Status of and legislation on the transboundary shipment of waste

The in-person segment of the Fifteenth Meeting of the Conference of the Parties to the Basel Convention (together with meetings for the Rotterdam and Stockholm Conventions) took place in Geneva in June 2022, following a virtual segment held in July 2021.

Several amendments to Annexes II, VIII and IX to the Convention were adopted, including the addition of a new entry, A1181, on hazardous electrical and electronic assemblies in Annex VIII, replacing the previous entry A1180; the addition of a new entry, Y49, on non-hazardous electrical and electronic assemblies in Annex II; and the deletion of entries B1110 (non-hazardous electrical and electronic assemblies) and B4030 (single-use cameras) in Annex IX. The amendments will take effect from 1 January 2025.

Three technical guidelines on the environmentally sound treatment of waste containing persistent organic pollutants (POPs waste) were adopted concerning two chemicals listed by the Ninth Meeting of the Conference of the Parties to the Stockholm Convention. The technical guidelines on mercury waste were adapted to new developments under the Minamata Convention. In addition, technical guidelines on waste incineration and landfilling were adopted which essentially reflect European standards.

A guidance document was adopted to ensure that wastes shipped under notification systems are treated in an environmentally sound manner.

The Fourteenth Meeting of the Conference of the Parties to the Basel Convention (together with meetings for the Rotterdam and Stockholm Conventions) took place in Geneva in April and May 2019. The decisions on plastic waste represented a milestone in the Convention’s thirty-year history.

The following amendments to Annexes II, VIII and IX to the Convention were adopted: the addition of a new entry, A3210, on hazardous plastic waste in Annex VIII; the addition of a new entry, Y48, on non-hazardous plastic waste not covered by new entry B3011 in Annex II; and the addition of a new entry, B3011, in Annex IX, replacing the previous entry B3010 and essentially concerning these types of freely tradable plastic wastes, which virtually lack impurities and are destined for recycling: plastic waste almost exclusively consisting of a single non-halogenated polymer and mixtures of waste consisting of polyethylene (PE), polypropylene (PP) and polyethylene terephthalate (PET). Wastes listed under A3210 or Y48 can only be exported upon approval of the authorities of the exporting and importing countries. Given that wastes listed under B3011 are in demand all over the world and have a market value, it is unlikely they will contribute to environmental pollution. The changes will take effect from 1 January 2021.

A decision was also issued calling on Contracting Parties to significantly strengthen domestic efforts to avoid plastic waste wherever possible and to treat such waste in an environmentally sound manner. In addition, a partnership on plastic waste between Contracting Parties and NGOs was launched. One of its aims is to carry out pilot projects in fields such as waste collection and recycling. These efforts also play a role in fighting marine litter.

In addition, improved guidelines on the distinction between electrical and electronic waste and used equipment were adopted, which will make it easier to combat illegal shipments worldwide.

Changes to four technical guidelines and a new technical guideline on the environmentally sound treatment of POPs waste were adopted concerning three chemicals which had been listed by the eighth Stockholm Conference of the Parties. Additional documents were adopted with a general focus on environmentally sound treatment of waste, including guidelines on producer responsibility and financing as well as guidance manuals on developing strategies for waste recovery and addressing environmentally sound treatment of waste in the informal sector.

The Thirteenth Meeting of the Conference of the Parties to the Basel Convention (together with meetings for the Rotterdam and Stockholm Conventions) took place in Geneva in April and May 2017. A series of practical manuals on environmentally sound waste management (on policy and legislation, permits, certification schemes and waste prevention) as well as fact sheets on important waste streams (electrical and electronic waste, waste vehicles, waste batteries, waste pneumatic tyres, waste oils, and medical waste) were adopted. A guidance document on developing waste prevention strategies was also adopted. Furthermore, a glossary of important terms for distinguishing between waste and non-waste was released. Changes to four technical guidelines as well as two new technical guidelines on POPs waste were adopted concerning three chemicals listed by the Stockholm Conference of the Parties. A guidance manual was adopted on the environmentally sound treatment of waste subject to the International Convention for the Prevention of Pollution from Ships (MARPOL) after its transfer to land. The Conference also adopted a guideline for handling illegally shipped waste. It was agreed to establish a partnership on the environmentally sound management of household waste with the goal of supporting municipalities.

The Twelfth Meeting of the Conference of the Parties to the Basel Convention (together with meetings for the Rotterdam and Stockholm Conventions) took place in Geneva in May 2015. The most important policy success of the conference was the adoption of technical guidelines on transboundary movements of electronic and electrical waste. Signficant parts of the guidelines are based on provisions of the European WEEE Directive on the reversal in the burden of proof and the distinction between waste and non-waste. Seven technical guidelines on wastes containing persistent organic pollutants (POPs) were adopted concerning eleven chemicals. These had been adopted by the Stockholm Meeting of the Parties. Updated technical guidelines on mercury wastes were adopted, whereby these were brought into line with requirements with the Minamata Convention on mercury. 

The Eleventh Meeting of the Conference of the Parties to the Basel Convention in took place in April / May 2013. At this time there were also meetings for the Rotterdam and Stockholm Conventions and closer cooperation between the three conventions was agreed. A framework for environmentally sound waste management and a guidance document on environmentally sound management of used and end of life computing equipment was adopted. It was also decided to incorporate two entries on the pre-treatment of composite packaging for liquids and self-adhesive label laminate waste in the list of wastes in Annex IX. This change was transposed into German law by the third ordinance on the amendment of annexes to the Basel Convention of 22 March 1989. The ordinance entered into force on 26 May 2014.

The Tenth Meeting of the Conference of the Parties to the Basel Convention in October 2011 saw, among other things, the adoption of an omnibus decision that set out a range of measures designed to improve the effectiveness of the Convention.

The central topic for the Ninth Meeting of the Conference of the Parties to the Basel Convention June 2008 was the relationship between waste management and health. The Bali Declaration on Waste Management for Human Health and Livelihood was adopted and a world forum was held on this subject.

The Eighth Meeting of the Conference of the Parties to the Basel Convention (November / December 2006) deliberated on the further development of the worldwide rules on waste disposal and exports. Globally harmonised notification and movement documents for transboundary movements of waste and instructions for their use were adopted. This decision led to the amendment of Annex IC of Regulation (EC) Number 1013/2006 on shipments of waste. A World Forum on E-Wastes was held and a ministerial declaration on e-wastes adopted. The Eighth Meeting of the Conference of the Parties also thoroughly examined the environmental disaster that took place in Ivory Coast in August 2006. 

The Seventh Meeting of the Conference of the Parties in October 2004 decided to add waste cables, which had not been included up until this point, to the lists of wastes in Annexes VIII and IX. This change was transposed into German law by the second ordinance on the amendment of annexes to the Basel Convention of 22 March 1989. The ordinance entered into force on 8 October 2005.

Amendments to the lists of wastes in Annexes VIII and IX were adopted at the Sixth Meeting of the Conference of the Parties to the Basel Convention in December 2002. These amendments served essentially to harmonise them with the lists of wastes annexed to the European Waste Shipment Regulation and the OECD, and were transposed into German law by the ordinance on the amendment of annexes to the Basel Convention of 22 March 1989. The ordinance entered into force on 20 November 2003.

The Basel Declaration on Environmentally Sound Management, which is intended to advance the establishment of environmentally sound production and disposal facilities, in particular in developing countries, was adopted at the Fifth Meeting of the Conference of the Parties in December 1999. Furthermore, the Conference adopted the Protocol on Liability and Compensation to the Basel Convention (Basel Protocol), which created a global liability regime in the environmental sector for the first time. However, it has not yet entered into force.

The Fourth Meeting of the Conference of the Parties in February 1998 decided to integrate these lists into the Basel Convention as Annexes VIII and IX. This change entered into force in November 1998 and established a basis on which consistent enforcement and a minimum degree of legal security can be guaranteed worldwide. The lists were incorporated into German law by the Act on Amendments to the Basel Convention; this legislation entered into force on 24 January 2002.

The Convention is intended, in particular, to protect states that do not possess the necessary technical capacities to deal with hazardous waste. This was why the Second and Third Meetings of the Conference of the Parties laid down restrictions on the export and import of wastes. The export of "hazardous wastes" from OECD states to any state outside the OECD is prohibited as a matter of principle. This new rule was introduced at the Third Meeting of the Conference of the Parties, but has still not been put into practice. A concrete list of hazardous wastes was drawn up – "List A" – in order to ensure that regulations that specify which wastes are to be classified as hazardous for the purposes of the Basel Convention are consistent all over the world. "List B" set out all wastes that are not regarded as hazardous for the purposes of the Convention.