THE HON. FRANCIS ZAMMIT DIMECH, MINISTER FOR THE ENVIRONMENT, DELIVERS OPENING ADDRESS AT THE SEMINAR ON THE BASLE CONVENTION (TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL)

The Minister for the Environment said that the ratification of the Basle Convention on the control of the Transboundary Movement of Hazardous Wastes and their Disposal has long been considered as a priority both by the Environment Protection Department and the constituted bodies and Non-Governmental Organisations. Since its conclusion, Malta has shown a consistent interest in acceding to this Convention and despite not being a Contracting party, it has, to a large extent, complied with its rules. Unfortunately, administrative difficulties meant that the decision to accede was suspended for a number of years. It is therefore a matter of pride for this Government to have finally taken this Convention definitively on board. In fact, ratification took place in June, 2000, following a Cabinet Decision to this effect. The Convention came into force on the 17September, 2000.

Dr. Francis Zammit Dimech explained that the Basle Convention aims at the regulation of the international, transboundary transport of hazardous wastes, limiting the movement of such waste and ensuring that it is disposed of in an environmentally sound manner. Parties can control and prohibit the import and transit of hazardous waste into their territory. Additionally, countries which, like Malta, often cannot dispose of their hazardous waste, are presented with a solution to their problem in that they are empowered to export such waste to Contracting Parties which are then able to dispose of it in an environmentally sound manner. The export of hazardous waste is one manner in which the waste management problem in Malta can be alleviated.

The Minister for the Environment reiterated that the Basle Convention regulates and sets out the minimum standards for the international shipment of waste, which it defines as "hazardous". The illegal traffic in such waste is deemed to be criminal. Illegal traffic of hazardous waste means all traffic of waste, which does not respect the conditions for the transboundary movement of waste as set out in the Convention.

Minister Zammit Dimech spoke of a number of obligations for the Contracting Parties set out by the Convention. These include obligations concerning:

1. The minimisation of the generation of waste

2. The availability of adequate environmentally sound disposal facilities for the management of hazardous waste

3. The adoption of the precautionary principle and the minimisation of the effects of pollution on human health and the environment

4. The minimisation of the transboundary movement of hazardous and other waste

5. The prohibition of the export of wastes to developing parties or to parties which cannot manage such waste in an environmentally friendly manner

6. The prevention of the importation of hazardous waste when such waste will not be managed in an environmentally sound manner

7. Co-operation in activities which aim at the improvement of the environmentally sound management of waste and the prevention of illegal traffic.

The Minister for the Environment said that parties must also ensure that whoever transports and disposes of hazardous wastes within their jurisdiction is authorised to perform such operations. The export of hazardous wastes can only be permitted where the exporting State cannot dispose of such waste in an environmentally sound and efficient manner or where the importing State requires such wastes as a raw material for its recycling or recovery industries. The export or import of hazardous waste from non-Parties may not be permitted.

These latter provisions mean that both non-parties and developing countries are protected from becoming the dumping grounds of those Contracting Parties which can afford to pay to ship out any hazardous waste.

Dr. Zammit Dimech said that the Convention also sets out certain administrative and reporting requirements, which must be complied with in any case involving the transboundary movement of hazardous waste. An important aspect of the Convention relates to the requirement of prior informed consent of the party receiving the hazardous waste. This goes hand in hand with the right to refuse to accept hazardous wastes particularly where a State does not have the facilities to dispose of them in an environmentally sound manner.

The regulation and control on the transboundary movement of hazardous wastes implies the establishment of an efficient and comprehensive administrative system run by the competent authority, the Environment Protection Department.

The EPD shall ensure that any operation leading to the transboundary movement of hazardous wastes complies with the requirements of the Convention and that such operations are only carried out with the prior informed, written consent of transit and import States.

The adoption of the Convention, added Dr. Francis Zammit Dimech, has also meant the adoption of a number of Regulations which entered into force on the 17 September, 2000, the date when the Convention itself entered into force. These Regulations granted to the EPD the regulatory power to formulate and adopt rules, regulations and guidelines to put the obligations related to the Convention into effect.

The Minister for the Environment said that the accession to the Basle Convention is extremely important for Malta. It is one solution to certain aspects of waste management on the Islands, a first in a series of steps in the right direction. The problem of the environmentally sound management of waste has long been identified as an issue of national importance. Successive governments have sought ways and means through which to deal with the waste generated on the islands in a manner which causes the least possible harm to the environment. The Maghtab problem cannot be solved unless the underlying cause is tackled in a serious concerted manner. Both Maghtab and the management of waste are a national problem, a problem in which we all "own" a share and to which we must offer the best possible solution. This problem cannot be solved only through the provision of facilities for the reduction, reuse and recycling of waste. It can only be solved through such an important step as the ratification of a Convention which offers us a manner to dispose of our hazardous waste in an environmentally sound manner. Dr. Zammit Dimech said that each and every one of us must consciously change his attitude towards consumption and towards the waste which results from such consumption in order to reduce the waste generated or else to set aside that part of waste which can be put to an alternative use. However, accession to the Basle Convention remains an important step forward, both in the national context given that it provides more options for the disposal of hazardous wastes and also in the international context, being a signal to the international Community that Malta is committing itself to ensuring that the transboundary movements of hazardous wastes and their disposal are conducted in an environmentally sound manner. Finally it represents an important step forward in the harmonisation of Malta's legislation with the European Unions's acquis communautaire.