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1.Takes note of the note by the Secretariat on the work of the Committee Administering the Mechanism for Promoting Implementation and Compliance,1 and welcomes the work undertaken by the Committee since the thirteenth meeting of the Conference of the Parties;
2.Welcomes the resolution of implementation and compliance mattersset out in six specific submissions;2
3.Encourages Parties concerned with a specific submission to cooperate with the Committee with a view to resolving the matter of concern;
4.Welcomes the report on the evaluation of the amendment to paragraph 9 (c) of the terms of reference of the mechanism for promoting implementation of and compliance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal;3
(a)The Secretariat has successfully made use of the possibility provided under paragraph 9 (c) of the terms of reference to make 13 submissions to the Committee with respect to possible difficulties faced by Parties in complying with their obligations under Article 5 and under paragraph 3 of Article 13 of the Convention, all submissions have been deemed admissible by the Committee, and, as at 31 October 2018, 11 matters had been resolved;
(b)The Secretariat has not yet made use of the possibility, under the amended paragraph 9 (c) of the terms of reference, to make a submission to the Committee with respect to possible difficulties faced by any Party in complying with its obligations under paragraph 1 of Article 3, paragraph 1 (a) of Article 4 and paragraph 2 of Article 13 of the Convention;
(c)Whereas failure to comply with the obligations set out in paragraph 1 of Article 3, paragraph 1 (a) of Article 4 and paragraph 2 of Article 13 of the Convention affects the efficient implementation of the Convention, the obligation to transmit information to the Secretariat pursuant to these provisions only arises under specific circumstances at the national level, and such knowledge would need to be acquired by the Secretariat while it exercises its functions in accordance with Article 16 of the Convention; accordingly, unlike in instances where implementation of and compliance with Article 5 and paragraph 3 of Article 13 of the Convention are at stake, the Secretariat is not in a position to become aware of possible difficulties faced by any Party in complying with such obligations as a result of the mere lack of transmission of information to the Secretariat by a Party;
6.Agrees, accordingly, with the Committee’s recommendation not to extend the possibility for the Secretariat to make a submission to the Committee with respect to possible difficulties faced by any Party in complying with its obligations under paragraph 1 of Article 3, paragraph 1 (a) of Article 4 and paragraph 2 of Article 13 of the Convention;
7.Notes with concern that, as at 15 June 2018, 75 Parties had not submitted their reports for the year 2014 and 81 Parties had not submitted their reports for the year 2015;
8.Also notes with concern that the overall rate of transmission of national reports since 2009 does not appear to have improved;
9.Welcomes the continued improvement in the completeness of national reports transmitted between 2010 and 2015;
10.Expresses its appreciation to the 15 Parties that transmitted a complete report for 2014 on time, namely Andorra, Argentina, Armenia, Australia, Azerbaijan, Bulgaria, the Central African Republic, Estonia, Finland, Guinea-Bissau, Lithuania, Poland, Portugal, Singapore and South Africa, and to the 12 Parties that transmitted a complete report for 2015 on time, namely Australia, Azerbaijan, Bulgaria, Egypt, Estonia, Guatemala, Guinea-Bissau, Hungary, Poland, Saint Lucia, Slovakia and South Africa;
11.Notes with concern that the targets for the years 2014 and 2015 approved by the Conference of the Parties at its thirteenth meeting have not been met, with 8 per cent of reports due for 2014 and 6 per cent of reports due for 2015 transmitted complete and on time, against a target of 10 per cent, and with 14 per cent of reports for 2014 and 18 per cent of reports for 2015 transmitted complete, whether on time or late, against a target of 20 per cent;
12.Acknowledges that the problem of non-reporting, incomplete reporting and late reporting is all the more serious because of the close link between the core obligations of the Convention and the obligation to submit national reports in accordance with paragraph 3 of Article 13 of the Convention;
13.Sets, as a way of measuring progress in the overall implementation of and compliance with paragraph 3 of Article 13 of the Convention, the following interim targets for the reports: 25 per cent of reports due for 2016 and 2017 are transmitted complete and on time; and 50 per cent of reports due for 2016 and 2017 are transmitted complete, whether on time or late;
15.Welcomes the report on the status of reporting and how to improve the timeliness and completeness of reporting;6
16.Decides to explore how to integrate national reporting into the United Nations Development Assistance Framework, as provided for in the work programme of the Committee for 2020–2021;
17.Requests the Secretariat to expand its technical assistance activities aimed at supporting Parties in transmitting their national reports, including country-level technical assistance activities, targeting both the development of inventories and the development of adequate legal and institutional frameworks;
18.Encourages Parties that have not transmitted complete national reports on time and that seek support from the Special Programme to support institutional strengthening at the national level for implementation of the Basel, Rotterdam and Stockholm conventions, the Minamata Convention and the Strategic Approach to International Chemicals Management to include in their application specific deliverables on the transmission of reports pursuant to paragraph 3 of Article 13 of the Convention;
19.Invites the Committee to consider elaborating and further assessing measures not included under paragraphs 20 (a) and (b) of the terms of reference of the Committee that may be required when a Party has not submitted its national report for two or more years since the report due in 2016, and to report to the Conference of the Parties at its fifteenth meeting;
20.Emphasizes the importance of the transmission of national reports for measuring progress towards achieving the goals and objectives of the Basel Convention strategic framework for 2012–2021 as well as towards achieving the Sustainable Development Goals, in particular using indicator 12.4.1 (number of parties to international multilateral environmental agreements on hazardous waste and other chemicals that meet their commitments and obligations in transmitting information as required by each relevant agreement) and indicator 12.4.2 (hazardous waste generated per capita and proportion of hazardous waste treated, by type of treatment);
21.Also emphasizes the importance of accessing funding, inter alia, through the implementation fund for Parties concerned with a submission to come into compliance with the national reporting obligation, and the importance of targeting financial resources for that purpose;
22.Further emphasizes the number of submissions to the Committee that the Secretariat could be in a position to make owing to possible difficulties faced by Parties in meeting their national reporting obligations;7
23.Adopts the guide for the development of national legal frameworks to implement the Basel Convention;8
24.Encourages entities undertaking activities aimed at assisting Parties to review or develop legislation implementing the Convention to:
(b)Use the best practices identified in responses to the Secretariat’s questionnaire;9
(c)Use the relevant guidance adopted by the Conference of the Parties, as well as relevant technical assistance tools developed by the Secretariat;
(d)Cooperate with the Committee in its work to fulfil its mandate to continuously monitor and oversee activities by organizations to support Parties in reviewing or developing their legal frameworks aimed at implementing the Basel Convention;
25.Takes note of the work done on the guidance to improve the implementation of paragraph 11 of Article 6 of the Convention, on insurance, bond and guarantee;10
26.Requests the Committee to invite comments from Parties and others on the guidance by 30 September 2019, to review and update the guidance, as needed, for consultation with the Open‑ended Working Group at its twelfth meeting, and to prepare a revised version of the guidance for consideration and possible adoption by the Conference of the Parties at its fifteenth meeting;
27.Takes note of the report on the review of the operation of the implementation fund and the conclusions set out therein;11
28.Approves the work programme of the Committee for the biennium 2020–2021 set out in the annex to the present decision;
(a)To establish priorities, work methods and schedules for the activities in its work programme and to coordinate with the Open‑ended Working Group, the Secretariat and the Basel Convention regional and coordinating centres to avoid duplication of activities;
(b)To consult Parties, in advance of the fifteenth meeting of the Conference of the Parties, on an annotated draft work programme for the biennium 2022–2023;
(c)To report to the Conference of the Parties at its fifteenth meeting on the work that it has carried out to fulfil its functions in accordance with paragraphs 23 and 24 of the terms of reference of the mechanism for promoting implementation and compliance;
30.Elects, in accordance with the terms of reference of the mechanism for promoting implementation and compliance with the Basel Convention,12 the following members to serve on the Committee until the close of the sixteenth meeting of the Conference of the Parties:
African States:Mr. Paul-Babidou Zarabingui (Central African Republic)Mr. Florisvindo Jaimilito Rodrigues Furtado (Cabo Verde)
Central and Eastern European States:Mr. Flavius Mihai Ardelean Motoc (Romania)Ms. Gordana Vesligaj (Croatia)
Western European and other States:Mr. Mark Govoni (Switzerland)Ms. Nicole Mohammed (United Kingdom of Great Britain and Northern Ireland).