Introduction

Management of hazardous wastes has been one of the major environmental

challenges facing Member States in the Region, both in magnitude and rate of
increase. The use of older and less efficient manufacturing processes, improper
management of wastes produced, poor storage and/or unwise purchasing of chemicals
for industry, agriculture and domestic use in quantities greater than needed, contribute
towards having high rates of hazardous waste generation. In facing increased risk to
human health and the environment associated with the transboundary movement and
disposal of hazardous wastes, UNEP introduced the Basel Convention, which was
adopted on 22 March 1989. Recognizing that the Basel Convention could be used as a
base upon which a more specific legal document could be developed to provide
greater degree of protection over the Sea Area surrounded by the eight ROPME
Member States, the Secretariat in cooperation with UNEP prepared the first draft of
the Protocol in 1989. The draft was reviewed by three legal/technical expert meetings
in 1989,1993 and 1994 respectively.

The text of the revised draft Protocol was sent to the Secretariat of Basel
Convention, ELI/PAC of UNEP and IMO for review and comments. The comments
received were incorporated and the final draft was presented to the Fourth
Legal/Technical Expert Meeting held in Tehran, I.R.Iran during 22-24 December
1997. Finally, the Plenipotentiaries Meeting was held in Tehran, I.R. Iran on Tuesday,
17 March 1998 during which six ROPME Member States signed the Protocol.

This Protocol addresses major issues of concern to countries of the Region. It

provides maximum protection against marine pollution resulting from transboundary
movements of wastes, operational pollution from ships and dumping of wastes at sea.
In the meantime, it promotes regional cooperation to address all aspects of hazardous
wastes and to ensure environmentally sound management of wastes. Through such a
regional cooperation we will be able to establish and run reception facilities to control
the operational pollution from ships. We will be able to establish an effective
monitoring and surveillance system to detect and control dumping of wastes at sea.
And, we will be able to utilize the existing facilities as well as those to be established
in the Region to a fuller capacity to handle wastes in an environmentally sound
manner.

Kuwait, December 1998

Dr. Mahmood Y. Abdulraheem

Co-ordinator ( Tech. & Admin.)
 PREAMBLE

THE CONTRACTING STATES

BEING PARTIES to the Kuwait Regional Convention for Cooperation on the

Protection of the Marine Environment from Pollution, adopted in 1978;

RECOGNIZING the danger posed to human health and the environment of the
Protocol Area by the transboundary movements and disposal of hazardous wastes and
other wastes, and that such movements and disposal transfer the detrimental effects of
such wastes from the place of origin to transit States and States in which the wastes
shall be disposed of or stored;

CONVINCED that the most effective way to reduce the risk to human health and the
marine environment from the dangers arising from hazardous wastes and other wastes,
including their transboundary movements, is to reduce and eliminate their generation,
and, where this is not possible, to dispose of them at or near the place of origin in an
environmentally sound manner;

FULLY RECOGNIZING that any Contracting State has the sovereign right to ban the
entry or disposal of foreign hazardous wastes and other wastes in its territory;

EMPHASIZING the importance of cooperation and coordination of action on a

regional basis with the aim of controlling the transboundary movements of hazardous
wastes and other wastes among themselves, and of restricting the importation of
wastes from non-Contracting States for disposal;

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TAKING INTO ACCOUNT Article 11 of the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal, 1989, and
adhering to the spirit of that Convention;

MINDFUL of the provisions of the United Nations Convention on the Law of the Sea,
1982, the International Convention for the Prevention of Pollution from Ships and its
Protocol, MARPOL 73/78, and the International Convention on the Prevention of
Marine Pollution by Dumping of Wastes and Other Matter, 1972 and its 1996
Protocol;

ALSO TAKING INTO ACCOUNT relevant international agreements and actions,

especially the 1992 Rio Declaration on Environment and Development and Agenda
21;

DESIROUS to strengthen the implementation of Articles lV and V, and in compliance

with Article XIX of the Kuwait Regional Convention;

HAVE AGREED as follows:

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 Article 1

SCOPE OF THE PROTOCOL

1. This Protocol shall apply to the following wastes that are subject to
transboundary movements to, from or through the Protocol Area and their
disposal:

a) Wastes that belong to any category contained in Annex I shall be hazardous

wastes, unless they do not possess any of the characteristics contained in
Annex III; and

b) Wastes that belong to any category contained in Annex II shall be other

wastes.

2. Wastes which, as a result of being radioactive, are subject to other international

control systems, are excluded from the scope of this Protocol.

3. Wastes which derive from offshore installations, as covered by the Protocol

concerning Marine Pollution resulting from Exploration and Exploitation of the
Continental Shelf, 1989, are excluded from the scope of this Protocol.

4. Nothing in this Protocol shall be construed as prohibiting or regulating the

overland or airborne transboundary movements and disposal of hazardous
wastes and other wastes, which movements and disposals do not intrude upon
the marine environment of the Protocol Area.
 Article 2

DEFINITIONS

For the purposes of this Protocol:

1 "Wastes" are substances or objects which are disposed of or are intended to be

disposed of or are required to be disposed of by the provisions of national law;

2. "Management" means the collection, transport arid disposal of hazardous wastes

or other wastes, including after-care of disposal sites;

3 "Transboundary movement" means any movement of hazardous wastes or other

wastes from an area under the national jurisdiction of one State to or through an
area under the national jurisdiction of another State or to or through an area not
under the national jurisdiction of any State, provided that at least two States are
involved in the movement;

4. "Environmentally sound management of hazardous wastes or other wastes"

means taking all practicable steps to ensure that hazardous wastes or other
wastes are managed in a manner which will protect human health and the
environment against the adverse effects which may result from such wastes;

5. "State of import" means any State to which a transboundary movement of

hazardous wastes or other wastes is planned or undertaken for the purpose of
disposal therein, or for the purpose of loading prior to disposal in an area not
under the national jurisdiction of any State;

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6. "State of export" means any State from which a transboundary movement of
hazardous wastes or other wastes is planned to be initiated or is initiated;

7. "State of transit" means any State, other than the State of export or import,
through which a movement of hazardous wastes or other wastes is planned or
takes place;

8 " States concerned " means States which are States of export, import or transit,
whether or not Contracting States.

9. "Importer" means any person under the jurisdiction of the State of import who
arranges for hazardous wastes or other wastes to be imported;

10. "Exporter" means any person under the jurisdiction of the State of export who
arranges for hazardous wastes or other wastes to be exported;

11. "Generator" means any person whose activity produces hazardous wastes or
other wastes or, if that person is not known, the person who is in possession
and/or control of those wastes;

12. "Disposer" means any person to whom hazardous wastes or other wastes are
shipped and who carries out the disposal of such wastes;

13. "Disposal" means any operation specified in Annex IV to this Protocol;

14. "Carrier" means any person who carries out the transport of hazardous wastes or
other wastes;

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15. "Person" means any natural or legal person;

16. "Ship" means a vessel of any type whatsoever operating in the marine
environment and includes hydrofoil boats, air-cushion vehicles, submersibles,
floating craft and fixed or floating platforms;

17. "Protocol Area" means the area as defined in Article 3 of this Protocol;

18. "Contracting State" means any State which has become a party to this Protocol;

19. "Convention" means the Kuwait Regional Convention for Co-operation on the
Protection of the Marine Environment from Pollution, 1978;

20. "Organization" means the Regional Organization for the Protection of the
Marine Environment established under Article XVI of the Convention;

21. "Council" means the organ of the Organization comprised of the Contracting
States and established in accordance with Article XVI of the Convention;

22. "Competent Authority" means either the National Authority defined in Article I
of the Convention, or the authority or authorities within the Government of a
Contracting State, designated by the National Authority to

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 be responsible for the fulfilment of the obligations and duties specified in the
Protocol;

23. Regional Technical Guidelines means the guidelines for the environmentally
sound management of hazardous wastes and other wastes, established pursuant
to paragraph c of Article 14 of this Protocol;

24. "Regional reception facility" means any facility established on the Regional
initiative to receive wastes and provide services to more than one Contracting
State;

25. "Illegal traffic" means any transboundary movement of hazardous wastes or

other wastes as specified in Article 10 of this Protocol.

Article 3

AREA OF APPLICATION

The area to which this Protocol applies (hereinafter referred to as the "Protocol Area")
shall be the Sea Area as defined in Article II,, paragraph (a) of the Convention,
together with the waters on the landward side of the baselines from which the breadth
of the territorial sea of the Contracting States is measured and extending, in the case of
watercourses, up to the freshwater limit and including intertidal zones, salt marshes,
khores and sabkhas.

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 Article 4

GENERAL OBLIGATIONS

1. Contracting States shall ensure that the generation of hazardous wastes or other
wastes is reduced to a minimum, taking into account social, technological and
economic aspects.

2. Each Contracting State shall prohibit all persons under its national jurisdiction
from transporting or disposing of hazardous wastes or other wastes unless such
persons are authorized or allowed to perform such types of operations.

3. Each Contracting State shall take appropriate measures to ensure that persons
involved in the management of hazardous wastes and other wastes under its
national jurisdiction take such steps as are necessary to prevent pollution due to
hazardous wastes or other wastes arising from such management and, if such
pollution occurs, to minimize the consequences thereof for human health and the
environment.

4. Each Contracting State shall require that hazardous wastes and other wastes that
are to be the subject of a transboundary movement be packaged, labelled, and
transported in conformity with generally accepted and recognized international
rules and standards.

5. Each Contracting State shall require that hazardous wastes and other wastes be
accompanied by a movement document from the point at which a transboundary
movement commences to the point of disposal.

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6. Contracting States shall ensure the effective control of transport and disposal
facilities for hazardous wastes or other wastes including routine inspection and
monitoring of environmental effects of these operations.

7. Each Contracting State shall require that hazardous wastes or other wastes, to be
exported, are managed in an environmentally sound manner in the State of
import or elsewhere.

8. Contracting States shall cooperate in monitoring the effects of the management

of hazardous wastes and other wastes on human health and the environment.

9. Contracting States shall cooperate in the development of programmes of

technical and other assistance related to the environmentally sound management
of hazardous wastes and other wastes.

10. Contracting States shall consider that illegal traffic m hazardous wastes or other
wastes is criminal.

11. Each Contracting State shall take appropriate legal, administrative and other
measures to implement and enforce the provisions of this Protocol, including
measures to prevent and punish conduct in contravention of the Protocol.

12. Each Contracting State shall designate its Competent Authority responsible for
the fulfillment of the obligations and duties specified in the Protocol.

13. Contracting States exercising their right to prohibit the import of hazardous
wastes or other wastes for disposal shall inform in writing other Contracting

11
 States directly or through the Organisation. The Contracting States shall
prohibit or shall not permit the export of hazardous wastes and other wastes to
those Contracting States which have prohibited the import of such wastes.

14. Nothing in this Protocol shall affect in any way the sovereignty of Contracting
States over their territorial sea established in accordance with international law,
and the sovereign rights and the jurisdiction which Contracting States have in
their exclusive economic zones and their continental shelves in accordance with
international law, and the exercise by ships and aircraft of all States of
navigational rights and freedoms as provided for in international law and as
reflected in relevant international instruments.

Article 5

PROHIBITION ON IMPORTATION
1. The importation of hazardous wastes or other wastes from non-Contracting States
into or through the Protocol Area for the purposes of final disposal by any
Contracting State is prohibited.

2. Contracting States may import hazardous wastes or other wastes for the purposes
of resource recovery, recycling, reclamation, direct re-use or alternative uses
from non-Contracting States through the Protocol Area, provided:

a) The State' of import has the facilities and technical capacity to manage the
hazardous wastes and other wastes in an environmentally sound manner
consistent with the Regional Technical Guidelines and such facilities are

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 registered with the Organization in consultation with the Competent Authority of
the State of import;

b) The State of export lacks the technical capacity, the necessary facilities, or suitable
disposal sites to dispose of the hazardous wastes and other wastes in an
environmentally sound manner; and

c) The transboundary movement of wastes is consistent with all relevant international

agreements and national laws.

Article 6

PROHIBITION ON DISPOSAL

1. Disposal of hazardous wastes in the Protocol Area is prohibited unless they are
destined for operations specified in Annex W Section B.

2. In conformity with relevant international legal regimes all ships must provide
adequate waste receiving facilities on-board for subsequent discharge of wastes to
national/Regional reception facilities. Adequate national and/or Regional
facilities shall be provided for the reception of such wastes and the wastes
generated from ports. Contracting States may levy charges for services rendered at
the reception facilities towards management of wastes, taking into consideration
the national regulations and Regional Technical Guidelines.

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 3. Disposal of other wastes shall require a prior permit as granted by the
Competent Authority of each Contracting State in accordance with the
Regional Technical Guidelines.

Article 7

EXPORTATION OF HAZARDOUS WASTES AND OTHER WASTES

TO NON-CONTRACTING STATES

The export of hazardous wastes and other wastes by a Contracting State to a non-
Contracting State is allowed provided that:

a) The State of export notifies other States concerned, through the Organization, of
its intent to export hazardous wastes or other wastes;

b) The State of import has the facilities and technical capacity to manage the
hazardous wastes and other wastes in an environmentally sound manner; and

c) The transboundary movement is consistent with the provisions of the Basel

Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal, other relevant international agreements, and national laws.

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 Article 8

TRANSBOUNDARY MOVEMENT OF RAZARDOUS

WASTES AND OTHER WASTES BETWEEN
CONTRACTING STATES

1 Except as provided in paragraph 2 below, no Contracting State shall export

hazardous wastes and other wastes to any other Contracting State unless:

a) Regional Technical Guidelines have been adopted by the Council;

b) The State of import has the facilities and technical capacity to manage the
hazardous wastes and other wastes in an environmentally sound manner
consistent with the Regional Technical Guidelines and such facilities are
registered with the Organization in consultation with the Competent Authority
of the State of import; and

c) The State of export lacks the technical capacity, the necessary facilities or
suitable disposal sites to dispose of the hazardous wastes and other wastes in
accordance with the Regional Technical Guidelines.

2. Hazardous wastes or other wastes may be exported by a Contracting State to

another Contracting State for operations specified in Annex IV section B.

3. The State of export shall notify in writing the Contracting States concerned,
directly or through the Organization, of any proposed transboundary movement
of hazardous wastes and other wastes. Such notification shall contain the
declaration and information specified in Annex V A.

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 Only one notification needs to be sent to each Contracting State concerned, with
a copy to the Organization.

4. The State of import shall respond to the notifier in writing, consenting to the
movement with or without conditions, denying permission for the movement, or
requesting additional information. A copy of the final response of the State of
import shall be sent to the Competent Authorities of the States concerned, with a
copy to the Organization.

5. Each State of transit which is a Contracting State shall promptly acknowledge

to the notifier receipt of the notification. It may subsequently respond to the
notifier in writing, within thirty days, consenting to the movement with or
without conditions, denying permission for the movement, or requesting
additional information. The State of export shall not allow the transboundary
movement to commence until it has received the written consent of the State of
transit. However, if at any time a Contracting State decides not to require prior
written consent, either generally or under specific conditions, for transit
transboundary movements of hazardous wastes or other wastes, or modifies its
requirements in this respect, it shall forthwith inform the other Contracting
States of its decision. In this latter case, if no response is received by the State
of export within thirty days of the receipt of a given notification by the State of
transit, the State of export may allow the export to proceed through the State of
transit.

6. A copy of the movement documents described in Annex V B should be sent to

the Organization along with the notification.

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7. Any transboundary movement of hazardous wastes and/or other wastes shall be
covered by insurance, bond or other guarantee as may be required by the State of
import or any State of transit.

8. Contracting States shall cooperate with a view to achieving the objectives of this
Article, and shall endeavour to promote sound environmental management of
hazardous wastes and other wastes in accordance with the Regional Technical
Guidelines.

Article 9

THIRD PARTY USE OF PORT FACILITIES

Whenever port facilities within the Protocol Area are used for the export of hazardous
wastes or other wastes, any Contracting State having national jurisdiction over the
facilities, and which knowingly allowed or sanctioned such use of the facilities, shall
be considered the State of export for purposes of this Protocol.

Article 10

ILLEGAL TRAFFIC

1. For the purposes of this Protocol, any transboundary movement of hazardous

wastes and other wastes in contravention of this Protocol and of general
provisions of international law shall be deemed to be illegal traffic.

2. In case of a transboundary movement of hazardous wastes or other wastes

deemed to be illegal traffic as the result of conduct on the part of the exporter

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 or generator, the State of export shall ensure that the wastes in question are:

a) taken back by the exporter or the generator or, if necessary, by itself into the
State of export, or, if impracticable,

b) otherwise disposed of in accordance with the provisions of this Protocol,

within 30 days from the time the State of export has been informed about the
illegal traffic or such other period of time as States concerned may agree. To this
end the States concerned shall not oppose, hinder or prevent the return of those
wastes to the State of export.

3. In the case of a transboundary movement of hazardous wastes or other wastes

deemed to be illegal traffic as the result of conduct on the part of the importer or
disposer, the State of import shall ensure that the wastes in question are disposed
of in an environmentally sound manner by the importer or disposer or, if
necessary, by itself within 30 days from the time the illegal traffic has come to
the attention of the State of import or such other period of time the States
concerned may agree. To this end, the States concerned shall co-operate, as
necessary, in the disposal of the wastes in an environmentally sound manner.

4 In cases where the responsibility for the illegal traffic cannot be assigned either
to the exporter or generator or to the importer or disposer, the States concerned

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 shall ensure, through co-operation, that the wastes in question are disposed of as
soon as possible in an environmentally sound manner, either in the State of
export or the State of import or elsewhere as appropriate.

5. Each Contracting State shall enact appropriate national/domestic legislation to

prevent and punish illegal traffic. The Contracting States shall co-operate with a
view to achieving the objectives of this Article.

Article 11

DUTY TO RE-IMPORT

When a transboundary movement of hazardous wastes or other wastes to which the

consent of the States concerned has been given, subject to the provisions of this
Protocol, cannot be completed in accordance with the terms of the contract, the State
of export shall ensure that the wastes in question are taken back into the State of
export, by the exporter, if alternative arrangements cannot be made for their disposal
in an environmentally sound manner, within thirty days from the time that the
importing State informed the State of export and the Organization. To this end, the
State of export and the State of transit shall not hinder the return of those wastes to the
State of export.

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 Article 12

ADOPTION OF OTHER RESTRICTIONS

Nothing in this Protocol shall prevent any Contracting State from imposing additional
requirements that are consistent with the provisions of this Protocol, and are in
accordance with the Basel Convention on the Control of Transboundary Movements
of Hazardous Wastes and their Disposal, and the rules of international law, in order to
better protect human health and the environment.

Article 13

INSTITUTIONAL ARRANGEMENTS.

The Organization shall, inter alia:

1. Communicate with, Competent Authorities in Contracting States on the

application of the Protocol;

2. Provide for training of national experts particularly for monitoring and

enforcement of the provisions of the Protocol;

3. Arrange, upon request, for the provision of legal and technical assistance and
advice to the Contracting States for the effective implementation of the Protocol;

4. Enhance the Regional capabilities and networks for the exchange of data and
information of relevance to the Protocol;

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5. Maintain a special Register, in consultation with the Competent Authorities,
of disposal facilities in the Contracting States which have adequate
technical capacities to manage hazardous wastes and other wastes in an
environmentally sound manner as specified in the Regional Technical
Guidelines;

6. Establish a unified monitoring system for the transboundary movement of

hazardous wastes and other wastes in the Protocol Area;

7. Facilitate the establishment of Regional reception facilities in close

cooperation with Contracting States and relevant regional/international
organizations;

8. Prepare reports based upon information received from Contracting States on

the application of the Protocol and present them to the Council;

9. Establish and maintain liaison with relevant regional and international

organizations, and appropriate private organizations outside the Contracting
States, including generators and carriers of hazardous wastes and other
wastes;

10. Establish and maintain liaison with the Secretariat of the Basel Convention
on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal; and

11. Perform such other functions as may be assigned to it by the Council for the
implementation of the Protocol.

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 Article 14

FUNCTIONS OF THE COUNCIL

The Council shall perform the following functions:

a) Review the implementation of the Protocol, and consider the efficacy of the
measures adopted and the need for any other measures, including the
addition of Annexes;

b) Adopt, review and amend as required any Annex to this Protocol;

c) Adopt, revise and amend the Regional Technical Guidelines; and

d) Discharge any other functions as may be appropriate for implementation of

this Protocol.

Article 15

GENERAL PROVISIONS

1. The provisions of the Convention relating to any Protocol shall apply to this
Protocol.

2. Procedures for amendments to Protocols and their Annexes adopted in

accordance & with Articles XX and XXI of the Convention shall apply to this
Protocol.

3. The Rules of Procedure and Financial Rules adopted pursuant to Article XXII of
the Convention, and amendments thereto, shall apply to this Protocol.
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4. The Annexes shall form an integral part of this Protocol unless expressly
provided otherwise therein.

Article 16

FINAL PROVISIONS
1. This Protocol shall be open for signature in Tehran, the Islamic Republic of Iran
from 17 March to 14 June 1998 corresponding to 18 Thulqida 1418 to 19 Safar
1419 of Hejira by any Contracting State to the Convention.

2. This Protocol shall be subject to ratification, acceptance, approval or accession

by the Contracting States to the Convention. Instruments of ratification,
acceptance, approval or accession shall be deposited with the Government of
Kuwait which shall assume the functions of the Depository in accordance with
Article XXX of the Convention.

3. This Protocol shall enter into force on the ninetieth day following the date of
deposit of at least five instruments of ratification, acceptance or approval of or
accession to the Protocol by the States as referred to in paragraph 1 of this
Article.

4. After the date of deposit of five instruments of ratification, acceptance or

approval of or accession to this Protocol, this Protocol shall enter into force with
respect to any State as referred to in paragraph 1 of this Article on the nineteenth
day following the date of deposit by that State of the instrument of ratification,

23
 acceptance, approval or accession.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized

by their respective Governments, have signed this Protocol.

DONE AT TEHRAN this seventeenth day of March, in the year one thousand nine
hundred and ninety-eight corresponding to eighteenth day of Thulqida in the year one
thousand four hundred and eighteen of Hejira in the Arabic, English and Farsi
languages, the texts being equally authentic.

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