“Norway has previously provided some compromise text suggestions on this, and we can support text along the following line:

All residual waste generated from the failure analysis, repair and refurbishment operation which is hazardous according to the Basel Convention definitions (Article 1, 1(a) and 1(b)) or its hazardous characteristics are unknown, shall be disposed of in an environmentally sound manner (ESM) in accordance with the Basel Convention. The residual hazardous waste should be taken back to the country of export unless the facility can provide conclusive proof that the residual hazardous waste can be treated in an environmentally sound manner in a facility in the importing country.”

From p. 2 of response by Norway 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.