“ITI recommends some further discussion on whether incidental parts replacement should be a basis for classifying otherwise whole and valuable equipment as waste. In many instances, valuable equipment may need some minor repair or refurbishment prior to remarketing. The continued use of such equipment can conserve resources and provide other important environmental and economic benefits. Such repair or refurbishment could generate parts or components that require disposal. The parties should clarify that incidental or minor parts replacement by legitimate refurbishment and repair operators is not in and of itself sufficient to qualify an export of used equipment for reuse a waste. Such an approach could have the unintended effect of directing functional equipment requiring only minor repair or refurbishment to materials recovery before the end of its useful life, with unnecessary environmental costs and lost social, economic and environmental benefits that an arise from legitimate reuse. One option would be to require minor repairs to take place at a facility certified to comply with the forthcoming Basel PACE Refurbishment Guidelines to ensure that any incidental wastes from the refurbishment process are managed properly. At a minimum, the guidance should recognize that the Convention leaves it to the parties to decide whether used equipment exported for repair or refurbishment with the intention of reuse should be managed as a waste or a non-waste/product.”
From p. 9 of response by Information Technology Industry Council (ITI) to Basel Secretariat. 2010. ‘Draft Technical Guidelines on Transboundary Movement of E-Waste, in Particular Regarding the Distinction between Waste and Non-Waste (Version 22 September 2010)’. http://www.basel.int/Implementation/Ewaste/TechnicalGuidelines/DevelopmentofTGs/tabid/2377/Default.aspx.
“One suggestion is that ‘direct reuse’ and ‘reuse after repair’ do not need to be separated. For the Figure 2 flow diagram question “will it be repaired”, it is our understanding that hazardous e-waste is allowed to be shipped to be repaired, refurbished or upgraded prior to reuse, without a consent – for example when returning goods under warranty to the original equipment manufacturer for repair. Is clarification required to make it clear to what degree the equipment will be repaired? This is based on the assumption that it is when the repair activity exposes the worker to components that may contain hazardous substances that the shipment must get consent rather than, for example, the outer plastic casing only is removed, repaired then replaced. In addition, the provisions regarding “is the load properly packed” and “is it regarded to be waste in any of the countries involved” are also applicable here.”
From p. 1 of response by New Zealand to Basel Secretariat. 2010. ‘Draft Technical Guidelines on Transboundary Movement of E-Waste, in Particular Regarding the Distinction between Waste and Non-Waste (Version 22 September 2010)’. http://www.basel.int/Implementation/Ewaste/TechnicalGuidelines/DevelopmentofTGs/tabid/2377/Default.aspx.
“we are concerned the possibility of using repair centre as a loophole to circumvent the Convention.”
From p. 1 of response by Norway to Basel Secretariat. 2010. ‘Draft Technical Guidelines on Transboundary Movement of E-Waste, in Particular Regarding the Distinction between Waste and Non-Waste (Version 22 September 2010)’. http://www.basel.int/Implementation/Ewaste/TechnicalGuidelines/DevelopmentofTGs/tabid/2377/Default.aspx.
“refurbishment facilities should adhere to practices that ensure repairs are done in an environmentally sound manner; sending materials to facilities that meet Basel Convention guidelines is an indicator that the materials are not wastes, but are destined for legitimate reuse.”
From p. 8 of response by United States to Basel Secretariat. 2010. ‘Draft Technical Guidelines on Transboundary Movement of E-Waste, in Particular Regarding the Distinction between Waste and Non-Waste (Version 22 September 2010)’. http://www.basel.int/Implementation/Ewaste/TechnicalGuidelines/DevelopmentofTGs/tabid/2377/Default.aspx.