Basel Convention

PARAGUAY

Status of Ratification/Accession/Acceptance/Approval:	28.09.1995 (a)
Ratification of the Amendment to the Basel Convention:	28.08.1998

Competent Authority	Focal Point
Direccion de Planificacion Estrategica Secretaria del Ambiente Madame Lynch 1500 Asuncion tel: [phone] fax: [phone] e-mail: [e-mail]	Same as the Competent Authority

National Definition

Hazardous wastes are those wastes of industrial processes or others, that because of their toxic (corrosive), explosive (reactive), inflammable, carcinogenic (teratogenic) or mutagenic, radioactive characteristics they can cause morbility or mortality in the living population and adverse effects to the environment. For the purpose of this Regulation the table of categories of hazardous wastes adopted by the Basel Convention included in Annex I, shall be considered. There are no wastes defined as, or considered to be hazardous wastes by national legislation in accordance with Art. 1, para 1(b) of the Basel Convention. In Paraguay there are no wastes other than those pursuant to Art. 1 (1)a and/or Art. 1 (1)b of the Basel Convention that require special consideration when subjected to transboundary movement.

Restrictions on Transboundary Movement	Amendment to the Basel Convention The amendment to the Basel Convention (Decision III/1) has been implemented in Paraguay.
	Restrictions on export for final disposal and for recovery Paraguay has no restrictions on the export of hazardous wastes and other wastes for final disposal and for recovery.
	Restrictions on import for final disposal and for recovery Paraguay restricts the import of hazardous wastes and other wastes for final disposal and for recovery.
	Restrictions on transit Paraguay restricts the transit of hazardous wastes and other wastes. In the MERCOSUR Treaty (Argentina, Brazil, Paraguay, Uruguay), the authorities are trying to introduce articles of the Basel, POP’s and PIC Conventions.

Disposal/ Recovery Facilities

None.

Bilateral, Multilateral or Regional Agreements

MERCOSUR (Argentina, Brazil, Paraguay, Uruguay).

Technical Assistance and Training Available

The available sources are: Sobrevivencia ONGs; Altervida ONGs; SENASA – Ministry of Health; and Univesidad de quimica.

Basel Convention

Country Fact Sheet

PERU

Status of Ratification/Accession/Acceptance/Approval:	23.11.1993 (a)
Ratification/Acceptance of the Amendment to the Basel Convention:	Not yet as of 20.11.2002

Competent Authority

Focal Point

Office of the Director-General for Environmental Health Ministry of Health Las Amapolas 350 Lince-Lima tel: [phone] fax: [phone] e-mail: [e-mail] [e-mail] Ministry of Industry, Tourism, Integration and International Trade Negotiations Office of the Deputy Minister for Industry Office of the National Director for Industries Office of the Director for Environmental Affairs Calle Uno Oeste No. 50 Urbanización Corpac, San Isidro, Lima 27 tel: [phone] fax: [phone] e-mail: [e-mail] [e-mail] [e-mail]

Ministry of Industry, Tourism, Integration and International Trade Negotiations Office of the Deputy Minister for Industry Office of the National Director for Industries Office of the Director for Environmental Affairs Calle Uno Oeste No. 50 Urbanización Corpac, San Isidro, Lima 27 tel: [phone] fax: [phone] e-mail: [e-mail] [e-mail] [e-mail]

National Definition

There is no definition of waste for the purpose of transboundary movements of wastes; however, there is a General Solid Wastes Act, Act No. 27314 published on 21 July 2000, in which the following definition of solid wastes is laid down: Article 14 – Definition of solid wastes Solid wastes are those substances, products or by-products in solid or semi-solid state which the generator of such wastes disposes of, or is required to dispose of, by virtue of the provisions of national regulations or because of the risks they cause to health and the environment, for management by means of a system including the following operations or processes, as appropriate: waste minimization; segregation at source; resupply; storage; collection; commercialization; and transport.

This definition has made it possible for the population to identify solid wastes and all wastes declared as such must be subject to the corresponding provisions, including, for example, the provisions of the Basel Convention. The definition of hazardous waste is in accordance with the Basel Convention. Furthermore, the General Solid Wastes Act, Act No 27314, states: Article 22 – Definition of hazardous solid wastes 22.1 The hazardous solid wastes are those that by its characteristics or management, could represent a important risk for the health or environment. 22.2 Without prejudice of the international standard in force for the country, the hazardous solid wastes are those with the following characteristics: self combustible, explosive, corrosive, reactive, toxic, radioactive or pathogenic. There are no wastes defined as, or considered to be hazardous wastes by national legislation in accordance with Art. 1, para 1(b) of the Basel Convention. The import of all types of waste is controlled in Peru and those which have been shown not to be hazardous are admitted.

Restrictions on Transboundary Movement	Amendment to the Basel Convention The amendment to the Basel Convention (Decision III/1) has not been implemented in Peru.
	Restrictions on export for final disposal and for recovery Peru does not restrict the export of hazardous wastes and other wastes for final disposal and for recovery. The exporter must ask the Ministry of Health's DIGESA to apply procedure No. 44 on Notifying the importing Country for the export of hazardous wastes with certain requirements specific to this procedure having to be complied with under the Single Text of Administrative Procedures in the Health Sector (Regulation promulgated by means of Supreme Decree No. 002-99-SA). However, this procedure is not a restriction.
	Restrictions on import for final disposal and for recovery Peru restricts the import of hazardous wastes and other wastes for final disposal and for recovery. The relevant legislations are: The Supreme Decree No. 036-88-SA entered into force in 1988. The entry into the national territory of all types of wastes or any other waste material resulting from a process of production, extraction or processing, use or consumption is prohibited; as well as radioactive wastes. Included in the ban laid down in the previous article are materials or by-products which are capable of being reused or consumed for industrial purposes, with the exception of those in respect of which it has been reliably certified that they will not cause any damage or negative impact on public health or the environment in the course of local processing or reuse. Act 27314 - General Solid Wastes Act, entered into force on 22 July 2000 Article 17, Introduction of wastes - The import of solid wastes into the national territory is prohibited. Only exceptionally shall the import of solid wastes destined exclusively for recycling, reuse or recovery activities be permitted, subject to prior substantiated authorization issued in the form of a decision by the Ministry of Health's DIGESA. This authorization shall be granted for successive import operations in a specific period, once it has been shown that the same type of waste originating from the same source of supply is to be imported. This restriction is applicable throughout the Country and for the wastes specified in it.
	Restrictions on transit Peru restricts the transit of hazardous wastes and other wastes. The relevant legislations are: Act 27314 - General Solid Wastes Act, entered into force on 22 July 2000 Article 17.- Introduction of wastes 17.2 No authorization for import or transit through the national territory shall be granted for wastes which, by virtue of their radioactive nature or their handling requirements, are hazardous for human health and the environment. The Office of the Director-General for Captaincies and Coastguards of the Navy of the Ministry of Defence may prohibit entry to national waters and ports to vessels which are carrying wastes as transit cargo if they do not comply with the transport safety norms and formalities for legal entry into the national territory for transit purposes laid down in international Agreements signed by Peru and other legal norms in force. Basel Convention Legislative Resolution No. 26234 in force since 21 February 1994. The restrictions cover all countries at the international level and all types of waste. Furthermore, all countries soliciting transit of hazardous waste must inform, with the notification, the following: contract between exporter and importer; bank guarantees; list of forwarders; quantity of recyclable material in relation to waste (%); transit countries; and description of the process and recycling Plant (destination).

Reduction and/or Elimination of Hazardous Waste Generation	National strategies/policies Implementation of regulations under an Act based on the principle of minimization of solid wastes. In this regard it promotes: Development and use of production and marketing technologies, methods, practices and processes which encourage the minimization or reuse of solid wastes and their proper handling. Encouragement of the Reuse of solid wastes and the additional adoption of processing practices and proper final disposal, etc. Surveillance of enterprises which handle imported wastes for preventive purposes, identifying risks, proposing proper monitoring which does not endanger occupational and public health and the environment. Promotion of recycling oriented towards the use of industrial waste exchanges and validation of clean technologies which market wastes presented as products subject to quality control.
	Legislation, regulations and guidelines Supreme Decree No. 036-88-SA, banning the import into the national territory of all types of wastes, entered into force in 1988; Act 27314 - General Solid Wastes Act, entered into force on 22 July 2000; Technical Guide for the Proper Handling of Polychlorinated Biphenyl Wastes; and Guide for the Management of Solid Hospital Wastes
	Economic instruments/ initiatives Certification of enterprises which handle solid wastes as solid waste service providers which will be duly registered. Implementation of a set of charges on the basis of technical criteria which ensure fairness in investment in obtaining the service.
	Measures taken by industries/waste generators Organization of the industry through industry unions for the purpose of dissemination of the regulations under the General Wastes Act so that all businessmen enjoy the benefits of being familiar with them, ensuring their certification and compliance with obligations and enjoyment of their rights. Cleaning up of activities related to Solid Wastes in their sphere of activity.
	Others Establishment of audit machinery which will guarantee the proper development of solid waste management Introduction of information systems which will allow monitoring of achievements and shortcomings in the area of solid waste management.

Transboundary Movement Reduction Measures	National strategies/policies Health Surveillance Programme at border points in coordination with Customs, so that only wastes of value and not hazardous wastes enter the Country.
	Legislation, regulations and guidelines Act 27314 - General Solid Wastes Act, entered into force on 22 July 2000; and Procedure No. 45 on Health Authorization for the import of non-hazardous wastes under the Single Text of Administrative Procedures in the Health Sector.
	Economic instruments/ initiatives Promotion of the use of industrial waste exchanges; and Implementation of the Basel Convention and regulations under the General Solid Wastes Act - Act 27314.
	Measures taken by industries/waste generators Organization of the industry through industry unions for dissemination of the regulations under the General Wastes Act so that all businessmen enjoy the benefits of being familiar with them, ensuring their certification and compliance with obligations and enjoyment of their rights. Cleaning up of activities related to Solid Wastes in their sphere of activity.
	Others Promotion of recycling and the use of clean technologies.

Disposal/ Recovery Facilities

Disposal facilities Portillo Grande, Lurin, Relima, sanitary landfill, area method (D1); Zapallal, Puente Piedra, Relima, sanitary landfill, area method (D1); and Huaycoloro, Huarochiri, Petramas, sanitary landfill, area method (D1). Recovery/recycling/re-use facilities Corporation Aceros Arequipa, infrastructure: electric-arc furnace, ladle furnace (R4); and Tecnofil S.A., electric furnace (R4).

Bilateral, Multilateral or Regional Agreements

None.

Technical Assistance and Training Available

The available sources are: Programa Bianual en Salud Ambiental (EPH) de la Organizacion Panamericanade la Salud (OPS); Red Panamericana de Manejo Ambiental de Residuos Solidos (REPAMAR) de la Agencia de Cooperation Alemana (GTZ); and Proyecto de Gestions Ambiental de la AID.

Basel Convention

Country Fact Sheet