Basel Convention vs Stockholm Convention: Hazardous Wastes and Persistent Organic Pollutants

The Basel Convention (1989) and the Stockholm Convention (2001) are two of the three 'chemicals and wastes' treaties (with the Rotterdam Convention, 1998) that share a joint secretariat under UNEP. The Basel Convention controls the movement of hazardous wastes across borders and their environmentally sound management. The Stockholm Convention targets a class of chemicals, persistent organic pollutants (POPs), and aims to eliminate or restrict their production and use. Basel regulates waste in transit; Stockholm regulates dangerous chemicals at their source.

1. Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal was adopted on 22 March 1989 and entered into force on 5 May 1992; India ratified it in 1992. It arose from scandals in the 1980s over toxic waste dumping in developing countries (such as the Koko incident in Nigeria). Its key features are:

• prior informed consent: a movement may occur only with the written consent of the importing and transit States;
• minimisation of transboundary movements and of waste generation, and environmentally sound management;
• illegal traffic is a criminal offence, and the State of export must take the waste back;
• the Ban Amendment (in force 5 December 2019) prohibits exports of hazardous waste from OECD and EU countries to others; and
• the plastic waste amendments (in force 1 January 2021) brought most mixed and contaminated plastic waste under control.

India implements Basel mainly through the Hazardous and Other Wastes Rules, 2016, which prohibit import for disposal, allow import only for recycling, recovery, reuse and co-processing, and require re-export of illegal traffic. In Research Foundation for Science v. Union of India (2005), the Supreme Court directed strict enforcement of Basel obligations.

2. Stockholm Convention

The Stockholm Convention on Persistent Organic Pollutants was adopted on 22 May 2001 and entered into force on 17 May 2004; India ratified it in 2006. POPs are chemicals that persist in the environment, bioaccumulate in food chains, travel long distances, and are toxic to humans and wildlife. The original list was the 'dirty dozen' (including DDT, aldrin, PCBs, dioxins and furans), since expanded to over thirty chemicals (including PFOS, PFOA and PFHxS). Chemicals are listed in three Annexes:

• Annex A (elimination): production and use must be eliminated, subject to specific exemptions;
• Annex B (restriction): production and use are restricted to acceptable purposes (for example DDT for disease vector control, on which India relies); and
• Annex C (unintentional production): releases of by-products such as dioxins and furans must be minimised using best available techniques.

Parties must prepare national implementation plans. The Convention applies the precautionary approach (Article 1). India implements it through the Regulation of Persistent Organic Pollutants Rules, 2018 under the EPA, which prohibit manufacture, trade and use of listed chemicals, and through the Insecticides Act, 1968.

3. Key Differences

4. Relationship

The conventions are linked: POPs wastes (such as PCB-contaminated oil) fall under Basel for transboundary movement and under Stockholm for destruction; the Basel technical guidelines on POPs wastes serve both. With the Rotterdam Convention (prior informed consent for trade in certain hazardous chemicals and pesticides), they form the BRS cluster, whose meetings are held together. The Minamata Convention on Mercury (2013) follows a similar life-cycle model. All four express the precautionary and polluter pays principles.

5. Related Topics and Provisions