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HomeMy WebLinkAbout2021-05-26 EMC - Basel Convention-Brochure-PlasticWasteAmendFAQs-2021.English Plastic Waste Amendments to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal for recycling in an environmentally sound manner and almost free from contaminatfon and other types of wastes. For the entfre text of the new entries, see decision BC-14/12. The new entries will be effectfve as of 1 January 2021. Prior to 1 January 2021, plastfc waste falls under the scope of the Basel Conventfon provided they are classified as either: • “Hazardous wastes”, namely (a) wastes that belong to any category contained in Annex I (e.g. plastfc wastes containing lead or halogenated organic compounds), unless they do not possess any of the characteristfcs (e.g. ecotoxic) contained in Annex III; and (b) wastes that are not covered under (a) but are defined as, or are considered to be, hazardous wastes by the domestfc legislatfon of the Party of export, import or transit; or • “Other wastes”, which include wastes collected from households or residues arising from the incineratfon of household wastes. As of 1 January 2021, the new plastfc waste entries clarify the scope of control under the Basel Conventfon for other types of plastfc waste and mixtures of plastfc waste and the specific conditfons under which plastfc waste is subject to the PIC procedure. All plastfc waste and mixtures of plastfc wastes with the exceptfon of waste covered by entry B3011 (see below) will be subject to the PIC procedure. This includes: 3. Which plastic wastes are currently subject to control under the Basel Convention, i.e. before the entries become effective? The amendments refer to changes to the scope of the plastfc wastes covered by the Basel Conventfon, as decided in May 2019 that will have a significant impact on the rules governing the movement of plastfc waste across internatfonal boundaries. The changes to the Basel Conventfon were adopted by its governing body, the Conference of the Partfes (COP) in its decision BC-14/12. Through three amendments to the annexes to the Conventfon, this decision specifies the new categories of plastfc waste that will be subject to the Conventfon’s: • control procedure for transboundary movements (Prior informed Consent (PIC) procedure) and the conditfons under which this procedure applies or not; • provisions pertaining to waste minimizatfon; • provisions pertaining to the environmentally sound management of wastes. The amendments as such do not imply a ban on the import, transit or export of plastfc waste but rather a clarificatfon of when and how the Conventfon applies to such waste. Through decision BC-14/12, the COP approved the following changes to three annexes to the Conventfon: • Annex II (waste that requires special consideratfon: subject to the PIC procedure): additfon of new entry Y48 covering all plastfc waste, including mixtures of plastfc waste, except for the plastfc waste covered by entries A3210 (in Annex VIII) and B3011 (in Annex IX); • Annex VIII (waste presumed to be hazardous: subject to the PIC procedure): additfon of new entry A3210 covering hazardous plastfc waste; • Annex IX (waste presumed to not be hazardous: not subject to the PIC procedure): additfon of new entry B3011, replacing current entry B3010 after a specific date, covering plastfc waste consistfng exclusively of one non-halogenated polymer or resin, selected fluorinated polymers or mixtures of polyethylene, polypropylene and/or polyethylene terephthalate, provided the waste is destfned 1. What are the plastic waste amendments to the Basel Convention? 2. When do the new entries become effective? 4. Which plastic wastes will be subject to the PIC procedure once the new entries become effective? Secretariat of the Basel, Rotterdam and Stockholm Conventions 11-13, Chemin des Anémones 1219 Châtelaine, Switzerland Tel: +41 22 917 8271 Email: brs@brsmeas.org Website: www.basel.int • Plastfc waste classified as hazardous waste: new entry A3210 reads “Plastfc waste, including mixtures of such waste, containing or contaminated with Annex I constftuents, to an extent that it exhibits an Annex III characteristfc (note the related entries Y48 in Annex II and on list B B3011).”. Examples of hazardous constftuents that may be found in plastfc waste due to their use as additfves in various applicatfons are lead compounds (used as heat or light stabilisers) and organohalogen compounds (e.g. halogenated organic compounds used as flame retardants); • Plastfc waste requiring special consideratfon: new entry Y48 covers plastfc waste, including mixtures of such wastes except for those falling under entries A3210 or B3011. An example of a plastfc waste covered by Y48 is waste polyvinyl chloride. As specified in entry B3011, the following plastfc waste will not be subject to the PIC procedure, provided it is destfned for recycling in an environmentally sound manner and almost free from contaminatfon and other types of wastes: • Plastfc waste almost exclusively consistfng of one non-halogenated polymer. Such polymers include commonly used ones like polyethylene, polypropelene and polyethelene terephthalate (PET). • Plastfc waste almost exclusively consistfng of one cured resin or condensatfon product. Such resins include urea formaldehyde resins and epoxy resins. • Plastfc waste almost exclusively consistfng of one of the following fluorinated polymers: • Perfluoroethylene/propylene (FEP) • Perfluoroalkoxy alkanes: • Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA) • Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA) • Polyvinylfluoride (PVF) • Polyvinylidenefluoride (PVDF) The following mixtures of plastfc waste will also not be subject to the PIC procedure: • Mixtures of plastfc waste, consistfng of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate (PET), provided they are destfned for separate recycling of each material and in an environmentally sound manner, and almost free from contaminatfon and other types of wastes. Footnotes to entries B3011 and Y48 clarify that in the case of recycling of plastfc waste almost exclusively consistfng of one non-halogenated, one cured resin or the fluorinated polymers covered by entry B3011, recycling refers to recycling/reclamatfon of organic substances that are not used as solvents (operatfon R3 in Annex IV, sectfon B, to the Basel Conventfon) or if needed, temporary storage limited to one instance, provided that it is followed by recycling and evidenced by contractual or relevant official documentatfon. In the case of mixtures of plastfc waste covered by entry B3011, sortfng is to be undertaken prior to recycling. The technical guidelines on the identfficatfon and environmentally sound management of plastfc wastes and for their disposal provide guidance on what is considered as environmentally sound recycling of plastfc waste. A version of the guidelines that was adopted by the Conference of the Partfes in 2002 is currently being revised by a working group under the Basel Conventfon to facilitate implementatfon of the amendments on plastfc waste. Further informatfon on the guidelines and its revision can be found here. The amendments and their new entries will bind all Partfes except those that declare they are unable to accept them by notffying the Depository in writfng by 24 March 2020 (i.e. within six months from 24 September 2019, the date on which the adoptfon of the amendments were communicated to Partfes by the Depositary). See also the status of ratfficatfons for more details. It will be up to each Party to take the necessary measures to transpose the new entries into natfonal law, as needed and depending on its legal system. Such measures should be taken in a tfmely manner to ensure that, on 1 January 2021, each Party is in a positfon to implement the provisions of the Basel Conventfon with respect to the plastfc wastes listed in entries A3210 and Y48. This includes applying the Prior Informed Consent procedure in case of a transboundary movement of such wastes, but also applying the Conventfon’s provisions with respect to minimizing waste generatfon and ensuring their environmentally sound management. To assist Partfes with these new undertakings, the Conference of the Partfes has decided on a range of additfonal steps to ensure that, once the entries become effectfve, the world is ready to overcome the plastfc waste challenge. To start with, the Plastic Waste Partnership was established to provide a global platiorm to bring together countries from all over the world, working hand in hand with stakeholders from civil society and the business community to promote the environmentally sound management of plastfc waste and prevent and minimize its generatfon. For more informatfon on the partnership, please see here. Additfonal guidance on how to ensure, more generally, the environmentally sound management of waste as well as waste preventfon and minimizatfon is available in the ESM toolkit. Equally important is the launch of additfonal technical and legal work: • on how to develop an inventory of plastfc wastes; • on the updatfng of the technical guidelines on the identfficatfon and environmentally sound management of plastfc wastes and for their disposal • to consider whether any additfonal constftuents or characteristfcs in relatfon to plastfc waste should be added to Annexes I or III, respectfvely, to the Conventfon. The Stockholm Conventfon prohibits or restricts the productfon and use of some of the most hazardous chemicals known as persistent organic pollutants (POPs) and requires the environmentally sound management of waste consistfng of or containing POPs. Some of these chemicals, e.g. polybrominated diphenyl ethers, have been added to plastfcs to confer specific propertfes such as flame retardancy. The sound management of plastfc waste containing POPs is important to reduce potentfal human and environmental exposure to these chemicals which occur for example from uncontrolled burning of plastfc waste and leaching from microplastfcs into the marine environment. By preventfng the use of POPs in plastfc and the recycling of POPs, the Stockholm Conventfon facilitates the environmentally sound management of plastfc waste. This provides opportunitfes to address the problem at different stages of the life cycle. 5. Which plastic wastes will not be subject to the PIC procedure once the entries become effective? 6. What is meant by “environmentally sound recycling”? 8. What measures should Parties take once the entries become effective? 7. Will the new entries bind all Parties to the Basel Convention? 9. How can the Stockholm Convention support these efforts?