Introduction
The National Environment Agency (NEA) is conducting a public consultation on the new domestic controls in view of the new requirements for the transboundary movement of plastic wastes under the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (“Basel Convention”). The consultation exercise will start on 25 Nov 2019 and end on 15 Dec 2019.
Background
2 As a Party to the Basel Convention, Singapore implements the Prior Informed Consent (PIC) procedure for transboundary movement (i.e. import, export and transit) of hazardous wastes and other wastes controlled under the Convention. The transboundary movement will only take place after all Parties involved in the movement (i.e. States of Import, Export and Transit) have provided their consent. Please refer to Annex A for the definition of hazardous wastes under the Basel Convention.
3 Currently, solid plastic wastes are classified as non-hazardous wastes unless they contain hazardous constituents; and they are listed in Annex IX (code B3010) of the Basel Convention. The wastes in Annex IX are not subjected to transboundary movement control under the Basel Convention (i.e. no PIC procedure is required).
4 The full text and Annexes of the Basel Convention can be found on the Basel Convention website at www.basel.int/Portals/4/Basel%20Convention/docs/text/BaselConventionText-e.pdf.
New Control Measures for Plastic Wastes under the Basel Convention
5 At the 14th Conference of the Parties to the Basel Convention (COP-14) held from 29 April to 10 May 2019, Parties adopted the decision to subject the transboundary movement of certain plastic wastes streams to the PIC procedure.
New Domestic Control Measures for Plastic Wastes
6 Under the Hazardous Waste (Control of Import, Export or Transit) Act, companies importing, exporting or transiting hazardous waste or other wastes controlled by the Basel Convention, are required to apply for a Basel Permit from NEA (Pollution Control Department, PCD). The application will require the company to submit the necessary supporting documents and obtain a Banker’s Guarantee. Details on the application for a Basel import/export/transit permit can be found on the NEA website at: https://www.nea.gov.sg/corporate-functions/resources/legislation-international-law/multilateral-environmental-agreements/chemical-safety/basel-convention/application-for-basel-permit
7 Thus, companies will be required to obtain a Basel permit for the import, export or transit of plastic wastes listed in Annex II and Annex VIII of the Basel Convention. The control measure will tentatively come into effect on 1 Oct 2020 to prepare companies for compliance with Basel Convention obligation on the transboundary movement for plastic wastes.
Feedback on the New Domestic Control Measures
8 Feedback or comments on the new domestic control measures in view of the new requirements for the transboundary movement of plastic waste under Basel Convention can be submitted to the following officers by 15 Dec 2019. The information provided in this exercise will be kept strictly confidential, solely for NEA’s internal use.
9 To ensure that the consultation is productive and focused, respondents are requested to observe the following guidelines when providing their feedback:
a) Identify yourself as well as the organization you represent (if any) so that we may follow up with you to clarify any issues, if necessary.
b) Be clear and concise in your comments.
c) Focus your comments on the proposal and how it can be improved.
d) As far as possible, substantiate your points with illustrations, examples, data or alternative suggestions.
2 Recycling/reclamation of organic substances which are not used as solvents (R3 in Annex IV B) or if needed, temporary storage limited to one operation provided that it is followed by operation R3, and evidenced by contractual or relevant official documentation.
3 In this respect, international and national specifications may offer a point of reference.
4 Recycling/reclamation of organic substances which are not used as solvents (R3 in Annex IV B) or if needed, temporary storage limited to one operation provided that it is followed by operation R3, and evidenced by contractual or relevant official documentation.
5 In this respect, international and national specifications may offer a point of reference.
6 In this respect, international and national specifications may offer a point of reference.
7 Post-consumer wastes are excluded from this entry.
8 Recycling/reclamation of organic substances which are not used as solvents (R3 in Annex IV B) or if needed, temporary storage limited to one operation provided that it is followed by operation R3, and evidenced by contractual or relevant official documentation.
9 In this respect, international and national specifications may offer a point of reference.
Annex A
Scope of Hazardous Wastes under the Basel Convention
With reference to Article 1 of the Basel Convention, the following wastes are regarded as “hazardous wastes” and are subject to transboundary movement control under the Basel Convention:
a) Wastes that belong to any category contained in Annex I, unless they do not possess any of the characteristics contained in Annex III;
b) Wastes that are not covered under paragraph (a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of the Party of export, import or transit.
2 In addition to hazardous waste, wastes that belong to any category contained in Annex II are controlled in the same manner as hazardous waste and subject to transboundary movement control.