AUG 27, 2015

NR # 3939C

House Ecology panel asks Canada to take back 50 containers of wastes

The 50 container vans of mixed wastes from Canada should be shipped back to their
port of origin by the Canadian government itself in accord with the Basel Convention, and
not disposed in any area within the Philippine jurisdiction.
This is the strong message in a letter via email sent August 25, 2015 by House
Committee on Ecology Chairman Amado S. Bagatsing to the Hon. Chairman of the
Committee on Environment and Sustainable Development, House of Commons, Ottawa in
Canada.
Bagatsing stressed his Committees hope and confidence that the issue could be
resolved through the diplomatic channels.
Copies of said inter-parliamentary letter were also furnished the following: H.E.
Ambassador Neil Reeder, Canadian Embassy; Secretary Ramon J.P. Paje of the
Department of Environment and Natural Resources; and Department of Foreign Affairs
Secretary Albert F. Del Rosario.
Bagatsing told his Canadian counterpart that on March 18, 2015 his committee
deliberated on House Resolution No. 1525, which seeks to inquire into the unlawful
importation of mixed wastes from Canada.
During the said public hearing, the Bagatsing panel established that from June to
September 2013, 50 container vans filled with wastes, mostly with used plastic bags,
bottles, newspapers, household garbage and used adult diapers were shipped from Canada
by Chronic Incorporated, a private company in Ontario, Canada.
Said shipment, Bagatsing told his Canadian counterparts, was seized by the
Philippine Bureau of Customs which declared the contents thereof as heterogeneous
wastes; thus, an UNLAWFUL IMPORTATION pursuant to our Republic Act 6969,
entitled Toxic substances and Hazardous and Nuclear Wastes Control Act of 1990.
While criminal cases were already lodged against the Chronic Plastics, a company
to which shipment was consigned, the House Ecology Committee opts to seek refuge in
the fact that governments of the Philippines and Canada are signatories to the Basel
Convention since 1989, the letter said.
Under the Convention, the aforementioned act is deemed as an illegal traffic
based on Paragraph 1.c of Article 9 of the said Convention. Furthermore, it must be noted
that Paragraph 2 of the Convention states that the State of export shall ensure that the
illegal traffic are either: (a) taken back by the exporter or the generator or, if necessary, by

itself into the State of export; or, if impracticable, (b) disposed of in accordance with the
provisions of this Convention, within 30 days from the time the State of export has been
informed about the illegal traffic or such other period of time as States concerned may
agree, the letter stated.
Bagatsings letter further recalled: It is unfortunate to note that, in this regard, the
Office of the Ambassador of Canada to the Philippines released a statement stating that
there is no current domestic law which your Government could apply to compel the
shipper to return its containers to Canada.
Notwithstanding the said statement, Chairman Bagatsing added that the House
committee is of a resolve that the Basel Convention applies.
It must be underscored that its provisions, intentions and underlying principles for
Governments to take due diligence and responsibility on illegal traffic activities, most
specially on wastes emanating from their country, must be diplomatically resolved, the
letter stated.
The letter further stated: In this connection, we would like to express our united
position that the said 50 container vans of wastes, including those wastes exported
thereafter, be shipped back by the government of Canada itself since it cannot compel the
shipper to return its containers to Canada pursuant to the Basel Convention.
We are also collective in our position against disposing the said wastes in any area
within the Philippine jurisdiction, Bagatsing stressed.
In conclusion, the letter stated: We hope that our Governments will continue to be
united in upholding in good faith, not only the Basel convention, but more significantly,
the fundamental principles of Good Neighbour. (30) dpt