“In general, it is considered that if the used EEE was exported for failure analysis, repair or reconditioning and this activity was not possible or could not be carried out in the importing country, the exporter's liability should be maintained against those used EEE ; And on the other hand, the right of the importing country must be maintained so that it can return to the exporting country that used EEE that could not be analyzed, repaired or repaired.”
English translation of p. 6 of response by Colombia to Basel Secretariat. 2015. ‘Decision BC-12/5 | Technical Guidelines on Transboundary Movements of Electrical and Electronic Waste and Used Electrical and Electronic Equipment, in Particular Regarding the Distinction between Waste and Non-Waste under the Basel Convention’. http://www.basel.int/TheConvention/ConferenceoftheParties/Meetings/COP12/tabid/4248/mctl/ViewDetails/EventModID/8051/EventID/542/xmid/13027/Default.aspx.
“It is recommended to facilities receiving used equipment that is not waste and is intended for failure analysis, repair and refurbishment to, as appropriate, include provisions in the contract with the person who arranges the transport that, in case of the non-availability of environmentally sound management facility in the importing country transboundary movement of a) used equipment that was destined for failure analysis, repair or refurbishment, but for which no failure analysis, repair or refurbishment has been conducted, and b) waste generated during failure analysis, repair or refurbishment; is responsibility of exporter.”
From p. 9 of response by India to Basel Secretariat. 2015. ‘Decision BC-12/5 | Technical Guidelines on Transboundary Movements of Electrical and Electronic Waste and Used Electrical and Electronic Equipment, in Particular Regarding the Distinction between Waste and Non-Waste under the Basel Convention’. http://www.basel.int/TheConvention/ConferenceoftheParties/Meetings/COP12/tabid/4248/mctl/ViewDetails/EventModID/8051/EventID/542/xmid/13027/Default.aspx
“i) Used equipment destined for failure analysis, repair and refurbishment is only for new electrical and electronic equipment or components which are under warranty that are returned as defective units for repair to the manufacturer with the intention of re-export (to be returned to the original country of export).
ii) All residual waste generated from the failure analysis, repair and refurbishment shall be taken back to the country of export unless the residual hazardous waste can be treated in the importing country in an environmentally sound manner (ESM) in accordance with the Basel Convention.
iii) In the case of the whole used equipment that after failure analysis, repair and refurbishment is still unrepairable, it shall be taken back to the country of export and disposed of in an environmentally sound manner (ESM).”
From p. 3 of response by Malaysia to Basel Secretariat. 2015. ‘Decision BC-12/5 | Technical Guidelines on Transboundary Movements of Electrical and Electronic Waste and Used Electrical and Electronic Equipment, in Particular Regarding the Distinction between Waste and Non-Waste under the Basel Convention’. http://www.basel.int/TheConvention/ConferenceoftheParties/Meetings/COP12/tabid/4248/mctl/ViewDetails/EventModID/8051/EventID/542/xmid/13027/Default.aspx
"It is recommended to obligate the suppliers of the used E-equipments that contain
hazardous wastes to return these E-equipments back to the country of origin and
provide a grantee to deal with them in principle of ESM, or to be treated and
disposed in certified E-waste treatment facility."
From p. 2 of response by State of Palestine to Basel Secretariat. 2015. ‘Decision BC-12/5 | Technical Guidelines on Transboundary Movements of Electrical and Electronic Waste and Used Electrical and Electronic Equipment, in Particular Regarding the Distinction between Waste and Non-Waste under the Basel Convention’. http://www.basel.int/TheConvention/ConferenceoftheParties/Meetings/COP12/tabid/4248/mctl/ViewDetails/EventModID/8051/EventID/542/xmid/13027/Default.aspx.