25.06.2009CLI/2009/ R

Basel Convention

Indonesian-Swiss Country-Led Initiative (CLI)

to improve the effectiveness of the Basel Convention

First Meeting15 -17 June 2009

Report to the Expanded Bureau of the Basel Convention

The first meeting of the Indonesian-Swiss Country-Led Initiative (CLI) met from
Monday, 15 to Wednesday,17 June 2009 in Bali, Indonesia with the participation of Argentina, Australia, Canada, Denmark, Germany, India, Indonesia, Jamaica, Japan, Malaysia, New Zealand, Norway, Sénégal, Switzerland, Uruguay and the EC. The other invited countries Chile, China, Brazil, Egypt, Hungary, Nigeria, Poland, Republic of Korea, Russian Federation, Saudi Arabia and South Africa were not able to attend the meeting, but they were provided with an opportunity to provide comments on issues discussed at the first meeting by e-mail.Some made use of this opportunity. Moreover, one Non-Party to the BC has submitted comments prior to the CLI which were also made available to participants.The meeting was supported by the Basel Convention Secretariat and a consultant.

The participants agreed that the Expanded Bureau meeting of the Basel Convention of June 23-24 will be informed about the first meeting of the CLI. This information is available to all interested stakeholders.

Objective of the CLI

The CLI was launched based on the Decision IX/26 on the President’s Statement on the possible way forward on the ban amendment at COP 9 which has reaffirmed the objectives of the ban amendment and called countries to explore means by which these objectives could be achieved. Participants agreed that the objective of the CLI is to develop recommendations for consideration by Partiesatthe tenth meeting of the Conference of the Parties (COP 10) for a way forward to ensure that the transboundary movements of hazardous wastes, especially to developing countries and countries with economies in transition, constitute an environmentally sound management of hazardous wastes, as required by the Basel Convention.

Process of the CLI

The participants agreed to hold three physical meetings. The participants agreed that the work of the CLI will be undertaken in an open minded and dynamic consultation process among key players.The first meeting served to identify, analyse and enhance the understanding of the problem; the second meeting will allow for the continuation of this analysis and to begin developing options and solutions to address the problem; the third meeting will be dedicated to the formulation of recommendations for the consideration of the Parties at COP 10.

The first meeting was successful in helping to develop a common understanding of the challenges faced in ensuring that the transboundary movements of hazardous wastes, especially to developing countries and countries with economies in transition, constitute an environmentally sound management of hazardous wastes, as required by the Basel Convention. The outcome of the first meeting will be a draftanalysisof possible reasons for the transboundary movement of hazardous wastes where environmentally sound management cannot be ensured. This draft analysiswill be made available for participants to the CLI by the end of August 2009 for comments. Based on these comments, a revised version of the draft analysis will be made available to all Parties to the Basel Convention, Non-Parties,the relevant NGOs, and IGOs. It will also be published on the website of the SBC andpresented at a briefing of the missions in Geneva. Parties to the Basel Convention, Non-Parties, the relevant NGOs, and IGOs will be invited to submit their comments on and input into the process. Based on these comments, a revised version of the draft analysis will be prepared as input for the second meeting of the CLI.

The CLI will hold its second meeting on 12-15 January, 2010 in Switzerland. The OEWG of the Basel Convention will be informed about and invited to discuss and comment the outcome of the second meeting. The third meeting of the CLI is planned to be hold probably in September or October 2010.

Overview of the Discussion and Analysis at the first meeting:

The presentation of the background information[1]and the discussion of the current situation revealed that, based on national reporting to the Secretariat of the Basel Convention, while non-Annex VII countries generate 24%-52% of hazardous wastes, roughly 1/3 of the transboundary movement flow of hazardous wastes occurs between Annex VII countries and non-Annex VII countries and 2/3 occurs between non-Annex VII countries. It was noted that it would be interesting to further understand the transboundary movement flows between non-Annex VII countries, for examplewhether certain patterns exist like, e.g., that the main transboundary movement flow occurs from least developed towards more developed countries or vice-versa.

Based on the reports to the SBC, practically no hazardous wastes are legally exported from Annex VII countries for final disposal in non-Annex VII countries. However, there are indications of illegal and “illicit” transboundary movement,e.g.hazardous wastes, which are exported for recycling ending up in environmentally unsound final disposal.

The discussion addressed specifically thepossible reasons for transboundary movement of hazardous wasteswhere environmentally sound management cannot be ensured. Discussion topics included economic issues, legal issues, enforcement issues, and awareness/infrastructure.

Annex: Further Process of CLI

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[1]Disclaimer: The background papers are thought starters drafted for helping discussions and are based on publicly available data. The group took note of these background papers but they should not be seen in any way as expressing the views or opinions of the participants.