Proposed Transboundary Movement Control of Electronic Wastes

NEA’s Summary of Responses to Feedback received from the Public Consultation on Proposed Transboundary Movement Control of E-Waste

         The National Environment Agency (NEA) has concluded its public consultation on the proposed controls on the transboundary movement of waste electrical and electronic equipment (WEEE) and its components, i.e. e-waste, arising from the adoption of the e-waste amendment at the 2022 Conference of the Parties to the Basel, Rotterdam, and Stockholm Convention. The 4-week public consultation was published on the REACH platform on 1 April and closed on 28 April 2024.

2         During this public consultation, NEA received 15 responses from companies in the information and communications technology (ICT) industry as well as e-waste recycling industry. Besides requesting for clarification on the definitions of WEEE, Used Electrical and Electronic Equipment (UEEE) and Basel Permit application procedures, respondents also offered suggestions to minimise disruption to business operations. NEA has prepared a summary of the responses received and NEA’s comments to the responses.

Summary of Responses

Definitions of Waste Electrical and Electronic Equipment (WEEE) and Used Electrical and Electronic Equipment (UEEE) and coverage under the Basel Convention 

(1) category Y49 will be included in Annex II, 
(2) category A1180 in Annex VIII will be replaced by A1181, and 
(3) categories B1110 and B4030 in Annex IX will be deleted.

For more information on the affected entries, please refer to the text of decision BC-15/18 adopted at the fifteenth meeting of the Conference of the Parties at: https://www.basel.int/TheConvention/ConferenceoftheParties/Meetings/COP15 

2. What is the definition of hazardous WEEE?

Hazardous WEEE are WEEE that contain Annex I constituents to an extent that the waste exhibits Annex III¹ characteristics. Hazardous WEEE will be categorised as A1181 when the amendments take effect. 

Other types of WEEE will be considered non-hazardous WEEE under category Y49 if they are not already covered under other categories in Annex IX. 

3. Are UEEE meant for reuse classified as electronic waste (i.e. WEEE)?

UEEE that are exported or imported for the purpose of reuse are generally not considered as electronic waste and the Prior informed Consent (PIC) procedure under the Basel Convention does not apply unless the importing or exporting country regards such UEEE as electronic waste under national legislation. Nevertheless, the transboundary movement of such UEEE must comply with prevailing requirements (e.g. proof of functionality that the UEEE is in good working condition prior to the shipment) of both the importing and exporting countries.  

If the importing country regards UEEE meant for reuse as electronic waste under its national legislation, the export of such UEEE to that importing country must comply with the PIC procedure and a Basel Permit from NEA is required prior to shipment. 

4. Are UEEE meant for fault analysis and/or repair classified as electronic waste?

UEEE that are exported or imported for the purpose of fault analysis and/or repair are generally not considered electronic waste. Hence, the transboundary movement of such UEEE need not comply with the PIC procedure under the Basel Convention, unless the importing or exporting country classifies UEEE as e-waste under national legislation. In such a case, the export of UEEE to the importing country must comply with the PIC procedure and a Basel Permit from NEA is required prior to shipment. 

Notwithstanding, NEA will request supporting documents (e.g. contractual agreements) as evidence that the UEEE is being shipped legitimately for fault analysis and/or repair. The circular on the latest controls on e-waste and UEEE will be published when ready.

5. Would NEA be adopting the technical guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, in particular the distinction between waste and non-waste under the Basel Convention?

Technical guidelines on UEEE and WEEE (Version: UNEP/CHW.16/INF/10/Rev.1) were adopted, on an interim basis, at the sixteenth meeting of the Conference of the Parties to the Basel Convention. NEA will adopt the same technical guidelines when the upcoming e-waste amendment comes into effect. The circular on the latest controls on e-waste and UEEE will be published when ready.

Basel Permit Application and Requirements

6. With the amendment coming into effect on 1 Jan 2025, when can companies start to apply for the Basel Permit based on the new requirements, considering the need for sufficient lead time?

Companies intending to import, export or facilitate the transit of WEEE can submit an application for a Basel Permit from Sep 2024 onwards so as to obtain Prior Informed Consent before the amendments take effect. Prior to the publication of the circular on the latest controls on e-waste and UEEE, companies can take reference from (i) NEA’s existing controls for e-waste and UEEE imports and exports² and (ii) the Basel Convention Technical Guidelines³, on the types of supporting documentations required.

7. Is a single permit application sufficient for both hazardous (A1181) and non-hazardous (Y49) WEEE?

Separate Basel permits and, hence, separate applications will be required for hazardous WEEE under category A1181 and non-hazardous WEEE under category Y49.

8. What is the procedure for exporting Printed Circuit Boards (PCB) and Electronic Parts (IC)?

From 1 Jan 2025 onwards, the transboundary movement of waste electronic parts and/or components (e.g. waste printed circuit boards) will fall under category Y49 (Annex II) or A1181 (Annex VIII), both of which will be controlled under the Basel Convention. 

If waste PCB boards are to be exported overseas for the purpose of recycling, a Basel export permit from NEA is required. Once the application with all relevant supporting documents is received, NEA will facilitate the Prior Informed Consent (PIC) procedure to obtain consent from the importing country before issuing a Basel export permit under the name of the exporting company. The Basel export permit is valid from 3 months or 1 year, depending on the frequency of the export. 

For more information on applying for a Basel permit, refer to NEA’s webpage at https://www.nea.gov.sg/corporate-functions/resources/legislation-international-law/multilateral-environmental-agreements/chemical-safety/basel-convention/application-for-basel-permit.

9. What is the approximate timeline obtaining obtain a Basel Permit from NEA?

The timeline for obtaining a Basel Permit depends on several factors, including whether documentation is complete (e.g. electronic guarantee, contractual agreements, proper notification form), and the time required for the importing country to consent to the proposed movement (if the goods are exported from Singapore). NEA typically takes about 1 week to issue a Basel permit, if the required documentation is complete and the overseas competent authority has granted its consent.

10. Should I submit an E-Tracking declaration for Y49 materials?

Since Y49 wastes are electronic wastes that do not contain any hazardous constituents, these wastes are not considered toxic industrial waste (TIW) by NEA. In this regard, companies need not declare the local movement of Y49 wastes on NEA’s Waste Resource Management System (also known as e-tracking) unless the waste is contaminated with hazardous constituents.

11. Singapore’s neighbours (e.g. Malaysia and Indonesia) have yet to initiate the new amendment movement on electrical waste under the Basel Convention. As such, what is the procedure to obtain PIC for companies in Singapore that wish to import electronic wastes (i.e. Y49 materials) from these neighbouring countries? 

The proposed e-waste amendments were adopted at the Conference of the Parties (COP) to the Basel Convention in Jun 2022. Hence, the amended entries (i.e. Annex II, VIII and IX) will be applicable to all Parties to the Basel Convention, unless a Party specifically opts out of the amendment. Hence, it is expected that Parties will be amending their own domestic legislation to stay in line with the obligations (i.e. the e-waste amendments) under the Basel Convention. This means the Prior Informed Consent (PIC) procedure will be applicable for any transboundary movement of e-waste between Parties once it is implemented. 

Since Singapore will be amending the Schedule of Hazardous Waste (Control of Export, Import and Transit) Act to subject all e-waste and its components to transboundary movement control, any import of e-waste into Singapore from 1 Jan 2025 onwards must comply with PIC procedures and a Basel permit from NEA is required prior to shipment.

12. Would NEA be following up closely on the latest development concerning the e-waste amendment (e.g. review of the technical guidelines)?

NEA is actively involved in the discussions and is following up closely on matters pertaining to the Basel Convention, such as through our participation at international working groups (e.g. Open-ended Working Group) as well as at the regional level (e.g. meetings with Competent Authorities within ASEAN).

3         NEA would like to thank all stakeholders who contributed to this public consultation. We deeply appreciate your support in our collective effort to facilitate the environmentally sound management of WEEE and UEEE. Your inputs and suggestions will be carefully reviewed as we develop the control measures in response to the e-waste amendments. We look forward to your active participation in future public consultations.

¹ Annex III of the Basel Convention contains a list of hazardous characteristics such as explosiveness, flammability, infectiousness, corrosiveness, toxicity and ecotoxicity. For a comprehensive list of hazardous characteristics, refer to the Basel Convention Texts and Annexes (2019)

Aim

The National Environment Agency (NEA) is seeking feedback on the proposed transboundary movement control of electronic wastes arising from the adoption of the e-waste amendment at the 2022 Conference of the Parties to the Basel, Rotterdam and Stockholm Conventions.

This consultation will last 4 weeks, from 1 Apr 2024 to 28 Apr 2024.

Background

2Singapore is a Party to the Basel Convention (BC) on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. One of the key objectives of the Convention is to minimise transboundary movements of hazardous wastes and other wastes subject to the Basel Convention, consistent with their environmentally sound management. NEA, as the Competent Authority to the BC, controls the transboundary movement of hazardous waste and other wastes as listed in the Convention to ensure compliance with international obligations.

Proposed Control on E-waste

3In a move to ensure environmentally sound management of all electronic wastes, the e-waste amendment was adopted at the 2022 Conference of the Parties to the Basel, Rotterdam and Stockholm Conventions. The adoption subjects all waste electrical and electronic equipment (WEEE) and its components, (i.e., e-waste¹), to transboundary movement control from 1 January 2025. 

4As a Party to the Basel Convention, Singapore will be required to make legislative amendments to the Schedule of the Hazardous Waste (Control of Export, Import and Transit) Act (“HWA”) to align with the Basel Convention text and annexes, such that all waste electrical and electronic equipment and its components are to be classified under Annex II (Other Wastes) or Annex VIII (Hazardous Wastes) of the Schedule.  With this amendment, from 1 January 2025, companies that import or export e-waste, or whose e-waste transits through Singapore will be required to carry out the Prior Informed Consent (PIC)² procedure specified under the Basel Convention.

5A summary of the e-waste amendment to the Basel Convention is provided below. More information on the specific texts of the amendments can be found under BC-15/18 to the Decisions at the 15th Conferences of Parties (COP.15) at https://www.basel.int/.

(i) Existing entry A1180 will be deleted and replaced by A1181 (Annex VIII)

(ii) Entry Y49 will be added to Annex II

(iii) Existing entries B1110 and B4030 from Annex IX will be deleted

7This proposal is released for the purpose of consultation. Comments received during the consultation exercise will be reviewed and may be taken into consideration in developing the final control measures. Parties wishing to provide feedback may do so via NEA_Basel@nea.gov.sg by 28 Apr 2024.

share your feedback

8To ensure that the consultation is productive and focused, respondents should provide the following information:

(i) Activities that your company performs which involve electronic wastes (e-wastes) and/or Used Electronic and Electrical Equipment (UEEE) such as recycling of e-waste,  repair/refurbishment of UEEE including data sanitisation, consolidation of UEEE for fault analysis, and/or reuse of UEEE; 

(ii) In the event your company is involved in any transboundary movement (i.e. import, export and/or transit) of e-waste or UEEE, please provide the following: -

a. Top 10 HS codes that are commonly used in the export/import/transit of your e-waste or UEEE;

b. Key trading countries;

c. Concerns relating to the Prior Informed Consent (PIC) process (i.e. costs, administrative burden, classification of e-wastes) and/or outcome of e-waste amendment (e.g. possible reduction in volume of imported e-waste meant for recycling); and

d. Any clarification or suggestions to be provided by NEA that could help your company in complying to the e-waste amendment;

9In addition, respondents are requested to adhere to the following guidelines when providing their feedback:

a. Identify yourself as well as the organisation you represent (if any) and provide your contact details (e.g. preferred email address etc) so that NEA may follow up with you to clarify on any issue where necessary.

b. Be clear and concise in your comments.

c. Focus your comments on the proposal and how it can be improved.

d. Substantiate your points with illustrations, examples, data or alternative suggestions.