“The United States disagrees with the EU‟s suggestion to eliminate this section [draft procedures for transboundary movements of used equipment destined for repair or refurbishment] as many countries consider used equipment to be products. In addition to raising potential WTO issues, applying Basel procedures to used products and second hand goods, versus developing an approach tailored to the risks posed by such materials, may promote undesired social, economic, and environmental outcomes.

We do not agree with the suggestion by the EU and Norway. It would be inappropriate to apply waste control produces to shipments of used equipment destined for repair or refurbishment because it is stipulated that the Basel Convention does not apply to movements of equipment that are not waste.”

From p. 11 of United States response 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.