Upcoming Legislative Changes to Effect Basel Convention Amendments on Transboundary Movement Control of Electronic Waste

From 1 January 2025, companies that import or export waste electrical and electronic equipment (“WEEE“) and its components (“e-waste“), or whose e-waste transits through Singapore, will be required to (i) carry out the Prior Informed Consent (“PIC“) procedure specified under the Basel Convention, and (ii) obtain a Basel Permit from the National Environment Agency’s (“NEA“) Chemical Control and Management Department (“CMCD”), which serves as the competent authority (“CA“) for Singapore under the Basel Convention.

Background

Singapore, being a party to the Basel Convention, will be making legislative amendments to the Schedule of the Hazardous Waste (Control of Export, Import and Transit) Act to align with the Basel Convention text and annexes, such that all WEEE and its components are to be re-classified as category Y49 on Annex II (Other Wastes) or category A1181 on Annex VIII (Hazardous Wastes) of the Schedule. Existing categories of A1180 on Annex VIII as well as B1110 and B4030 on Annex IX would be removed.

PIC and Basel Permit Application

The PIC procedure requires the exporter, through the CA of the state of export, to seek consent from the CAs of the state of import and state(s) of transit prior to the commencement of any shipment. Companies will have to provide relevant documents (e.g. Basel notification form, contractual agreement, insurance/guarantee, transportation plan, etc.) so that the relevant CAs can review and provide their decision (i.e. consent or denial) to the proposed import/export.

From September 2024 onwards, companies intending to import, export or facilitate the transit of WEEE including for the purpose of recycling can submit an application for a Basel Permit to NEA-CMCD so as to obtain PIC before the amendments take effect. Companies dealing with both hazardous WEEE and non-hazardous WEEE will be required to submit separate applications for the respective Basel Permits under category A1181 for hazardous WEEE and category Y49 for non-hazardous WEEE.

Companies intending to export Used Electrical and Electronic Equipment (“UEEE”) for the purpose of reuse will not be required to apply the PIC procedure unless the importing country regards such UEEE as electronic waste under their national legislation, in which case a Basel Permit from NEA is required prior to shipment.

Legislative Background

NEA earlier issued a Consultation Paper on “Public Consultation on Proposed Transboundary Movement Control of E-Waste” to obtain comments on the proposed controls on the transboundary movement of e-waste. The consultation period was from 1 April 2024 to 28 April 2024. NEA issued its Responses to Feedback received on the Consultation Paper. The Consultation Paper and Response are available here. For a summary of the Consultation Paper, please refer to our article on the Consultation Paper in April 2024 Newsbytes Issue available here.

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