BASEL CONVENTION REGIONAL CENTRE BRATISLAVA
BUSINESS PLAN FOR THE PERIOD 2005-2006
1.Contact Details, Name and Address of the Centre
Ms. Dana Lapešová
Klobučnícka 7/1
811 01 Bratislava
Slovak Republic
Phone: + 421 2 60201643, 5443 2023
Fax: + 421 2 64282683, 54432023
E-mail:
2. Executive Summary
In the course of the past two years, the Centre submitted and realised several projects. The
Centre submitted four projects at Open-Ended Working Group1(OEWG1) in April 2003 and three projects at OEWG2 in October 2003. The three following projects were realised:
1st Project - International Training in Cleaner Production – Waste Minimisation, was held in Bratislava in November 2003. The general objective of the training course was to look at the concept of cleaner production as a growing worldwide movement for reducing environmental impact, and namely reducing wastes, from processes, products and services by using better management strategies, methods and tools. The general idea behind the cleaner production is minimisation of waste generation. Waste minimisation or waste reduction is usually a primary objective of many executives, followed by additional elements such as reduction at the source and the adoption of best available technologies. Cleaner production can also be a tool for waste minimisation, and that was intended to be presented in this training.
The specific practical aim of this training was that the participants obtained knowledge on cleaner production, namely, principles of practice, strategies, tools and methods to adopt preventive approach on preparation and management of cleaning production projects, planning and organisation of projects in enterprises, quality of implementation plan, environmental and economic evaluation.
Representatives from the whole region participated in it.
2nd project - Project on Strengthening of Co-operation Based on Chemical and Hazardous Waste Conventions, was organised as the 12th BCRC workshop in co-operation with the Ministry of Environment of the Czech Republic in Prague in March 2004. The aim of the project was to share information and exchange of experiences among these four Conventions (Basel, Rotterdam, Stockholm conventions and Montreal Protocol) The workshop was also aimed at making clear identification of links among chemicals and hazardous wastes conventions, supporting their implementation and strengthening co-operation among all stakeholders. This means to involve not only national focal points but also customs officers and environmental inspectorates in order to avoid duplicity of activities. In accordance with the decision adopted by the Intergovernmental Negotiating Committee, Multilateral Environmental Agreements should support environmentally sound management of hazardous and chemical wastes through the whole life cycle covering generation, use, trade and final disposal.
The workshop was organised for five Central European accession countries (Czech Republic, Hungary, Poland, Slovakia, Slovenia), Austria and Germany.
3rd project – Project on Preparation of the Regional Approach on Environmentally Sound Management of POPs as Wastes in Selected CEE countries organised as the 13th BCRC workshop in Bratislava in May 2004. Eleven countries of the region participated in it and the project endorsed. The project’s main objectives were to review past and ongoing activities and matters related to the ESM of POPs as wastes, to identify the existing gaps in the co-ordination and effective implementation of activities at the national and the regional level, and to propose ways to enhance the national capacity in the ESM of POPs as wastes under the framework of the Basel Convention and the Stockholm Convention.
The specific objectives of the project were therefore:
- To develop recommendations for a regional approach for the ESM of POPs waste
- To make recommendations on how to undertake national inventories of POPs waste
- To develop national strategies for the elimination of POPs waste
- To undertake first investigations on which technologies are available and could be chosen for the environmentally sound transport, storage and destruction of POPs waste, taken into consideration cost effectiveness
- To increase policy-awareness of the POPs waste issue in the region
All projects were funded by the Trust Fund of the Basel Convention and the 12th workshop was partially funded by the Ministry of Environment of the Czech Republic.
4th project - Legal assistance for the elaboration and adaptation of national legislation for the effective implementation of the Basel Convention in Bulgaria, the Former Yugoslavian Republic of Macedonia and the Republic of Serbia and Montenegro - is in progress.
On the occasion of the 11th and 13th workshops, the Centre published two issues of a Newsletter in which it regularly informs about its activities and workshop topics. A brochure and a CD-ROM containing materials on the 12th and 13th workshops will be issued.
The Centre actively participated in the following activities:
1)Open-Ended Working Group1, Geneva, April, 2003
2)7th International HCH Pesticides Forum in Kiev, June 2003, which worked out the Declaration on the establishment of the programme action for the environmentally sound management of obsolete pesticides and other stocks of unwanted persistent organic pollutants for ECA countries
3)IMPEL Conference, Prague, June 2003
4)Open-Ended Working Group 2, Geneva, October 2003
5)Regional Training Workshop on the Monitoring and Control of transboundary movements of hazardous wastes in the context of the Basel Convention in the Balkans held in Sarajevo, October, 2003.
6)WTO Regional Seminar on Trade and Environment for CEE held in Budapest, December 2003.
7)Regional Workshop on the Co-ordinated Implementation of the Basel, Rotterdam, Stockholm Conventions held in Riga, April, 2004
8)Open-Ended Working Group 3, Geneva, April 2004
3.National Focal Point for the Basel Convention
Ms. Katarína Lenková
Slovak Environmental Agency, Centre of Waste and Environmental Management
Hanulova 5/D, 844 40 Bratislava
E-mail:
Phone: + 4212 60201643
Fax: + 4212 64282683
4. Regional Needs and Assessment
Eleven countries have sent information (Albania, Bosnia and Herzegovina, Bulgaria, Czech Republic, Estonia, Latvia, Poland, Republic of Moldova, Romania, Slovak Republic and Serbia and Montenegro), other information was obtained from web pages of relevant Ministries of the countries involved in the region. Information obtained from the Internet is enclosed as Annex 2.
- The status of signature and ratification in each country in the region
All 17 countries served by the Centre are Parties to the Basel Convention. The list of National Focal Points is attached as Annex 1.
The Ban Amendment ratified 10 countries served by Centre: Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Republic of Serbia and Montenegro and Slovakia.
The Basel Protocol on Liability and Compensationsigned 2 countries served by Centre: Hungary and Former Yugoslavian Republic of Macedonia.
- The status of legislation in each country the region
Albania: Act No. 9010 “On Environmental Administration of Solid Waste”
Actually is working European catalogue on waste classification (the need for assistance)
has not up to now in place any legal framework on hazardous waste which are foreseen by Law No. 8934, dated 5.09.2002 “On environmental protection” to be covered by a separate act.
Poland:
Poland after ratification commit to comply with the rules of the Convention. In accordance with the UE Accession Treaty the rules of the Basel Convention are obligatory for Poland.
Polish acts of law and National Plans in the area of waste comply with the Basel Convention. The issues of waste management and procedures of transboundary movement of waste are included in The Act on waste of 27 April 2001 O.J. 01.62.628 with many amendments. This Act shall lay down the principles of waste management in a manner ensuring the protection of human life, health and environment, in keeping with the principle of sustainable development; in particular the principles of waste prevention or the reduction of its quantity and its adverse effects on the environment as well as the principles of waste recovery or disposal. The other main Act - Act about transboundary movement of waste implement new structures and procedures necessary to comply with regulation 259/93– (a new act, our government have been working on it.
The Executive acts derived from waste law comply with the rules of Basel Convention.
Bosnia and Herzegovina: ‘’Draft Environmental Protection Laws in BiH’’-(Environmental Protection Act, Air Protection Act, Water Act, Environmental Fund Act) have been prepared as part of an EU PHARE Project , including Waste Management Act.
The Waste Management Act has 61 articles, while hazardous waste is indirectly mentioned in twenty articles.
Article 60 of the Act list other articles requiring preparation of special regulations (secondary laws) aimed at the implementation of the Law.
Five secondary laws on waste have been prepared since February 2004. This process will continue to finish remaining 6-7 secondary laws.
Bulgaria:
Directive 75/442/EEC on waste
-Law on Waste Management (State Gazette No 86/2003Regulation № 3 on classification of waste
-Regulation No 10 on the filling out of the report and the waste management information documents (State Gazette No 151/1998)
Directive 91/689/EEC on the hazardous waste
-Law on Waste Management (State Gazette No 86/2003)
-Regulation on the requirements for treatment and transportation of industrial and hazardous waste (adopted with Decree of the Council of Ministers No 53/1999; State Gazette No 29 /1999)
-Regulation №3 on classification of waste
-Regulation No 10 on the filling out of the report and the waste management information documents(State Gazette No 151/1998)
Regulation EEC/259/93 on the supervision and control of shipments of waste within, into and out of the European Community
Regulation (EC) No 2557/2001 of 28 December 2001 amending Annex V of Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community
-Law on Waste Management (State Gazette No 86/2003)
-Regulation for the cases when a permit is required for the import, export and transportation of waste and the conditions and order of the issuing the permit (State Gazette No 6/2000). The regulation defines also the cases when a bank guarantee or insurance is required.
-Law on Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal
Directive 94/62/EC on packaging and packaging waste
Concil of the ministry decree №44 for adoption of regulation for packagings and packaging waste
Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)
Decision 2001/68/EC of 16 January 2001 establishing two reference methods of measurement for PCBs pursuant to Article 10(a) of Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCBs/PCTs)
Directives on waste from the titanium dioxide industry:
- Directive 78/176/EEC on waste from the titanium dioxide industry
- Directive 82/883/EEC on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry
- Directive 92/112/EEC on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry
- Council of the ministry decree №87 for adoption of regulation on requirements for treatment and transportation of waste from titanium dioxide production
Directive 2000/76/EC on the incineration of waste
Regulation No 11 on the conditions and requirements for the construction and operation of municipal waste disposal facilities and installations (State Gazette No 152/1998)
Regulation on the requirements for treatment and transportation of industrial and hazardous waste (adopted with Decree of the Council of Ministers No 53/1999; State Gazette No 29 /1999)
Directive 99/31/EC on landfill of waste
Regulation No 12 on the requirements which must be met by the waste treatment facility sites(State Gazette No 152/1998)
Regulation No 13 on the conditions and requirements for the construction and operation of waste landfills (State Gazette No 1521998).
Directive 75/439/EEC on waste oils
Regulation on the requirements for the treatment and the transportation of waste oils and oil products (adopted with DCM No131/2000, State Gazette No 59/2000).
Directive 86/278/EEC on protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture
Regulation on the requirements of the soil protection when sewage sludge is used in agriculture (adopted by Decree No 262/2000 of the Council of Ministers, State Gazette No 101/2000).
Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances
Regulation on the requirements on production and presenting to the market batteries and accumulators and on treatment and transportation of spent batteries and accumulators (adopted with DCM No 134/2000, State Gazette No 61/2000).
Directive 2000/53/EC on end-of life vehicles
Decision 2002/151/EC of 19 February 2002 on minimum requirements for the certificate of destruction issued in accordance with Article 5(3) of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (Text with EEA relevance) (notified under document number C(2002) 518)
Regulation on way of collection and treatment of end'of life vehicles (adopted with DCM No 257/2001, State Gazette No 98/2001)
Directive 2000/59/EC on port reception facilities for ship-generated waste and cargo residues
Decisions on waste classification:
-Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste
-Commission Decision 2001/118/EC amending Decision 2000/532/EC as regards the list of wastes
-Commission Decision 2001/119/EC amending Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste
-2001/573/EC: Council Decision of 23 July 2001 amending Commission Decision 2000/532/EC as regards the list of wastes
-Regulation №3 on classification of waste
Czech Republic:
Act on Waste No. 185/2001 Coll., as last amended by Act 188/2004 Coll. (the relevant EU waste legislation is transposed into this Act)
Government Regulation No. 197/2003 Coll., on the Waste Management Plan of the Czech Republic
Regulation of the Council (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended
Estonia:
Estonian environmental law is complex, involving many inter-related components, being dynamic and constantly evolving. Estonia, like so many other countries, consists of heavily industrialised areas with serious pollution problems, some areas that are ecologically sensitive; and other areas, which are still in satisfactory or good environmental health. Partly because of this, the nature of environmental law requires that environmental laws and regulations should be flexible, yet long-term, and have a systematic framework.
The environmental policy of the Estonian Government has been provided by the National Environmental Strategy (1997) and the National Environmental Action Plan (NEAP; 1998) which also set guidelines for legal development.
In accordance with the integrated waste management approach, the National Environmental Strategy establishes the internationally accepted list of priorities for improving the waste management system. This hierarchy also forms the principal basis for the whole set of
legislative documents in the field of waste management:
1. Prevention of waste generation;
2. Minimisation of waste amounts and hazards;
3. Waste recovery:
- direct re-use,
- recycling of waste materials,
- biological recovery (e.g. composting),
- energy recovery (e.g. incineration);
4. Safe disposal of non-recoverable waste.
Waste Act (2004)
Packaging Act (2004)
Environmental Impact Assessment and Environmental Auditing Act (2000)
Governmental Regulation No 104 (2004) establishing the list of waste for recovery and disposal operations;
Governmental Regulation No 102 (2004) on the adoption of the list of waste types and hazardous waste;
Governmental Regulation No 122 (2004) establishing the specified list of the fields of activities which need a permit for waste generation and adoption of the limit values for the amount of waste;
Governmental Regulation No 121 (2004) on establishment of procedures for issuing, amending, suspending and invalidating of hazardous waste licences and making information on this issue publicly accessible;
Regulation No 18 (2004) of the Minister of the Environment on issuing of waste permits;
Regulation No 39 (2004) of the Minister of the Environment on the labelling of hazardous wastes;
Regulation No 23 (2004) of the Minister of the Environment on the management of waste oils;
Regulation No 25 (2004) of the Minister of the Environment on the management of wastes containing polychlorinated biphenyls and polychlorinated terphenyls;
Regulation No 27 (2004) of the Minister of the Environment on the collection and labelling of batteries and accumulators containing dangerous substances;
Regulation No 40 (2004) of the Minister of the Environment on the consignment note of hazardous waste, the instructions for its filling in, handling and registration;
Latvia: Waste Management Law (2002)
Republic of Moldova:
- Law on environmental protection nr.1515-XII from 16.06.93
- Law on natural resources nr.1102-XIII from 2.02.97
- Law on production and domestic wastes nr.1347-XIII from 9.10.97
- Law on harmful products and substances regime nr.1236-XIII from 3.07.97.
- Law on second material resources nr.787-XIII from 23.03.96
- Law on environmental expertise and impact assessment on the environment nr.851- XIII from 29.05.96.
- Sanitary regulations for stocking, neutralisation, use and burial of toxic substances and wastes;
- Regulation on the control of transboudary movements of hazardous wastes and their disposal, approved by the Governmetal Decision nr.637 form 27.05.2003
- Draft Regulation on waste management
- Guidelines “ABC of waste”.
Romania:
In Romania, general legislative framework for environmental protection consists in:
Law on Environmental Protection No. 137/1995, republished, modified and amended through Emergency Ordinance (EO) No. 91/2002;
Framework Law for Waters No.107/1996;
Governmental Emergency Ordinance (GEO) No.243/2000 on air protection, approved through Law No. 655/2001;
GEO No. 236/2000 on natural protected area, conservation of natural habitats, of flora and fauna, approved through Law No.462/2002;
GEO No.78/2000 on waste regime, modified and approved by Law No. 426/2001;
Governmental Decision (GD) No. 918/2002 establishing the frame-procedure of the environmental impact assessment (EIA) and approving the list of public and private projects under this procedure;
EO No. 34/2002 on integrated pollution prevention and control approved and modified through Law No. 645/2002;
GD No 856/2002 regarding waste management evidence and approval of waste list, including hazardous wastes.
In accordance with Article 54 of the Emergency Ordinance no. 78 / 2000 approved by the law 426/2001, the drafts of Governmental Decisions for regulation of management of used oils, management of used batteries, incineration of wastes, landfills, and packaging and waste packaging are in preparation.