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ISRI participated in a United Nations, Basel Convention negotiation in Konstanz, Germany.   The special meeting brought together the Small Intercessional Working Group (SIWG) to finalize the Technical Guidelines on the Transboundary Movement of Used and End-of-Life Electronics, also referred to as the “26(b)” debate.   At issue is how to restrict, or not, the exports of used electronics for reuse and repair as the Basel Convention text is unclear as to how to regulate such shipments.  

The negotiation focused on a set of draft restrictions for “non-waste” shipments of used electronics exported for repair, refurbishment and remanufacturing that included: (1) requiring countries to actively “Opt-In” to receive such shipments and requiring the Basel Secretariat to develop a global repository of participating facilities; (2) ensuring applicable hazardous substance restriction laws, like the RoHS directive, are met and prohibiting TV’s and Monitors made with cathode ray tubes; (3) downstream due diligence requirements; (4) valid contract requirements; (5) signed declarations for each shipment; (6) requiring repatriation of hazardous waste or residual waste to Annex 7 (developed countries) ; and, (7) packaging and shipping requirements.  

ISRI expressed legal concerns that “non-waste” shipments for reuse are outside of the Basel Convention and therefore any “restrictions” should be more in line with how used products are exported rather than hazardous waste.   The negotiators were unable to reach agreement on a number of provisions, particularly the repatriation of residual waste to Annex 7 countries.   Proponents claim this provision is necessary to protect the Basel Ban Amendment, which has still not been adopted by the Convention.  Opponents rightly point out that, legally, the Convention only applies once residual or hazardous waste is generated, not because it [residual and hazardous waste] might be generated at some point in the future.

The Basel Secretariat is preparing a report of the meeting that will be posted on the Basel website. An updated 26(b) draft that incorporates the discussions during the negotiation will be posted on the website for further comments by the SIWG by February 28, 2015.  Two teleconferences of the SIWG will be organized in February/March 2015 to further work on paragraph 26(b) and the remaining issues of the technical guidelines.  The next draft of the entire technical guidelines will be published by March 20, 2015 for COP 12 consideration.

For more information Contact Eric Harris.