UNITED

NATIONS BC
UNEP/CHW.14/INF/14
Distr.: General
8 April 2019
English only

Conference of the Parties to the Basel Convention

on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal
Fourteenth meeting
Geneva, 29 April–10 May 2019
Item 4 (b) (ii) of the provisional agenda
Matters related to the implementation of the
Convention: scientific and technical matters:
classification and hazard characterization of wastes

Report on the status of the work of the World Customs

Organization on the Harmonized Commodity Description and
Coding System on proposals related to the Basel Convention
Note by the Secretariat
As is mentioned in the note by the Secretariat on cooperation with the World Customs
Organization on the Harmonized Commodity Description and Coding System (UNEP/CHW.14/8), a
report on the progress in the work of the Harmonized System Committee and the Harmonized System
Review Subcommittee regarding the classification of types of wastes listed under the Basel
Convention, in particular electrical and electronic waste, is set out in annex I to the present note.
Annex II sets out the revised list of types of wastes submitted by Parties in response to decision
BC-10/10, as well as information received from Parties on the types of wastes in the revised list for
which it would be useful to propose to the World Customs Organization to introduce codes in the
Harmonized System. The present note, including its annexes, has not been formally edited.


UNEP/CHW.14/1.

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Annex I

Report on the progress in the work of the World Customs

Organization on the Harmonized System related to the Basel
Convention

I. Introduction
1. At its 48th session, held in April 2015, the Harmonized System Review Subcommittee (RSC)
agreed to focus its discussions on how to amend Section XVI of the Harmonized Commodity
Description and Coding System (hereinafter Harmonized System or HS) to allow for the classification
of electrical and electronic waste. Progress in the work of the RSC undertaken up to its 51 st session,
held in December 2016, is described in the report on the status of work of the World Customs
Organization on the Harmonized System related to the Basel Convention (UNEP/CHW.13/INF/19).
Progress in the work of the RSC undertaken during its 52nd, 53rd and 54th sessions held in May 2017,
December 2017 and June 2018, respectively, is described in document
UNEP/CHW/OEWG.11/INF/34.
2. At its 54th session, in considering the draft amendments to the HS in respect of certain
categories of waste, the RSC could not reach consensus on the content of paragraph (B) to new Note 6
to Section XVI1 regarding whether mixed consignments of electrical and electronic waste and scrap
and other wastes should be classified in heading 85.49 where it is not possible to determine whether
the electrical and electronic waste and scrap predominates over the other or the consignment contains
hazardous waste. The RSC agreed to submit the parts in square brackets for examination by the
Harmonized System Committee (HSC) at its 62nd session held in September 2018. Following further
discussion of the draft amendments during its 55th session, held in November 2018, the RSC reached
agreement on a text of the amendments and forwarded them to the HSC for decision-making at its 63rd
session. A summary of the deliberations of the sessions of the HSC and RSC held between September
2018 and March 2019 is presented in the following sections, in chronological order. Sections and
Chapters refer to the sections and chapters of the HS.
A. HSC, 62nd session, September 2018.
3. Several delegates indicated that they did not support the text of the proposed new Note 6 (B) to
Section XVI on the grounds that the scope needed to be more clearly defined, in particular, with regard
to the criteria for determining whether electrical and electronic waste predominates in a shipment and
the definition of hazardous waste. A delegate suggested that more precise definitions could be
included in the Explanatory Notes. The HSC decided to send the issue back to the RSC and requested
delegates to consult with their administrations about their position regarding mixed consignments so as
to facilitate the drafting of new Note 6 (B) to Section XVI.
B. RSC, 55th session, November 2018.
4. Key elements of the deliberations:
(a) Regarding the text of proposed new Note 6 (B) to Section XVI, some delegates
reiterated the concerns expressed by delegates during the 62nd session of the HSC regarding the lack of
clarity with regard to the criteria for determining whether electrical and electronic waste predominates
in a shipment and the definition of hazardous waste. The necessity of specifying that other waste and
scrap included metal waste and scrap was also questioned. After discussion, the RSC agreed to stop
the text of new Note 6 (B) after “heading 85.49” and delete “including metal waste and scrap”;
(b) Regarding the classification of waste batteries and accumulators under new subheading
8549.1 (waste and scrap of primary cells, primary batteries and electric accumulators; spent primary
cells, spent primary batteries and spent electric accumulators), a delegate suggested creating a new
subheading to provide for unsorted batteries, and not containing lead, cadmium or mercury. The RSC
agreed by consensus.

1 Mixed consignments of “electrical and electronic waste and scrap” and other waste and scrap [(including metal
waste and scrap)] are to be classified in heading 85.49 [where it is not possible to determine whether the electrical
and electronic waste and scrap predominates over the other or the consignment contains hazardous waste.] [where
electrical and electronic waste and scrap predominates, or it is not possible to determine which predominates over
the other, or the consignment contains hazardous waste.]

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5. The text of the amendments to the HS in respect to certain categories of waste, as agreed to by
the RSC, is set out in appendix I to this annex. These amendments were forwarded to the HSC for
decision-making at its 63rd session.
C. HSC, 63rd session, March 2018.
6. The HSC considered and provisionally adopted the amendments in respect of certain
categories of waste that had been approved by the RSC at its 55 th session.

II. Summary and conclusions

7. At its 63rd session, the HSC provisionally adopted amendments to the HS to provide for the
identification of electrical and electronic waste in the HS nomenclature. These amendments will be
considered by the WCO Council for adoption at its next meeting in June 2019. If adopted by the
Council and barring reservations by a Contracting Party to the HS within six months of their adoption,
these amendments will be included in the 2022 edition of the HS and enter into force on 1 January
2022.
8. If the amendments are adopted by the WCO Council, the RSC will proceed with the
preparation of Explanatory Notes2 to clarify their scope. The Explanatory Notes do not form an
integral part of the Harmonized System Convention. However, as approved by the WCO Council,
they constitute the official interpretation of the Harmonized System at the international level and are
an indispensable complement to the System. The text of draft Explanatory Notes for the headings in
Chapter XVI of the HS pertaining to electrical and electronic waste and scrap, that had been
considered by the RSC at its 50th session and would be subject to further examination by the RSC, is
reproduced in appendix II to this annex, for information.

2
http://www.wcoomd.org/en/topics/nomenclature/instrument-and-tools/tools-to-assist-with-the-classification-in-
the-hs/explanatory-notes.aspx.

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Appendix I

Amendments to the Harmonized System in respect to electrical and

electronic waste and scrap,1 as provisionally adopted by the
Harmonized System Committee at its 63rd session

1
Excerpt from the report of the 55th session of the Harmonized System Review Subcommittee.

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Appendix II

Draft amendment to the Explanatory Notes for headings in Section

XVI of the HS pertaining to electronic and electrical waste and
scrap1

1
Excerpt from the report of the 50th session of the Harmonized System Review Subcommittee.

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Annex II

Types of wastes to be proposed to the World Customs Organization

for inclusion in the Harmonized Commodity Description and Coding
System
1. In considering the breadth and complexity of the proposal by the Secretariat for amending the
Harmonized System in respect of certain categories of waste (UNEP/CHW.13/INF/19, annex IV) that
had been prepared on the basis of information on the types of wastes submitted by Parties pursuant to
decision BC-10/10 (UNEP/CHW.11/9, annex), the RSC had invited the Secretariat of the Basel
Convention to prioritize the types of wastes for inclusion in the HS in order to facilitate its work.
2. Pursuant to decision OEWG-11/14, the Secretariat revised the list of types of submitted by
Parties in response to decision BC-10/10, taking into account the progress made by the HSC and RSC,
and invited Parties to inform it of the types of wastes in the revised list for which it would be useful to
propose to the WCO to introduce codes in the HS, ranked in order of priority. The revised list of types
of wastes is set out in appendix I to this annex.
3. Information on the types of wastes for which it would be useful to propose to the World
Customs Organization to introduce codes in the Harmonized System has been received from the
following Parties: Canada, the European Union and its Member States, Mexico and New Zealand. The
information received is available on the website of the Basel Convention1 and is compiled in appendix
II to this annex.
4. The proposal by the Secretariat for amending the Harmonized System that had been prepared
on the basis of information on the types of wastes submitted by Parties pursuant to decision BC-10/10
(UNEP/CHW.13/INF/19, annex IV) contains a preliminary analysis of how these types of wastes are
identified in the 2017 edition of the HS.

http://www.basel.int/TheConvention/OpenendedWorkingGroup(OEWG)/FollowuptoOEWG11/tabid/7816/Defaul
t.aspx.

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Appendix I

Revised list of types of wastes submitted by Parties in response to

decision BC10/10
The codes below are waste codes as found in Annexes VIII and IX of the Basel Convention:
1. A1010, A1020, A1030, A1040 – Metal wastes/compounds
2. A1160 – Waste lead-acid batteries, whole or crushed*
3. A3020 – Waste mineral oils unfit for their originally intended use
4. A3090 – Waste leather dust, ash, sludges and flours when containing hexavalent chromium
compounds or biocides
5. A3100 – Waste paring and other waste of leather
6. A3110 – Fellmongery wastes containing hexavalent chromium compounds or biocides
7. A3180 – Wastes, substances and articles containing, consisting of or contaminated with PCB,
PCT, PCN or PBB or any other polybrominated analogues of these compounds
8. A4030 – Wastes from production, formulation and use of biocides and phytopharmaceuticals,
including waste pesticides
9. A4130 – Waste packages and containers containing Annex I substances
10. B1110 and A1180 – Electrical and electronic assemblies*
11. B1250 – Waste end-of-life motor vehicles, containing neither liquids nor other hazardous
components
12. B3140 – Waste pneumatic tyres.

* Proposed amendments to the Harmonized Commodity Description and Coding System to allow for
the classification of these types of wastes are currently under consideration by the World Customs
Organization.

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Appendix II

Compilation of information received from Parties regarding the

types of wastes for which it would be useful to propose to the World
Customs Organization to introduce codes in the Harmonized System
Contents

Canada .................................................................................................................................................. 12
European Union and its Member States................................................................................................ 13
Mexico .................................................................................................................................................. 15
New Zealand ......................................................................................................................................... 16

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Canada

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European Union and its Member States

Response by EU and its Member States

on paragraph 4 of decision UNEP/CHW/OEWG.11/CRP.9

The EU and its Member States would like to thank the Secretariat for revising the list of types of
wastes submitted by Parties in response to decision BC-10/10, taking into account the progress
made by the Harmonized System Committee and its Harmonized System Review Subcommittee
(HSRS).

In terms or importance, the EU and its Member States consider that waste electrical and
electronic equipment (e-waste), waste end-of-life vehicles and waste pneumatic tyres are three
of the waste streams to be considered by HSRS as high priority.

It is particularly appreciated that the World Customs Organisation has been considering
proposed amendments to the Harmonized Commodity Description and Coding System to allow
for the classification of waste lead-acid batteries. Contrary to the ongoing consideration by HSRS
however, it is important to ensure that the classification of waste lead-acid batteries does not fall
as a sub-heading of waste electrical and electronic equipment. Given that waste batteries are not
regarded as e-waste, the headings of waste batteries and e-waste must remain distinct.

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Mexico

OEWG-11/14 Cooperación con la Organización Mundial de Aduanas para el Sistema

Armonizado de Designación y Codificación de Mercancías

Se considera importante utilizar los cuestionarios nacionales para obtener información

actualizada y veraz sobre los movimientos transfronterizos de importación y exportación para los
15 residuos listados en los Anexos VIII y IX que se propone incluir en el Sistema Armonizado de
Designación y Codificación de Mercancías de la OMA, a fin de aprovechar este mecanismo y
simplificar el acceso a datos relevantes.

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New Zealand

Invitation related to decision OEWG-11/14 on cooperation with the World Customs Organisation on the
Harmonized Commodity Description and Coding System

Parties are invited to submit comments on the list of types of wastes submitted by parties.

New Zealand considers that of the 12 types of wastes on the revised list, the following would be the most useful to
request the World Customs Organization to introduce in the Harmonized Commodity Description and Coding System,
ranked in order of priority:

1. B1110, A1108
2. A1160
3. A3020
4. A4030
5. A3180
6. A1010, A1020, A1030, A1040
7. A4130
8. B3140

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