technical guidelines for the ESM of various categories of wastes. These technical
guidelines usually focus on: (a) certain types of wastes, e.g., electronic waste,
pneumatic tires, ships; (b) wastes with hazardous characteristics as established in
Annex III of the Basel Convention, e.g., delayed toxicity; (c) wastes having certain
constituents as established in Annex I of the Basel Convention, e.g., wastes
containing or contaminated with mercury; and (d) wastes belonging to certain
waste streams as established in Annex I of the Basel Convention, e.g., waste
oils.
31 These technical guidelines could certainly assist States in managing wastes
in an environmentally sound manner whether or not those wastes have been subject
to a transboundary movement. They could be particularly relevant for States that
have yet to develop national waste management plans, or those that struggle to
integrate ship wastes into national waste management.
The Manual on Port Reception Facilities developed under the auspices of IMO
suggests that guidance regarding the management of ship wastes on land can be
found in the technical guidelines adopted by the COP to the Basel Convention.
32 In
order to assess to what extent these technical guidelines cover MARPOL wastes, the
COP to the Basel Convention invited the Parties to undertake such an assessment in
close cooperation with the IMO.
33 The Public Waste Agency of Flanders, on behalf
of Belgium, undertook such an evaluation that shed light on how to utilize the
technical guidelines adopted by the COP to the Basel Convention in relation to ship
wastes.
34
The COP to the Basel Convention in its Twelfth Meeting, held in May 2015,
adopted the Decision BC-12/16 (2015) on the “Cooperation between the Basel
Convention and the IMO.” Pursuant to this decision, the Secretariat of the Basel
Convention developed a draft “Guidance Manual on How to Improve the Sea-Land
Interface to Ensure that Wastes Falling Within the Scope of MARPOL, once
Offloaded From a Ship, are Managed in an Environmentally Sound Manner” taking
into account the Manual on Port Reception Facilities developed under the auspices
of the IMO.
35 This soft law instrument devotes its attention to the downstream
management of ship wastes on land by considering the broader meaning of the ESM
of wastes. In 2017, at the Thirteenth Meeting, the COP to the Basel Convention took
note of the Guidance Manual and requested that the Secretariat continue its collaboration with the IMO.
36
31 The technical guidelines are available at: www.basel.int/Implementation/TechnicalMatters/
DevelopmentofTechnicalGuidelines/AdoptedTechnicalGuidelines/tabid/2376/Default.aspx, visited
on 26 September, 2018.
32 IMO Port Reception Facilities – How to Do It (2016).
33 COP to the BASEL Convention: Decision BC-10/16 (2011); COP to the BASEL Convention:
Decision BC-11/17 (2013).
34 Public Waste Agency of Flanders (2015).
35 COP to the BASEL Convention: Revised draft guidance manual on how to improve the sea-land
interface UNEP/CHW.13/INF/37 (2017).
36 COP to the BASEL Convention: Cooperation between the Basel Convention and the International
Maritime Organization UNEP/CHW.13/18 (2016).
22
G. Argüello
guidelines usually focus on: (a) certain types of wastes, e.g., electronic waste,
pneumatic tires, ships; (b) wastes with hazardous characteristics as established in
Annex III of the Basel Convention, e.g., delayed toxicity; (c) wastes having certain
constituents as established in Annex I of the Basel Convention, e.g., wastes
containing or contaminated with mercury; and (d) wastes belonging to certain
waste streams as established in Annex I of the Basel Convention, e.g., waste
oils.
31 These technical guidelines could certainly assist States in managing wastes
in an environmentally sound manner whether or not those wastes have been subject
to a transboundary movement. They could be particularly relevant for States that
have yet to develop national waste management plans, or those that struggle to
integrate ship wastes into national waste management.
The Manual on Port Reception Facilities developed under the auspices of IMO
suggests that guidance regarding the management of ship wastes on land can be
found in the technical guidelines adopted by the COP to the Basel Convention.
32 In
order to assess to what extent these technical guidelines cover MARPOL wastes, the
COP to the Basel Convention invited the Parties to undertake such an assessment in
close cooperation with the IMO.
33 The Public Waste Agency of Flanders, on behalf
of Belgium, undertook such an evaluation that shed light on how to utilize the
technical guidelines adopted by the COP to the Basel Convention in relation to ship
wastes.
34
The COP to the Basel Convention in its Twelfth Meeting, held in May 2015,
adopted the Decision BC-12/16 (2015) on the “Cooperation between the Basel
Convention and the IMO.” Pursuant to this decision, the Secretariat of the Basel
Convention developed a draft “Guidance Manual on How to Improve the Sea-Land
Interface to Ensure that Wastes Falling Within the Scope of MARPOL, once
Offloaded From a Ship, are Managed in an Environmentally Sound Manner” taking
into account the Manual on Port Reception Facilities developed under the auspices
of the IMO.
35 This soft law instrument devotes its attention to the downstream
management of ship wastes on land by considering the broader meaning of the ESM
of wastes. In 2017, at the Thirteenth Meeting, the COP to the Basel Convention took
note of the Guidance Manual and requested that the Secretariat continue its collaboration with the IMO.
36
31 The technical guidelines are available at: www.basel.int/Implementation/TechnicalMatters/
DevelopmentofTechnicalGuidelines/AdoptedTechnicalGuidelines/tabid/2376/Default.aspx, visited
on 26 September, 2018.
32 IMO Port Reception Facilities – How to Do It (2016).
33 COP to the BASEL Convention: Decision BC-10/16 (2011); COP to the BASEL Convention:
Decision BC-11/17 (2013).
34 Public Waste Agency of Flanders (2015).
35 COP to the BASEL Convention: Revised draft guidance manual on how to improve the sea-land
interface UNEP/CHW.13/INF/37 (2017).
36 COP to the BASEL Convention: Cooperation between the Basel Convention and the International
Maritime Organization UNEP/CHW.13/18 (2016).
22
G. Argüello