Memorandum

Data on the Generation and Transboundary Movements of Hazardous Wastes and Other wastes in 2003 (as reported)		Quantities (in metric tons)
Generation	Amount of hazardous wastes generated under Art. 1(1)a (Annex I: Y1-Y45) of BC
	Amount of hazardous wastes generated under Art. 1(1)b of BC
	Total amount of hazardous wastes generated	Not reported
	Amount of other wastes generated (Annex II: Y46-Y47)	Not reported
Export	Amount of hazardous wastes exported	Not reported
	Amount of other wastes exported	Not reported
Import	Amount of hazardous wastes imported	Not reported
	Amount of other wastes imported	Not reported

Basel Convention 2002
Country Fact Sheet 2003

Peru

Status of Ratifications:
Party to the Basel Convention:	23.11.1993 (a)
Amendment to the Basel Convention:	-
Basel protocol on Liability and Compensation:	-

(Accession (a); Acceptance (A); Approval (AA); Formal confirmation (c); Ratification; Succession (d))

Competent Authority	Focal Point
Office of the Director General for Environmental Health Ministry of Health, Las Amapolas 350 Lince-Lima Peru Telephone: [phone] Telefax: (51 1) 440 65 62 E-Mail: [e-mail] or              [e-mail] Website: (Multiple Authorities - list available from the Focal Point)	Ministry of Production Office of the Deputy Minister for Industry Office of the National Director for Industries Office of the Director for Environmental Affairs, Calle Uno Oeste Nr. 050, Urbanización Corpac, San Isidro, Lima 27 Peru Telephone: [phone] Telefax: (51 1) 616 22 22 / 80 E-Mail: [e-mail];              [e-mail];              [e-mail] and              [e-mail] Website:

National Definition

National definition of waste used for the purpose of transboundary movements of waste exists in Peru. 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. En Julio del 2004 se publicó el Decreto Supremo N° 057-2004-PCM, Reglamento de la Ley General de Residuos Sólidos, que en su artículo 95° dispone: La importación, exportación y el tránsito de residuos, se regulan internacionalmente por el Convenio de Basilea sobre el Control de los Movimientos Transfronterizos de los Desechos Peligrosos y Otros Desechos y su Eliminación, aprobado mediante Resolución Legislativa N° 26234. Solo está permitido el internamiento de residuos destinados exclusivamente para su reaprovechamiento como insumo en la actividad productiva en el país. National definition of hazardous waste used for the purpose of transboundary movements of waste exists in Peru. 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 significant 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. In Peru 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. 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 Peru has no restrictions on the export of hazardous wastes and other wastes for final disposal. The exporter must ask the DIGESA of Ministry’s Health to apply procedure No. 91 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. 001-2002-SA).
	Restrictions on export for recovery Peru has no restrictions on the export of hazardous wastes and other wastes for recovery. The restriction involves compliance with procedure No. 91 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. 001-2002-SA).
	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. Basel Convention Legislative Resolution No. 26234 in force since 21 February 1994. Furthermore, all countries that solicit transit of hazardous waste must inform by sending notification, containing the following: 1.Contract between Exporter and Importer; 2.Bank guarantees; 3.List of forwarders; 4.Quantity of recycling material in relation waste (%); 5.Transit countries; and 6.Description of the process and recycling Plant (destination). 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.
	Restrictions on transit Peru restricts the transit of hazardous wastes and other wastes. 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 Defense 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. Furthermore, all countries that solicit transit of hazardous waste must inform by sending Notification, containing the following: 1.Contract between Exporter and Importer; 2.Bank guarantees; 3.List of forwarders; 4.Quantityof recycling material in relation waste (%); 5.Transit countries; and 6.Description of the process and recycling Plant (destination). The restrictions cover all countries at the international level and all types of waste.

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; and 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 Act 27314 - General Solid Wastes Act, entered into force on 22 July 2000; Art. 24 y 45; Decreto Supremo N° 057- 2004-PCM, Reglamento de la Ley General de Residuos Sólidos; Development towads Guide for the Management of Solid Hospital Wastes: Resolución Ministerial N° 217-2004/MINSA, que aprueba la Norma Técnica N° 008-MINSA/DGSP-V.01- Manejo de Residuos Sólidos Hospitalarios.
	Economic instruments/ initiatives Certification of enterprises which handle solid wastes as solid waste service providers 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 all the involved Government areas, such as Customs, Health Minister and others, so that only wastes of value and not hazardous wastes enter the Country; PIC; and to homogenize criteria with the other countries involved.
	Legislation, regulations and guidelines DL 26234 - Approval of the Basel convention by the Democratic Constituent Congress on 19 October 1993; Act 27314- General Solid Wastes Act, entered into force on 22 July 2000; Establishment of Law penalties according with the 27314 Act; and Procedure No. 92 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 Huaycoloro/Huarochiri/Petramas (municipalities); Sanitary landfill - area method; D1 Abengoa S.A. (industries, extreme security); Sanitary landfill - area method; D1 DESAB (DIGESA) counts with the list of fillings authorized.

Recovery/recycling/re-use facilities Corporation Aceros Arequipa; Infrastructure: electric-arc furnace, ladle furnace; R4 Tecnofil S.A: Electric furnaces; R4 Repsur; Logística de Southern Peru Copper Corporation; R4 Reactivos Mineros S.A.C; Infrastructure: electric, reactors. Reciclado de Zn y Cu, para la fabricación de sulfatos de Zn y de Cu; R4 Nieto Becerra; Logística de Southern Peru Copper Corporation; R4 A complete list could be obtained from the Focal Point.

Bilateral, Multilateral or Regional Agreements

No agreements.

Technical Assistance and Training Available

PNUMA WHO - OPS GTZ CEPIS Proyecto VIGIA - MINSA PNUMA help PERU in PCBs Project. GTZ promotes and finances projects on handling of wastes at local and regional level. VIGIA_MINSA Project promotes investigation on hospitable solid wastes. CEPIS promotes investigation on solid wastes.