Press Release of the Secretariat of the Basel Convention
Both delegations agreed that the matter should be resolved amicably in the interest of friendly relations between the two countries. As States Parties to the Basel Convention, they recognised the importance of settling their differences in a peaceful manner and in keeping with Article 20 of the Convention.
At this meeting, Indonesia and Singapore presented and exchanged their views on the facts of the case. Both delegations further recognised that the current dispute relates to the interpretation of Article 3 of the Convention on domestic definitions of hazardous waste as well as Article 13 on the transmission of information on such domestic definitions to all States Parties to the Basel Convention through the SBC.
Based on the exchange of views between the two delegations, Singapore and Indonesia agreed as follows:
(a) Both delegations noted the collection of samples in Indonesia and Singapore for testing as well as the tests results which have been undertaken by the independent expert recommended by the SBC.
(b) In view of Article 3 and Article 13 of the Basel Convention regarding domestic definition of hazardous wastes, the Delegation of the Republic of Singapore expressed its view that export of the material in question from Singapore to Indonesia was not classified as hazardous waste according to Singapore's domestic laws.
(c) On the other hand, pursuant to Indonesia's domestic laws, the Delegation of the Republic of Indonesia considered that the export of the material in question from Singapore to Indonesia was hazardous waste prohibited under its domestic laws.
(d) As part of Indonesia's obligations as a State Party to the Basel Convention, the Indonesian Ministry of Environment (KLH) transmitted to the SBC a list of hazardous wastes contained in government regulation 85/1999 on 29 July 2004. This notification was sent by the SBC and received by Singapore on 27 Aug 2004. Meanwhile, the material in question was exported from Singapore on 27 July 2004 and arrived in Batam on 28 July 2004.
(e) As State Parties to the Basel Convention both Indonesia and Singapore are determined to comply with all its provisions. Singapore has acted in accordance with its domestic law, and the export of material in question from Singapore to Indonesia on 27 July 2004 did not breach the Basel Convention, and the shipment of material in question from Indonesia to Singapore will not be regarded as a re-export under articles 8 and 9 of the Basel Convention.
In the interest of resolving this issue amicably and in the spirit of good neighbourliness, Singapore will allow the return of the material in question from Indonesia to Singapore. In this context, the current prohibition imposed by Singapore on the return of the material in question will be lifted immediately after the release of this joint press statement.
Both parties will, within a week, initiate the process to ensure the speedy return of the material in question to Singapore.
In order to prevent any future similar incidents, both Singapore and Indonesia agreed to utilise the existing technical forum under the Indonesia-Singapore Joint Working Group on the Environment (ISWG).
The Executive Secretary of the Basel Convention congratulated the two Parties on the successful resolution of this matter, and commended them for the fraternal and cooperative manner in which this had been achieved.
웹사이트: http://www.unep.org.
연락처
Nicole Dawe, Secretariat of the Basel Convention, at +41 22 917 82 20
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2010년 6월 10일 10:36