Procedures

 
Competent Authorities and Focal points


In order to achieve the objectives of the Convention the parties have agreed to comply with some procedural provisions. Among these we find the duty of creating a focal point, the duty of notification, the duty of prompter information and the duty to reimport. 
Other types of procedures refer to the participation of the Parties at the Convention: e.i. becoming a party or an observer.

Becoming a party

The Waigani Convention is a regional convention, thus it produces its effects in the Pacific Region. The text of the Convention explicitly refers to the Convention Area, which coverage is defined in Article 1: 
The Convention Area shall comprise the land territory, internal waters, territorial seas, continental shelf, archipelagic waters and exclusive economic zones established in accordance with international law of all Pacific Countries and territories.

As a consequence the Waigani Convention is open to ratification and accession by all Members of the South Pacific Forum (SPFS) and by other States non member of the Forum which have territories in the Convention Area (a territory cannot be a Party to the treaty, however they can be a Party through the participation of the country responsible for its foreign affairs).  Presently 12 countries are Party to the Convention.

More information about the Parties: here.
Dates of signature, ratification or accession: here
In order to accede:Instrument of ratification:  template


Admission of observers

Observers can participate to any meeting of the Waigani Convention.
The rules of procedure require that the Secretariat shall notify as an observer, any other government or administration which is a memeber of SPREP to any meeting. Such observers, upon invitation of the President and if there is no objection of the majority of the meeting, may participate without vote in the deliberations of the meeting. 

The rules of procedures specifies that the Secretariat shall invite as an observer any State Member of UN, UN specialized agency, interngovernamental organization, any other national, regional or international organization, and non-governamental organization which has direct interest in the transboundary movement of hazardous wastes in the region, and has informed on its wish to be represented at the meeting. Their admission to the meeting should not be objected by the ,majority of the Parties present at the meeting. 


Competent Authorities and Focal Points

The Convention requires that in order to implement the Convention the Parties designate or establish a competent authority or a focal point (art.6). 
This authority is responsible for transmitting and receiving information about the transboundary movement of hazardous wastes and of accidents.  

Competent Authorities: here. 


Reporting 

Each Party is requested to submit to the Secretariat reports regarding hazardous wastes generated in the area under its jurisdiction in order to enable the Secretariat to produce a regular hazardous waste report. 

Notification procedure for transboundary movements of hazardous wastes between parties

The exporting party shall notify in writing, through its competent authority, the competent authority of the countries concerned of any proposed transboundary movement of hazardous wastes. In response, within fourteen days, the importingp arty should acknowledge the receipt of the notification  and, within sixty days, notify if it is consenting or denying the movement. This timeframe for notification and acknowledegment applies also for the countries of transit. The information that the Country should provide on notification is listed in Annex VI A of the Convention. 

Notification form

Is important to note that the exporting party shall not allow the transboundary movement until it has received: written consent form the importing Party, written consent from every transit Party, written consent for every country of transit. 

Every transboundary movement of hazardous wastes shall be covered by insurance, bond or other guarantee as may required or agreed by the importing/transit party. 

Furthermore, each transboundary movement of hazardous wastes shall be accompanied by a movement document (Annex VI B).

Movement form


Trasmission of information 

Accidents: 

The parties shall ensure that in the case of an accident occurring during the transboundary movement of hazardous wastes or their disposal those States and Parties and the Secretariat are immediatly informed. 

Competent authorities: 
Parties shall inform one another, through the Secretariat, about any changes regarding the designation of competent authorities and/or focal points

National definition of hazardous wastes: 
The Convention considers has hazardous wastes covered under the Convention the wastes listed in Annex I and Annex II but also those wastes that are defined as, or are considered to be, hazardous wastes by the national legilsation of the exporting, importing or transit party to, from or through which such wastes are to be sent. 
For these reason the Convention requires the Parties to inform one another, through the Secretariat, changes in their national definition of hazardous wastes,