National Legislative Ammendments in accordance with the Basel Convention

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, was developed in response to concerns internationally, involving the dramatic rise in the illegal shipment of hazardous waste from developed countries for disposal in developing countries and Eastern Europe. Trinidad and Tobago acceded to the Basel Convention in 1994, and as such the country is obligated to ensure that such waste is managed and disposed of in an environmentally sound manner.

The country has experienced ad hoc incidents involving the unauthorised entry of hazardous chemicals and waste into the country. Although these were fortunately detected by the Customs and Excise Division, as they were in contravention with a list of permissible substances on their check system, all the hazardous substances as listed under the Basel Convention are not currently included in that system. Thus, the country remains at risk for future illegal trafficking of hazardous waste.

In response to this issue, the EPPD initiated a series of mechanisms to make amendments to the Import and Export Negative Lists, which would by extension give the force of law nationally to the implementation of the Basel Convention. More specifically, the objective is to establish an Import and Export Licensing System, through the inclusion of those Basel Convention hazardous wastes that are of major concern locally on to the Import and Export Negative Lists respectively.

This will serve two main functions:

•  the restriction of the transboundary movement of hazardous wastes across the country’s borders and;
•  the creation of a regulatory mechanism to monitor and control by way of documentation of the  hazardous waste being transported. 

Consultations have been ongoing with key stakeholders, namely the Customs and Excise Division, the Ministry of Trade and Industry, the Environmental Management Authority (EMA) as the Competent Authority under the Basel Convention and the Ministry of Legal Affairs. Thus far progress has been positive and the key stakeholders have been very active and accommodating. It is anticipated that the final steps on this matter would be implemented in the not too distant future.

 

The Hydrochlorofluorocarbons (HCFCs) Phase-Out

Trinidad and Tobago acceded to the Vienna Convention for the Protection of the Ozone Layer, and the Montreal Protocol for the Phase-out of Ozone Depleting Substances (ODS) in 1989. Our country was the first of the Caribbean Commonwealth to become a party to this Multilateral Environmental Agreement and has since ratified  all amendments to the Protocol.

Subsequent to the accession, the National Ozone Unit (NOU) was established in August 1997 within the Environmental Policy and Planning Division. This unit ensures that the country meets the obligations under the Protocol.  The efforts of the Unit over the years have resulted in the phase out of:

i. All ozone depleting substances (ODS) used in the fire protection sector (halons)

ii.Chlorofluorocarbons (CFCs) used in the foam and aerosol sectors 

iii.The imports of all CFCs as of December 31, 2007.

Hydrochlorofluorocarbons (HCFCs) was one of the chemicals used as a transient replacement for CFCs because the potential level of damage to the ozone layer was less than that caused by CFC use. However, given the increase in usage of HCFC on the global market and the consequent threat to the ozone layer, a landmark decision was made at the 20th Anniversary Meeting of the Montreal Protocol to accelerate the phase out of HCFCs.

Under this accelerated phase out schedule, the following was revised:

The phase out of HCFCs in Trinidad and Tobago began on January 1, 2013. Even though we do not produce any ozone depleting substances, our consumption is based on our imports. As a result, these chemicals are listed on the country's import negative list and require and import license from the Ministry of Trade, Industry and Investment.