Questions and answers related to the Basel Convention E-waste Amendments

1. What are the E-waste Amendments to the Basel Convention?

At its fifteenth meeting in 2022, the Conference of the Parties to the Basel Convention adopted amendments to Annexes II, VIII, and IX to the Basel Convention in its decision BC-15/18, which are known as the E-waste Amendments. The E-waste Amendments enlarge the scope of control over electrical and electronic waste (e-waste) by making all transboundary movements of e-waste subject to the Convention’s prior informed consent (PIC) procedure.

2. What are the changes to Annexes II, VIII and IX to the Convention (Decision BC-15/18)?

The following changes were made to Annexes II, VIII and IX to the Convention, with effect on 1 January 2025:

  • Annex VIII (wastes presumed to be hazardous and subject to the prior informed consent (PIC) procedure): replacement of entry A1180 with entry A1181 covering all hazardous e-waste, e-waste components, and wastes from the processing of e-waste and its components (e. g. fractions from shredding);
  • Annex II (wastes requiring special consideration and subject to the PIC procedure): addition of entry Y49 covering all other e-waste, waste components of electrical and electronic equipment, and wastes arising from the processing of e-waste or waste components of electrical and electronic equipment. (e. g. fractions from shredding);
  • Annex IX (wastes presumed not to be hazardous and not subject to the PIC procedure): deletion of the e-waste entries B1110 (e-waste) and B4030 (single-use cameras).

The changes to Annexes II, VIII and IX (as per decision BC-15/18):

Basel Convention annexes

Subject to the PIC procedure

New entry

Deletion of entry

Annex VIII

Yes

A1181

A1180

Annex II

Yes

Y49


Annex IX 

No


B1110

 


B4030

3. Where can I find the E-waste Amendments on the Basel Convention Website?

The E-waste Amendments can be found on the Basel Convention website in the Decision BC-15/18 on Amendments to Annexes II, VIII and IX to the Basel Convention:

Please click  here or

https://www.basel.int/TheConvention/ConferenceoftheParties/Meetings/COP15/tabid/8392/Default.aspx

The Secretariat also produces a consolidated publication of the Convention text, for information purposes, the latest version of which includes the text of the E-waste Amendments.

4. What is the date of entry into force of the E-waste Amendments?

The date of entry into force of the E-waste Amendments is 1 January 2025.

5. Do the E-waste Amendments bind all Parties to the Basel Convention?

The E-waste Amendments bind all Parties, except those that transmitted to the Depositary of the Convention by 1 January 2025 a notification of non-acceptance.

For more detailed information, please refer to the status of ratifications.


6. What is electrical and electronic waste?

Nowadays every facet of our lives is connected through digital means. Electronics impacted our communication, work, education, and entertainment. From smartphones to smart home devices and electric vehicles, electronic and electrical equipment offer instant communication, provide unlimited information and optimizing tasks. However, this rapid growth has a significant consequence: the increase of end-of-life electronics, or e-waste. The volume of e-waste has skyrocketed due to the fact that equipment becomes obsolete faster due to the constant innovation and the drive for more advanced, faster, and smaller gadgets is growing. According to UN Global E-waste Monitor 2020, 53.6 million metric tonnes of electronic waste was generated worldwide in 2019, up 21% in just 5 years.

The technical guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, particularly regarding the distinction between waste and non-waste under the Basel Convention, adopted by the Decision BC-16/5, give the following definitions of what is the equipment and what is e-waste (UNEP/CHW.16/INF/10/Rev.1 Appendix I): 

  • Equipment is electrical and electronic equipment that is dependent on electric currents or electromagnetic fields in order to work properly, including components that can be removed from equipment and can be tested for functionality and either be subsequently directly reused or reused after repair or refurbishment;
  • Waste electrical and electronic equipment is waste, including all components, sub-assemblies and consumables that are part of the equipment at the time the equipment becomes waste.

The guidelines focus on clarifying aspects related to transboundary movements of electrical and electronic waste and used equipment that may or may not be waste.

Parties define and evaluate the distinction between waste and non-waste in different manners when considering used equipment destined, e.g., for direct reuse or extended use by the original owner for the purpose for which it was conceived, or for failure analysis, repair and refurbishment. Certain Parties may consider used equipment destined for failure analysis, repair or refurbishment to be waste, while others may not  (UNEP/CHW.16/INF/10/Rev.1).

Used equipment is waste in a country if it is defined as or considered to be waste under the provisions of that country’s national legislation.

When a Party considers used electrical and electronic equipment to be electrical and electronic waste and has notified the other Parties through the Secretariat, both the States of export and import should comply with the obligations under the Basel Convention provisions, including those pertaining to the prior informed consent (PIC) procedure.

7. Is scrap considered e-waste according to the Basel Convention?

E-scrap is e-waste in a country if it is defined as or considered e-waste under the provisions of that country’s national legislation. E-scrap is also e-waste if it is subject to one or more of the disposal operations listed in Annex IV to the Basel Convention e.g. incineration on land, recycling/reclamation of metals and metal compounds.

8. What does entry A1181 refer to?

Entry A1181 in Annex VIII (also known as the “list A”) refers to hazardous e-waste and lists the following e-waste (note the related entry Y49 in Annex II):

  • Waste electrical and electronic equipment
    • containing or contaminated with cadmium, lead, mercury, organohalogen compounds or other Annex I constituents to an extent that the waste exhibits an Annex III characteristic, or
    • with a component containing or contaminated with Annex I constituents to an extent that the component exhibits an Annex III characteristic, including but not limited to any of the following components:
      • glass from cathode-ray tubes included on list A
      • a battery included on list A
      • a switch, lamp, fluorescent tube or a display device backlight which contains mercury
      • a capacitor containing PCBs
      • a component containing asbestos
      • certain circuit boards
      • certain display devices
      • certain plastic components containing a brominated flame retardant
  • Waste components of electrical and electronic equipment containing or contaminated with Annex I constituents to an extent that the waste components exhibit an Annex III characteristic, unless covered by another entry on list A.
  • Wastes arising from the processing of waste electrical and electronic equipment or waste components of electrical and electronic equipment and containing or contaminated with Annex I constituents to an extent that the waste exhibits an Annex III characteristic (e.g. fractions arising from shredding or dismantling), unless covered by another entry on list A .

9. What is an Annex III hazardous characteristic?

Annex III to the Basel Convention lists hazardous characteristics (H1 to H13) to determine the hazard properties of waste. Knowledge of specific hazards allows protective and safety measures specific to the type of hazard posed to be instituted and ensures that wastes transported across borders are safely managed.

Annex III should be regarded in conjunction with Article 1, paragraph 1(a), which defines hazardous wastes as “wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III”. “Hazardous” wastes are those wastes listed in Annex I to the Convention, as further elaborated in Annexes VIII and IX, and possessing any of the hazardous characteristics listed in Annex III to the Convention. This characteristics list includes wastes that are:

  • H1 explosive
  • H3 flammable liquids
  • H4.1 flammable solids
  • H4.2 substances or wastes liable to spontaneous combustion
  • H4.3 substances or wastes which, in contact with water emit flammable gases
  • H5.1 oxidizing
  • H5.2 organic peroxides
  • H6.1 poisonous
  • H6.2 infectious substances
  • H8 corrosives
  • H10 liberating toxic gases in contact with air or water
  • H11 toxic
  • H12 ecotoxic
  • H13 capable, by means capable, by any means, after disposal, of yielding another materiel, e.g., leachate, which possesses any characteristics listed above.

10. Are transboundary movements of wastes listed in entry A1181 subject to the PIC procedure under the Basel Convention?

Yes.

Any transboundary movement of wastes listed in Annex VIII is subject to the prior informed consent (PIC) procedure which entails the written notification from the State of export to the State of import and any States of transit, and requires the prior written consent from the State of import and, if appropriate, States of transit, before the transboundary movement of e-waste can be initiated.

11. What does entry Y49 refer to?

Entry Y49 in Annex II refers to e-waste requiring special consideration and lists the following e-waste (note the related entry A1181 in Annex VIII):

  • Waste electrical and electronic equipment
    • not containing and not contaminated with Annex I constituents to an extent that the waste exhibits an Annex III characteristic, and
    • in which none of the components (e.g. certain circuit boards, certain display devices) contain or are contaminated with Annex I constituents to an extent that the component exhibits an Annex III characteristic.
  • Waste components of electrical and electronic equipment (e.g. certain circuit boards, certain display devices) not containing and not contaminated with Annex I constituents to an extent that the waste components exhibit an Annex III characteristic, unless covered by another entry in Annex II or by an entry in Annex IX .
  • Wastes arising from the processing of waste electrical and electronic equipment or waste components of electrical and electronic equipment (e.g. fractions arising from shredding or dismantling), and not containing and not contaminated with Annex I constituents to an extent that the waste exhibits an Annex III characteristic, unless covered by another entry in Annex II or by an entry in Annex IX.

12. Are transboundary movements of wastes listed in entry Y49 subject to the PIC procedure under the Basel Convention?

Yes.

Any transboundary movement of wastes listed in Annex II is subject to the prior informed consent (PIC) procedure which entails written notification from the State of export and written consent from the State of import and, if appropriate, States of transit, before the transboundary movement of the e-waste can be initiated.

13. How do I know if e-waste is hazardous or requires special consideration?

All e-waste is covered by the Basel Convention, whether it is categorized as hazardous waste (A 1181) or as waste requiring special consideration (Y49).

Under the Convention, hazardous wastes are, more generally:

  1. wastes that belong to any category contained in Annex I (e.g. containing or contaminated with cadmium, lead, mercury, organohalogen compounds or other Annex I constituents) unless they do not possess any of the hazardous characteristics contained r Annex III; and
  2. wastes that are not covered under (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit.

The hazardous wastes listed in Annex I are further elaborated upon in Annex VIII to the Convention for instance in entry A1181 on electrical and electronic waste Accordingly, , when e-waste contains cadmium, lead, mercury, organohalogen compounds or other Annex I constituents to an extent that the waste exhibits an Annex III characteristic, it is classified as hazardous waste under the Basel Convention. As the classification of wastes is the prerogative of the Parties, it is important to communicate with the relevant competent authorities in order to determine whether e-wastes are considered hazardous wastes.Electrical and electronic waste that is not considered to be hazardous is covered by entry Y49 in Annex II, which lists categories of wastes requiring special consideration (also known as “other wastes”). Waste listed in Annex II is also subject to the prior informed consent procedure.

14. Can I export or import e-waste?

It depends on the national legislation and the Parties involved in a transboundary movement (please see also question 15 on the Ban Amendment).

Any transboundary movement of hazardous wastes or other wastes requiring special consideration falling in the scope of the Convention is subject to prior written notification from the State of export and prior written consent from the State of import and, if appropriate, States of transit (Article 6, paragraphs 1-4).

Parties can exercise the right to prohibit imports of hazardous or other wastes requiring special consideration for disposal and notify the other Parties through the Secretariat. Parties have an obligation to prohibit the export of hazardous wastes and other wastes requiring special consideration if the State of import prohibits the import of such waste (Article 4, paragraph 1 (b)).  Please consult the decisions to prohibit or restrict import or export of hazardous or other wastes here.


The Basel Convention also requires that information regarding any proposed transboundary movement of hazardous and other wastes requiring special consideration be provided to the Parties concerned using the accepted notification form (Article 4, paragraph 2 (f)) and that the approved shipment be accompanied by a movement document from the point at which the transboundary movement commences to the point of disposal (Article 4, paragraph 7 (c)).

Furthermore, hazardous waste and other wastes requiring special consideration subject to transboundary movements should be packaged, labelled and transported in conformity with international rules and standards (Article 4, paragraph 7 (b)).

No transboundary movements of hazardous wastes and other wastes requiring special consideration are permitted between a party and a non-party to the Convention (Article 4, paragraph 5) unless a bilateral, multilateral or regional arrangement exists, as required under Article 11 of the Convention.

The export and import control tool aims to assist Parties, States and stakeholders (generators, exporters, importers, disposers) in identifying whether the Basel Convention applies and what legal requirements should be considered before initiating a transboundary movement.

For further information on this tool, please click here.

15. Does the Ban Amendment apply to e-waste?

The Ban Amendment, which entered into force on 5 December 2019, provides that Parties listed in Annex VII to the Convention (members of the European Union (legal successor to the European Community), Organization for Economic Co-operation and Development (OECD), and Liechtenstein), are required to prohibit transboundary movements to States not listed in Annex VII of hazardous wastes which are destined for operations according to Annex IV.A and hazardous wastes under Article 1.1(a), destined for operations according to Annex IV.B.

The Ban Amendment, as outlined in Article 4A of the Convention, applies to “hazardous wastes” listed in Annex VIII (entry A1181). However, it is important to note that it does not apply to “other wastes” requiring special consideration listed in Annex II (entry Y49).

Following its entry into force on 5 December 2019, the Ban Amendment is binding on Parties to the Basel Convention that have expressed their consent to be bound by it. For the list of such Parties, see here.

16. What is the risk if I export or import e-waste without conforming to the PIC procedure?

The Basel Convention specifically defines what is considered illegal traffic (Article 9), and provides that, among other things, any transboundary movement of wastes or other wastes is deemed to be illegal traffic if:

  • it is carried out without notification pursuant to the provisions of the Basel Convention;
  •  it is carried out without consent in accordance with the Basel Convention.

In the case where a transboundary movement is found to constitute an illegal traffic as “the result of conduct on the part of the exporter or generator”, the Basel Convention requires that the State of export shall ensure that the waste in question are taken back by the exporter or generator or, if necessary, by itself into the State of export; or if this is impracticable, are otherwise disposed of in accordance with the provisions of the 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 the States concerned may agree.

If the illegal traffic is “the result of conduct on the part of the importer or disposer”, the State of import, within 30 days from the time the illegal traffic has come to its attention or such other period of time as the States concerned may agree, shall ensure that the waste in question are disposed of in an environmentally sound manner by the importer or disposer or, if necessary, by itself.

In cases where “the responsibility for the illegal traffic cannot be assigned”, the Basel Convention requires that the parties concerned or any other parties cooperate to ensure that the waste in question are disposed of as soon as possible in an environmentally sound manner.

For further details on illegal traffic of waste, please visit our webpage: https://www.basel.int/Implementation/LegalMatters/IllegalTraffic/Overview/tabid/3421/Default.aspx

17. What measures should Parties take to implement the E-waste Amendments?

Each Party bound by the E-waste Amendments needs to take the necessary measures to transpose the new entries into, and remove the old ones from, its national legal framework, as needed and depending on its national legal system. Such measures should be taken in a timely manner to ensure that, on 1 January 2025, each Party is in a position to implement the provisions of the Basel Convention with respect to the e-wastes listed in new entries A1181 in Annex VIII and Y49 in Annex II. This includes applying the Prior Informed Consent procedure in case of a transboundary movement of such waste and the Convention’s provisions regarding minimizing waste generation and ensuring its environmentally sound management.

Parties may also wish to inform all relevant stakeholders about the changes in the trade control regime of e-waste, including the importers and exporters, recycling and disposal facilities and if relevant carriers.

18. Do customs need to be aware of the E-waste Amendments?

Customs play a unique role in ensuring that wastes leave, enter, or go through the countries in line with applicable laws, rules and regulations. Parties may find it necessary to reach out to customs administrations to inform them about the changes to the trade control regime for e-wastes and discuss concrete actions to prepare for the enforcement of the E-waste Amendments (e. g., developing enforcement strategies, setting up inter-agency enforcement mechanisms or specifying e-waste matters in the existing ones, developing or adjusting the risk management).

The HS Code 85.49 for “Electrical and electronic waste”, commonly referred to as “e-waste”, was introduced in the seventh edition of the Harmonized System (HS 2022) nomenclature, which became effective from January 1, 2022. It applies to both hazardous and non-hazardous e-waste. The availability of the specific HS code supports customs in controlling movements related to e-waste.

There are some other HS codes which could be used in relation to e-waste:

  • Hazardous: 8548, Ex 8471, Ex 8473, Ex 8528, Ex 8529
  • Non-hazardous: 8548, Ex 85, Ex 7602, Ex 7802, Ex 7902, Ex 8002, Ex 7404, Ex 7503, Ex 7112

For additional information please refer to the technical guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, particularly regarding the distinction between waste and non-waste under the Basel Convention.

19. Whom should I contact with questions regarding the E-waste Amendments?

For questions related to national legal frameworks and specific transboundary movements, please contact the Focal Point to the Basel Convention:

Basel Convention > Countries > Country Contacts

If you have any questions regarding the E-waste Amendments, please contact the Secretariat brs@un.org.