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Managing Used and End-of-Life

Products: Reverse Logistics, the Basel

Convention and National Take-Back
Paul E. Hagen
Beveridge & Diamond, P.C.

International Environmental Lawyers Network Conference
April 19, 2013
Washington, DC
Expanding Regulation Throughout
Product Life-Cycle
Material Restrictions,
Energy Efficiency, Safety
Standards, Chemical
Notifications, REACH
Raw Materials

and Design
Market Access
Collection, Reuse,
Material (RoHS)
Restrictions, Energy
Dangerous Goods
Rules, Packaging,
EPR Laws, Export Bans,
Movement of Used / EOL
Distribution /

United States, Canada, Argentina

EU Member States: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Other Jurisdictions: Australia, Bhutan, Brazil, China, Colombia, Costa Rica, Croatia, Ecuador, Iceland, India, Japan, Korea, Liechtenstein, Mexico, Nigeria, Norway, Peru, Puerto
Rico, Serbia, Switzerland, Venezuela

Bolivia, Chile, El Salvador, Thailand, Turkey, Uruguay, Vietnam

EPR Map for Electronics
Common Compliance Challenges

Waste classification
Hazardous waste determinations
Management plan approval & licensing
Evolving collection, transportation, storage,
recycling and disposal mandates
Facility permitting
Legal controls on exports for recycling, disposal
and increasingly for repair, refurbishment and
Dangerous goods classifications
Evolving International Waste
Shipment Regimes
The Basel Convention (global)
OECD Council Decision C(2001)107/Final
OECD Expansion (e.g., Chile, Israel)
Other Article 11 Agreements
U.S. Bilaterals
Waigani Convention (South Pacific)
EU Waste Shipments Regulation (EC No.
1013/2006) effective July 1, 2007

Basel Convention Parties
The Basel Convention
Presently, 177 countries and the EU are party to the
Convention (but not U.S.)
Each ratifying/acceding country expected to have
implementing legislation
Establishes global prior notice and consent system
governing waste shipped for final disposal or for materials
destined for recovery/recycling
Provides framework for waste definition and hazardous waste
classifications with implications for international shipments
and domestic management
Trade bans

Exports of Used and EOL Products
Basel Convention parties moving to
classify many types of e-waste and other
EOL products as hazardous wastes.
Proposals to classify used equipment
intended for reuse as waste unless
tested and fully functional (narrow
E-waste technical guidelines may be
adopted at COP-11(Geneva).
Expect new trade bans and compliance
costs for managing used and end-of-life
electrical and electronic equipment
Why Does Basel Matter?
If Used/EOL products classified as hazardous waste
Stringent cross-border controls
ESM requirements and determinations by governments
Numerous national import bans based on Basel classifications
Cost and logistics implications for domestic take-back programs
European Community export ban and Basel Ban Amendment
Party to non-Party trade ban (U.S.)
Business uncertainty and disruption risk
Reputational risk

Whats at Risk?
High risk of new regulatory controls and trade bans
impacting shipments related to:
Non-warranty repairs
Off-lease equipment
Service arrangements
Refurbishment operations
Product recalls
Intra-company equipment transfers
Less risk for warranty returns
Expanding regulation of e-waste shipments for
recycling world-wide

EU WEEE Recast
European Union Directive on waste electrical and electronic
equipment (WEEE) recast, OJ L 197/38, 24.7.2012
Comes into effect February 14, 2014 brief timeline
New and more ambitious collection and recycling targets
New precedent for controlling non-functioning equipment destined
for repair-reuse as waste
Limited derogations for warranty returns and professional use
Watching for EU FAQs and national guidance on implementation
EU WEEE Recast
Holder claiming shipment of used EEE is not WEEE must
substantiate claim:
Copy of invoice and contract stating equipment is destined for
direct re-use and is fully functional
Evidence of evaluation or testing on every item in the
Declaration by holder that none of the equipment is waste
Appropriate protection against damage during transportation
(packaging, stacking)
WEEE subject to information and control requirements of the
Waste Shipments Regulation, EC Regulation No. 1013/2006, L
190/1, 12.7.2006

INTERPOL Operation Enigma
March 2013

First INTERPOL operation targeting the illegal trade of
electronic waste in Nov Dec 2012
Seizure of more than 240 tonnes of electronic equipment and
electrical goods
Launch of criminal investigations against some 40 companies
involved in the shipments
Participation of police, customs, port authorities and
environmental and maritime law enforcement agencies in
seven European and African countries.

Outlook for 2013
Basel COP-11 (Geneva May 2013)
Adoption of E-waste Technical Guidelines?
EU WEEE Recast implementation
Watch for FAQs
Numerous take-back laws will become effective
U.S. legislation to be reintroduced banning e-waste
exports to developing countries
Increased enforcement around exports world-wide