Singapore: Transboundary movement control on eletronic waste under the Basel Convention

On April 01, 2024, the National Environment Agency (NEA) of Singapore has issued a notice: PCD1/BASEL/24-02 to all traders, freight forwarders, cargo agents and carriers regarding the control of transboundary movement of waste electrical and electronic equipment (WEEE) under the Basel Convention. Singapore, as a party to the Basel Convention, requires companies dealing with hazardous waste to apply for a Basel Permit for import, export, and transit activities. Currently, WEEE is categorized under entries A1180 and B1110 of the Basel Convention, with only A1180 requiring a Basel Permit due to hazardous content.

Significant amendments to the Basel Convention were adopted at the 15th Conference of the Parties in June 2022 , which will come into effect on January 1, 2025. These amendments will classify all WEEE under new entries (Y49 in Annex II and A1181 in Annex VIII ), making them subject to the Prior Informed Consent (PIC) procedure. Consequently, companies will need to obtain a Basel Permit for the transboundary movement of all WEEE.

NEA is conducting a public consultation from April 1 to April 28, 2024, through the REACH website to gather feedback on the proposed control measures. The new requirements will be implemented from January 1, 2025, and details will be shared with the industry once finalized.

The businesses subject to the new requirements under the Basel Convention for transboundary movement control on electronic wastes include:

Public waste collectors
General waste disposal facilities
General waste collectors
Companies importing or exporting hazardous waste into or from Singapore
Companies appointed to be the cargo agent for the transit of hazardous waste through Singapore

These entities will be required to obtain a Basel permit from the Chemical Control and Management Department (CCMD) of the National Environment Agency (NEA) prior to the transboundary movement of WEEE, following the amendments to the Basel Convention that will come into force on January 1, 2025.

Under the new requirements outlined in the document provided, the obligations for parties involved in the transboundary movement of electronic waste (WEEE) include:

Obtaining a Basel Permit:
Companies dealing with the export, import, or transit of WEEE listed in Annex II and VIII of the Basel Convention will be required to obtain a Basel permit from the Chemical Control and Management Department (CCMD) of the National Environment Agency (NEA) prior to the transboundary movement of WEEE.
Prior Informed Consent (PIC) procedure:
Parties must seek consents from the State of Import as well as all States of Transit where the waste passes through during its course of transboundary movement as part of the PIC procedure.
Application process:
Applicants are encouraged to factor in the time required for the application process of the Basel Permit, including the preparation of supporting documents.
Public consultation:
NEA is conducting a public consultation to review and enhance domestic control measures for the import, export, and transit of WEEE. Affected individuals and companies are encouraged to provide their views through the REACH website .
Compliance with amendments:
All WEEE and its components will be covered under the new entries (i.e., Y49 in Annex II and A1181 in Annex VIII) and be subjected to the PIC procedure for their transboundary movement starting from January 1, 2025.
Electronic Banker’s guarantee:
Local companies dealing with the import, export, or transit of electrical and electronic waste will be required to obtain an electronic Banker’s Guarantee.
Implementation details:
The NEA will share details such as TradeNet applications and controlled HS codes with the industry when they are finalized.
Clarification and further information:
For further clarification or related matters, contact details of specific individuals at NEA are provided in the document.

By adhering to these obligations, businesses and other entities involved in the transboundary movement of electronic waste will be following the Basel Convention and the new amendments that will take effect on January 1, 2025.

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal is an international treaty designed to reduce the movements of hazardous waste between nations, and specifically to prevent the transfer of hazardous waste from developed to less developed countries. It also aims to ensure that such waste is managed and disposed of in an environmentally sound manner.

For a signatory country like Singapore, non-compliance with the Basel Convention can lead to several penalties, which are usually stipulated in the national legislation that implements the convention's provisions. It is important to note that the specific penalties can vary from country to country, as each nation will have its own laws and regulations to enforce the rules of the Basel Convention.

In Singapore, the relevant legislation for the control of transboundary movement of electronic waste is the Hazardous Waste (Control of Export, Import and Transit) Act. Under this Act, potential penalties for non-compliance may include:

Fines:
Companies or individuals found to be in violation of the Act may be subject to substantial fines. The exact amount would depend on the nature and severity of the offense ;
e.i under section 25, 26 and 27, any person who contravenes the relevant sub-sections shall be guilty of an offence and shall be liable on conviction – in the case of a body corporate, to a fine not exceeding $300,000; or in the case of an individual, to a fine not exceeding $100,000.
Imprisonment:
In more severe cases, or for repeat offenders, imprisonment could be a consequence of non-compliance. In such cases, to imprisonment for a term not exceeding 02 years, or to both.
Suspension or revocation of permits:
Entities that are found non-compliant may have their permits to export, import, or transit hazardous waste suspended or revoked.
Forfeiture of goods:
The hazardous waste in question may be seized and forfeited.
Corrective orders:
Courts or regulatory bodies may issue orders requiring the offender to take corrective actions to mitigate environmental damage or to bring operations into compliance.
Reputation damage:
Companies found to be in violation may also suffer significant reputational damage, which can have long-term financial consequences.

To prepare for the new requirements regarding the transboundary movement control on electronic waste (WEEE) under the Basel Convention, businesses should take the following steps:

Understand the amendments:
Familiarize yourself with the adopted amendments to the Basel Convention, specifically the new entries to Annex II (Y49) and the replacement of entry A1180 with new A1181 in Annex VIII. Review the changes in classification for WEEE and its components.
Review current practices:
Assess your current practices in handling WEEE to determine how the new requirements will affect your operations. Identify any changes needed in your processes to comply with the new regulations.
Prepare documentation:
Start gathering and preparing the necessary supporting documents that will be required for the Basel Permit application process. This may include waste characterization reports, contracts, and other relevant documentation.
Apply for a Basel Permit:
Ensure that you understand the process for applying for a Basel Permit through the NEA's Chemical Control and Management Department (CCMD). You can find details on the application process on the NEA website .
Prior Informed Consent (PIC) Procedure:
Prepare to engage in the PIC procedure, which involves obtaining consent from the State of Import and all States of Transit for the transboundary movement of WEEE.
Public consultation participation:
Participate in the public consultation process through the REACH website to provide your views on the proposed transboundary movement control of electronic wastes.
Obtain an Electronic Banker’s Guarantee:
If you are a local company dealing with the import, export, or transit of electrical and electronic waste, prepare to obtain an electronic Banker’s Guarantee as required under the new regulations.
Stay informed:
Keep an eye out for further implementation details from NEA, such as TradeNet applications and controlled HS codes, and be ready to adapt your practices accordingly.
Contact NEA for clarification:
If you have any questions or require further clarification, reach out to the designated contacts at NEA, Mr. Lee Chin Chian and Ms. Hanisah Akram.

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