period of time over which
waste is to be exported and proposed itinerary (including point
of entry and exit)

10. Means of transport envisaged (road, rail, sea, air, inland
waters)

11. Information relating to insurance 3/

12. Designation and physical description of the waste including
Y number and UN number and its composition 4/ and information on
any special handling requirements including emergency provisions
in case of accidents.

13. Type of packaging envisaged (e.g., bulk, drummer, tanker)

14. Estimated quantity in weight/volume

15. Process by which the waste is generated 5/

16. Waste classifications from Annex II of this Convention:
Hazardous characteristics, H number, and UN class.

17. Method of disposal as per Annex III of this Convention.

18. Declaration by the generator and exporter that the
information is correct.

19. Information transmitted (including technical description of
the plant) to the exporter or generator from the disposer of the
waste upon which the latter has based his assessment that there
was no reason to believe that the wastes will not be managed in
an environmentally sound manner in accordance with the laws and
regulations of the country of import.

20. Information concerning the contract between the exporter and
disposer.

Notes

1/ Full name and address, telephone, telex or telefax number and
the name, address, telephone, telex, or telefax number of the
person to be contacted.

2/ Full name and address, telephone, telex or telefax number.

3/ Information to be provided on relevant insurance requirements
and how they are met by exporter, carrier, and disposer.

4/ The nature and the concentration of the most hazardous
components, in terms of toxicity and other dangers presented by
the waste both in handling and in relation to the proposed
disposal method.

5/ Insofar as this is necessary to assess the hazard and
determine the appropriateness of the proposed disposal
operation.

Annex IV B

INFORMATION TO BE PROVIDED ON THE MOVEMENT DOCUMENT

1. Exporter of the waste 1/

2. Generator(s) of the waste and site of generation 1/

3. Disposer of the waste and actual site of disposal 1/

4. Carrier(s) of the waste 1/ or his agent(s)

5. The date the transboundary movement started and date(s) and
signature on receipt by each person who takes charge of the
waste

6. Means of transport (road, rail, inland waterway, sea,
air)including countries of export, transit and import, also
point of entry and exit where these have been designated

7. General description of the waste (physical state, proper UN
shipping name and class, UN number, Y number and H number as
applicable)

8. Information on special handling requirements including
emergency provisions in case of accidents

9. Type and number of packages

10. Quantity in weight/volume

11. Declaration by the generator or exporter that the
information is correct

12. Declaration by the generator or exporter indicating no
objection from the competent authorities of all States concerned

13. Certification by disposer of receipt at designated disposal
facility and indication of method of disposal and of the
appropriate date of disposal.

Notes

The information required on the movement document shall where
possible be integrated into one document with that required
under transport rules. Where this is not possible, the
information should complement rather than duplicate that
required under the transport rules. The movement document shall
carry instructions as to who is to provide information and
fill-out any form.

1/ Full name and address, telephone, telex or telefax number and
the name, address, telephone, telex or telefax number of the
person to be contacted in case of emergency.

Annex V

ARBITRATION

Article 1

Unless the agreement referred to in Article 20 of the Convention
provides otherwise, the arbitration procedure shall be conducted
in accordance with Articles 2 to 10 below.

Article 2

The claimant Party shall notify the Secretariat that the Parties
have agreed to submit the dispute to arbitration pursuant to
paragraph 1 or paragraph 2 of Article 20 of this Convention and
include, in particular, the Articles of the Convention, and the
interpretation or application of which are at issue. The
Secretariat shall forward the information thus received to all
Parties to the Convention.

Article 3

The arbitral tribunal shall consist of three members. Each of
the Parties to the dispute shall appoint an arbitrator, and the
two arbitrators so appointed shall designate by common agreement
the third arbitrator, who shall be the chairman of the tribunal.
The latter shall not be a national of one of the parties to the
dispute, nor have his usual place of residence in one of the
Parties, nor be employed by any of them, nor have dealt with the
case in any other capacity.

Article 4

1. If the chairman of the arbitral tribunal has not been
designated within two months of the appointment of the second
arbitrator, the Secretary-General of the OAU shall, at the
request of either Party, designate him within a further two
months period.

2. If one of the Parties to the dispute does not appoint an
arbitrator within two months of the receipt of the request, the
other Party may inform the Secretary-General of the OAU who
shall designate the chairman of the arbitral tribunal within a
further two months period. Upon designation, the chairman of the
arbitral tribunal shall request the Party which has not
appointed an arbitrator to do so within two months. After such
period, he shall inform the Secretary-General of the OAU who
shall make this appointment within a further two month's period.

Article 5

1. The arbitral tribunal shall render its decision in accordance
with international law and in accordance with the provisions of
this Convention.

2. Any arbitral tribunal constituted under the provisions of
this Annex shall draw up its own rules of procedure.

Article 6

1. The decisions of the arbitral tribunal both on procedure and
on substance, shall be taken by majority vote of its members.

2. The tribunal may take all appropriate measures in order to
establish the facts. It may, at the request of one of the
Parties, recommend essential interim measures of protection.

3. The Parties to the dispute shall provide all facilities
necessary for the effective conduct of the proceedings.

4. The absence or default of a Party in the dispute shall not
constitute an impediment to the proceedings.

Article 7

The tribunal may hear and determine counter-claims arising
directly out of the subject-matter of the dispute.

Article 8

Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the expenses of the
tribunal, including the remuneration of its members, shall be
borne by the Parties to the dispute in equal shares. The
tribunal shall keep a record of all its expenses, and shall
furnish a final statement thereof to the Parties.

Article 9

Any Party that has an interest of a legal nature in the
subject-matter of the dispute which may be affected by the
decision in the case, may intervene in the proceedings with the
consent of the tribunal.

Article 10

1. The tribunal shall render its award within five months of the
date on which it is established unless it finds it necessary to
extend the time-limit for a period which should not exceed five
months.

2. The award of the arbitral tribunal shall be accompanied by a
statement of reasons. It shall be final and binding upon the
Parties to the dispute.

3. Any dispute which may arise between the Parties concerning
the interpretation or execution of the award may be submitted by
either Party to the arbitral tribunal which made the award or,
if the latter cannot be seized thereof, to another tribunal
constituted for this purpose in the same manner as the first.