EU Rings in the Year with Export Ban

Major environmental legislation developments continued throughout 1997 and into 1998 with the European Union (EU) decision to ban exports of certain materials to all developing countries.

The Fourth Conference of the Parties to the Basel Convention (COP4), due to take place in November 1997, was postponed.  Much preparatory work had been done for this important meeting.  The status of the lists formulated by the Technical Working Group (TWG) to define wastes deemed hazardous and to be covered by the Basel Ban List A, and that of the wastes not to be banned (List B), were almost settled.  As Recycling Today was going to press, COP4 was re-scheduled to take place in Kuching (Malaysia).

High on the agenda for COP4 is the ratification of what is now known as the Ban Amendment (Decision III/1), designed to ban exports of hazardous wastes for recycling to non-OECD countries. In spite of the fact that Decision III/1 has not yet been ratified by the Conference of the Parties, the EU declared that it would enforce the ban beginning January 1, 1998.

The delay of COP4, coupled with legislation enacted in various countries has led to great uncertainty about which materials are and/or will be banned.

A number of issues still need to be resolved. The World Recycling Industry (WRI), through the International Chamber of Commerce (ICC) has prepared a Policy Statement on the Basel Convention that will be presented at COP4.

WRI is in favor of Lists A and B --  as drawn up by TWG -- being adopted with equal standing (as they refer to one another) and preferably being included in annexes to the Convention.

WRI believes that parties should fight to support Article 11 of the Basel Convention that offers the possibility for sovereign nations to conclude  bi- and multi-lateral agreements for trade in certain materials. The Basel Convention also provides that countries may (by their own decision) accept imports of wastes that are needed as raw materials for recycling or recovery industries.  Both these sovereign rights must be promoted and preserved.

To prove that trade bans do come into force, the EU has implemented a ban on exports of materials listed on the OECD Amber and Red Lists to non-OECD countries beginning January 1.  Furthermore, the EU proposes to ban exports of lead, cadmium, antimony, beryllium, thallium, selenium and tellurium scrap to African, Caribbean and Pacific countries who are signatories to the Lome Convention.  Interestingly, South Africa is in the process of joining Lome.

These and other critical issues will be examined in detail during BIR’s 50th Anniversary Convention in Paris from May 25 to 27.

The author is the BIR’s communications officer.