TNAG-2301-FCO40-3329-Basel-Convention-on-the-Control-of-Transboundary-Movements-o-1991 — Page 30

2. If circumstances/conditions ennumerated in paragraph 1 do not apply, the

regulatory authority can permit the exportation of hazardous wastes or other

wastes after the fulfillment of the following conditions:

a) the exporter must inform the Regulatory Authority of the exact

nature of the waste to be exported

b) After approval by the Regulatory Authority, it will notify or ask

the genertor to notify, in writing, the competent authority of the

States concerned, in a language acceptable to it, of the proposed

tansboundary movement

Such notification shall contain detailed information on: the reason for

waste export, the generator, the exporter, the disposer, the carrier,

projected date of shipment and arrival, mode of transport, insurance,

designation and physical description of the waste, type of packaging

envisaged, estimated quantity, method of disposal, and contractual

details between the exporter and the importer.

c)

The Regulatory Authority will allow the shipment of the wastes only

after receiving the written consent of the States concerned and the

confirmation of the existence of a contract between the exporter and

the disposer specifying environmentally sound management of the waste

in question. But in the case of a transit-State which has either no

policy of granting written consent in such cases, or has waived the

requirement of written consent, "tacit consent" shall be presumed after

60 days of acknowleged receipt (by the transit-State) of the request

from the Regulatory Authority (for consent) so long as no other

conditions are imposed or objections raised by the transit-State in

question during this sixty-day period

3.

If a tansboundary movement of hazardous wastes or other wastes, to which

consent of the States concerened has been given, subject to the provision of

article.......of this Law, cannot be completed in accordance with the terms of

the contract, the Regulatory Authority shall require the exporter to develop

an alternative means of environmentally sound disposal of such wastes.

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