Editorial note

The Protocol on the Prevention of Pollution of the Mediterranean Sea by Transboundary Movements of Hazardous Wastes and their Disposal aims to prevent, abate and eliminate pollution in the Mediterranean Sea Area caused by transboundary movements and disposal of hazardous wastes (Article 5). Hazardous wastes are defined as wastes that belong to any category in Annex I to the Protocol; wastes defined or considered to be hazardous by the domestic legislation of the State of export, import or transit; wastes that possess the characteristics contained in Annex II to the Protocol; hazardous substances that have been banned or expired or whose registration has been cancelled or refused or voluntarily withdrawn or omitted (Article 3). The generator, the exporter or the importer, depending on the circumstances, shall bear the responsibility for checking with the competent authorities of the State of export, import or transit that a particular waste, prior to its transboundary movement, is not subject to the Protocol (Article 3(3)).

Parties shall take all appropriate measures to reduce to a minimum, and where possible to eliminate, the generation of hazardous waste (Article 5(2)). They shall also take all appropriate measures to reduce to a minimum the transboundary movement of hazardous waste in the Mediterranean, and if possible eliminate such movement (Article 5(3)). To achieve this goal, Parties have a right to ban the import of hazardous wastes (Article 5(3)). The export or transit of hazardous wastes to developing countries must be prohibited (Article 5(4)).