TNAG-2301-FCO40-3329-Basel-Convention-on-the-Control-of-Transboundary-Movements-o-1991 — Page 38

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Ms J Barrett, Legal Advisers

FROM: N Alexander, ESED 2275

DATE: 8 July 1991

Mr K Chamberlain, Legal Advisers

Cc: Ms Proctor, WIAD

Mr Innes, SAAD

Mr Richardson, SAAD Mr Walker, EAD

Mr Sainty, HKD

Miss Gates, SPD fa new lite

HAZARDOUS WASTES: THE DEPENDENT TERRITORIES

1.

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Extention to HK' OL Base Convention

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convention).

The transport and disposal of hazardous wastes is currently a highly contentious issue and looks likely to remain so. The international instrument intended to regulate the movement and disposal of waste is the Basel Convention (copy attached). The UK signed the text on 6 October 1989. Ratification by EC states will follow the adoption of an implementing EC regulation, which is currently being negotiated in Brussels.

2.

UK Dependent Territories were consulted whether they wished to be associated with the UK ratification of Basel. You will see from the attached replies that the response was positive, provided that the financial implications for DTs were strictly limited. Informal contact with the interim secretariat for the Basel Convention indicates that UK dependencies will not be expected to make a financial contribution for the administration of the Convention in addition to that made by the UK.

3.

The problem arises as to how to asscociate the DTS with UK ratification if UK ratification is based on an EC Regulation and no local legislation is in place. Legislation is required both to implement Basel and protect the DTS from unscrupulous waste merchants. TCI have already been offered the "opportunity" to take in US waste at an attractive rate (see extract from Greenpeace Report). Another scheme floated last year by an Austrian/South African consortium was to build a large scale toxic waste incinerator in the Falkland Islands.

4. I have consulted WIAD, and they have passed on the particular concern of Caribbean DTS that the large quantity of waste exported by the US may find its way onto their doorstep.

5.

To solve both the ratification problem and the lack of legislation, I would therefore propose that, with your agreement, we would begin work on drawing up an Order in Council or an Ordinance banning waste imports into the DTs. Dependent

Territory authorities are likely to welcome the OIC for their own. protection.

6.

It appears that the text could be relatively simple. There would be two provisions:

(a) a ban on imports of waste (b) a licence for exports