“the EU WEEE recast applies an exception for transboundary movement of used EE destined for refurbishment, remanufacturing, repair and reuse in Appendix VI(2). We suggested similar text leaving out the OECD requirement since this would greatly limit the number of countries where state of the art refurbishing and repair facilities could be established in the future. Specifically, Appendix EU WEEE recast VI(2) states,  “By way of derogation, point 1 (a) and (b) and point 3 do not apply where it is documented by conclusive proof that the shipment is taking place in the framework of a ng place in the framework of air and reuse ansboundary [sic] movement of components destined for repair, refurbishment, recall, and business-to-business transfer agreement and that: a) the EEE is sent back to the producer or third parties acting on his behalf as defective for repair under warranty with the intention of re-use, or b) the used EEE for professional use is sent to the producer or third parties acting on his behalf or third parties facilities in countries to which the Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations applies, for refurbishment or repair under a valid contract with the intention of re-use, or c) the defective used EEE for professional use, such as medical devices or their parts, is sent to the producer or third parties acting on his behalf for root cause analysis under a valid contract, in case such an analysis can only be conducted by the producer or third parties acting on his behalf.”  

From p. 3 of response by Philips to Basel Secretariat. 2012. ‘Draft Technical Guidelines on Transboundary Movement of E-Waste, in Particular Regarding the Distinction between Waste and Non-Waste (Version 8 May 2012)’. http://www.basel.int/Implementation/Ewaste/TechnicalGuidelines/DevelopmentofTGs/tabid/2377/Default.aspx.