B4-0998, 1052 and 1071/96

Resolution on toxic waste in South Africa

The European Parliament,

- having regard to the ongoing negotiations between South Africa and the European Union concerning South Africa's accession to the Lomé Convention,

- having regard to Article 39 of the Lomé Convention concerning the ban on imports and exports of hazardous waste between the European Union and ACP States, including hazardous waste for recycling,

- having regard to the Bamako Convention adopted by the OAU which prohibits the import into Africa of any hazardous waste,

- having regard to the decision taken by the Convening Parties of the Basle Convention on 22 September 1995 (designated II/12) to ban all exports of toxic waste to non-OECD countries after 1 January 1998,

A. noting that the British multinational, Thor Chemicals Ltd. has exported hundreds of tonnes of toxic mercury waste from EU countries - United Kingdom, Spain and Italy - to its plant in Cato Ridge, South Africa for 'recycling', claiming that this represents environmentally sound waste management,

B. noting that, despite claims that the mercury would be reprocessed, most of the waste was simply stored while attempts were made to operate a very hazardous incinerator, leaving the South African administrators and the general public facing 5000 metric tonnes of toxic waste, i.e. 10 000 barrels of hazardous mercury wastes, a sludge pond containing 2500 tonnes and heaps of hazardous ash from the incinerator,

C. appalled at the news of the death or disability of more than 20 South African workers at Thor Chemicals from mercury poisoning, the case being classified by Greenpeace as the worst incident of the waste trade yet discovered, as no other case investigated by that organization showed 'such abuse of an economically dependent, under-educated workforce',

D. alarmed by the chronic mercury contamination of the environment surrounding the Thor plant, in soil, water and wildlife, with water and sediment contamination readings in excess of 1000 times the WHO drinking water standard,

E. whereas, in August 1993, the Attorney-General of Natal charged Thor and three top management officials with culpable homicide and 42 other criminal charges, the charges later being dropped when Thor pleaded guilty to breaches of health and safety regulations and accepted responsibility for the deaths of two workers,

F. whereas Thor chemicals operated the first and only toxic waste incinerator in South Africa, which was shut down because of major problems,

1. Welcomes President Mandela's initiative to establish a judicial commission of inquiry into Thor Chemicals;

2. Calls on the Member States, particularly the governments of the United Kingdom, Italy and Spain, to take the initiative for the repatriation of the toxic wastes exported from their countries to Thor Chemicals in South Africa (namely: 470 metric tonnes from Thor Chemicals, UK, 57 metric tonnes from Ausimont, Italy, and about 10 metric tonnes from Gomensaro, Spain) and calls on the Commission to give maximum support to that end;

3. Calls on the Government of South Africa to consider the inclusion of Article 39 in the planned protocol of accession of South Africa to the Lomé Convention;

4. Calls on the Member States, the European Commission and the Government of South Africa to respect the September 1995 decision amending the Basle Convention and to encourage the Convening Parties of the Basle Convention to make the more restrictive EU hazardous waste list the basis for implementation;

5. Calls on the Commission and the Member States to explore all avenues for the technology transfers to South Africa required to enable the country to cope with its present toxic waste crisis;

6. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Government of South Africa and the Bamako and the Basle Convention secretariats.