“The decision point, "Is the equipment regarded to be waste in any of the countries concerned? " is open to interpretation and therefore too subjective. We propose the following as alternate text, "Is the equipment controlled as a waste as per Article 4.1 of the Basel Convention in any of the countries concerned?”
From p. 1 of response by Canada to Basel Secretariat. 2012. ‘Draft Technical Guidelines on Transboundary Movement of E-Waste, in Particular Regarding the Distinction between Waste and Non-Waste (Version of 27 September 2012)’. http://www.basel.int/Portals/4/download.aspx?d=UNEP-CHW-OEWG.8-INF-9-Rev.1.English.doc.