Technical Working Group to prepare draft technical guidelines for the environmentally sound management of hazardous wastes subject to the Basel Convention

Tenth session Kuala Lumpur, 22- 26 April 1996



### Report of the Technical Working Group

I. INTRODUCTION 1. The tenth session of the Techni cal Working Group (TWG) took place in Kuala Lumpur from 22-26 April 1996. 2. The meeting was convened in accordance with decision III/1 ( Amendment to the Basel Convention), decision III/12 (Hazard characterization ) and decision III/26 (Cooperation with UN bodi es, specialized agencies and re gional systems and organizations) adopted by the C onference of the Parties at its third meeting. II. PROCEEDINGS OF THE MEETING A. Opening of the meeting 3. The Chairman of the Technical Working Group, Mr Peter Hinchc liffe, welcomed participants. He refe rred to the mandate of the Group and noted that the agenda in front of t he meeting was heavy. He thanked the Go vernment of Malaysia for hosting the m eeting in Kuala Lumpur. 4. In her introductory statementthe Executive Se cretary extend ed the Secretariat's gratitude to the Go vernment of Malaysia for the p erfect organization in hosting this meeting and to the European Commission for havi ng made possible the participation of a large number of experts from de veloping countries and countries with ec onomies in transition. She emphasized thatMalaysia wasamong the most active governm ents behind the successful adoptio n of the Convention in 1989 and since then for its effect ive implementat ion. She further said that Malaysia played a veryimportant role in negotiations on decision II/12 and decision III/1 (Amendment to t he Convention) adopted by the second and third meetings of the Conference of the Parties respectively. T he Executive Secretary emphasized that there was a need to work further on h azard characterization and lists of haz ardous wastes as a matter of p riority and said she was confident that work will proceed in a constructive mann er allowing the Technical Working Group to pro vide the next Conference of the P arties with the input and guidance requested by t he third meeting of the Confer ence of the Parties. The Basel Convention is the first and only global Conv ention that deals with the transboundary moveme nts and environmentally sound mana gement of hazardous wastes worldwide. The m inimization of the generation of hazardous wastes is a prime objective to a ttain within the Basel Conventi on which is very much a technical assistance ori ented Convention. The fact that there are now over 100 Contracting Parties to the Convention is a sign of sig nificant achievement, taking into consider ation the fact that the Basel Convention is one of the most difficult multilate ral environmental treaties to im plement in view not only of the volume of hazardous w astes generated every year butalso because of the diversity of such wastes and their components. The Execu tive Secretary then invited the Hon. Dato' Abu Bakar Daud, Deputy Minister of Science, Technology and the Environment o f Malaysia to make the opening address at the session of the Technical Working Group. 5. In his opening address, the D eputy Minister of Science, Tech nology and the Environment of Malaysia express ed his pleasure to address and o fficially open the meeting noting that Malaysi a is a key player in the develop ment and implementation of the Basel Co nvention since 1987, working veryclosely with developed and developing countries to strengthen the provisions of the Convention.6. The Deputy Minister recognized that this meet ing in Kuala Lu mpur of the Technical Working Group is very important, particularly with re gard to the definition of hazardous wastes under the Convention vis-a-vis t he ban decision adopted in March 1994 and the subs equent amendment to the Conve ntion to give effect to the ban agreed upon b y consensus in September 19 95. The Deputy Minister remin ded the meeting that M alaysia being an imp ortant trading nation, they would like to see that genuine trade in recoverabl es is not hampered while at the same time uphold th e original goals of the Convent ion, that is to protect vulnerable countries from the threat posed by improper disposal of hazardous wastes. 7. Over the last two decades, Mala ysia has progressively develo ped environmentally sound management p ractices. Since May 1989, Mal aysia has enforced the Environmental Qua lity (Scheduled Wastes) Regulatio ns 1989 under the Environmental Quality Act 1974. Since the end of 1995, workhas started to review these regulations in order to improve thei r implementati on. This includes an improved waste list. Malaysia realized, however, that the se tting up of a waste treatment and disposal facility al one would not in the long ter m totally solve the problem of hazardous waste. Waste generators and policy makers must work more diligently towards other opt ions such as waste minimizatio n programmes and cleaner technologies. In this regard, the Department of the Environment has launched a new programme called MAWAR (Malaysian Agenda for Was te Reduction) aimed at encouraging industries to reduce waste gene ration in a specified period to be determined on a voluntary basis by the i ndustries themselves. 8. The Deputy Minister informed that Malaysia has been observin g the strict requirements of the Basel Convent ion, even before the Conventio n entered into force and Malaysia became a Party. Strict enforcement and penal ty against violators have been promoted. T he Ministry of Science, Technolo gy and the Environment has proposed to the Pa rliament to amend the Environ mental Quality Act to include specific provisions on the control of import, ex port and transit ofwastes including the increase in penalties from RM 10,000 to RM 500,000 for certain offences and jail terms f rom two years to five years. T his again reflects Malaysia's consistent stand at i nternational fora. We may be cr itical, but we are sincere in our efforts towards contributing to global environme ntal protection concluded the Deputy Minister, w ho then declared open the tenth session of the Technical Working Group. B. Attendance 9. The meeting was attended by ex perts designated by the follow ing Parties to the Convention: Argentina, Austr alia, Austria, Brazil, Bulgaria , Canada, Chile, China, Croatia, Cuba, Denmark, Ecuador, Egypt, El Salvador, Est onia, European Community, Germany, Guinea, H onduras, India, Indonesia, Japan, Malaysia, Mauritius, Morocco, Netherlands, New Zealand, Norway, Peru, Pol and, Republic of Korea, Saudi Arabia, Senegal, Slo vak Republic, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Syria, U nited Kingdom, United Repub lic of Tanzania. 10. The following observer States were represented: Albania, Ca mbodia, Colombia, Ghana, Mongolia, Rwanda , Thailand, Ukraine, United St ates of America. 11. The following intergovernmen tal organizations were represen ted: Organisation for Economic Cooperat ion and Development (OECD), U nited Nations Conference on Trade and Development (UNCTAD). 12. Greenpeace, Centre for Envir onment, Technology and Developm ent (CETDEM), and the following indust ry non-governmental organizat ions were represented at the meeting: Bur eau of International Recycling ( BIR), European Chemical Industry Council (CEFIC ), Eurometaux, European Federat ion of Waste Management (FEAD), International C hamber of Commerce (ICC), Int ernational Precious Metals Institute (IPM I), Japan Mining Industry Associa tion (JMIA). C. Officers 13. The following officers continued their mandate:Mr Peter Hinchcliffe, UK, Chairperson Ms Lakshmi Ragupathy, India, Vice-Chairperson Mr Ibrahima Sow, Senegal, Rapporteur D. Agenda 14. The meeting adopted t he following agenda: 1. Opening of the meeting; 2. Adoption of the agenda; 3. Organizational matters; 4. Hazard characterization and classification of wastes

a. Consideration and review of t he work of Sub-Working Group 1 on Metals, SubWorking Group 2 on Lists and Sub- Working Group 3 on General Pri nciples b. Programme of work to complet e task on hazard characterizatio n and classification of wastes; 5. Follow-up to other decisions adopted by the third meeting of the Conference of the Parties a. Decision III/5 (Illegal tra ffic in hazardous wastes and othe r wastes) - Review of the draft Illegal Traffic Report Form b. Decision III/26 (Cooperati on with UN bodies, specialized age ncies and regional systems and organization s) - Report on cooperation wit h the World Customs Organization c. Decision III/27 (Cooperation between the Basel Convention an d the activities undertaken at the global level l eading to the development of th e legally binding instrument on trade in hazardous c hemicals including the Prior Informed Consent - PIC - concept) - Report on current activities; 6. Other matters; 7. Adoption of the Report; 8. Closure of the meeting.15. The Technical Working Group being a subsidiary body of the Conference of the Parties, the meeting applies, mutatis mutandis , the rules of procedure of the Conference of the Parties. E. Organization of the meeting 16. Taking into consideration t hat the main task of this meetin g is its Agenda item 4 namely continuation of work on hazard characterization and cl assification of wastes, the Chairman proposed tha t although some work could be carried out in plenary sessions, it would be prof itable to split the meeting i nto two Sub-working
groups:

. a Sub-working group on metals and review procedures co-chaired by Germany and India: Sub-working group 1

. a Sub-working group on wastes p laced on list C requiring prior ity attention cochaired by Malaysia and the Ne therlands: Sub-working group 2 The main task of these Sub-work ing groups is to take forward th e work done so far. 17. The Chairman agreed to conti nue and finalize the necessary work on the lists with the assistance of the "Fri ends of the Chairman Group". 18. The Executive Secretary of t he Secretariat of the Basel Con vention introduced briefly the documentat ion available to this meeting, noting the importance to focus the work o f the Technical Working Group on the development of lists and the appl icable procedure for their rev iew. She emphasized that in this process itwas critical to avoid as faras possible unnecessary complications. III. GENERAL OBSERVATIONS 19. The experts who took the floor expressed their appreciation for being able to participate in this meeting and t hanked the Government of Malay sia for hosting the meeting with the support of the European Commission. 20. The Industry Coordinator e xtended thanks on behalf of the I ndustry experts for being able to participate as observer to this meeting. He s aid that since Dakar, Industry has committed it self to contribute to the important subject ofhazard characterization and clas sification of wastes and that I ndustry is carrying a lot of work on this issue tha t would be useful to the Parties to the Basel Convention. 21. The expert from Japan informed the meeting that his countryis delivering no permits for export of hazardous was tes for final disposal and t hat as far as the prohibition of movements of haz ardous wastes destined for recov ery is concerned, it may be that in some cases, such prohibition would not be in favour of sustainable development. He said that Japan supports the app roach of using OECD lists as a base for the workof the Technical Working Grou p. He concluded by raising the issues of commercial specifications fo r wastes and what is a waste as meriting the attent ion of the Technical Working G roup. 22. Many experts indicated that s ignificant progress was made d uring the ninth session of the Technical Worki ng Group (Bonn, December 1995). O ne expert further said that while caring for the environment it was important not to impair legitimate trade in hazardous wastes and their recovery. 23. A number of experts insisted on the importance of having co ncrete proposals by the end of this meeting. 24. The issue of outdated or obsol ete pesticides was raised by one expert in conjunction with the es tablishment of lists. 25. The expert from Brazil informed the meeting that Brazil sup ports the adoption of the green, amber and red lis ts to be used as a working docum ent by the Technical Working Group in its deliberations on lists. In doing so, the Technical Working Group, however, should no t lose sight of the mandate as signed to it in decision III/1, namely to finalize the specification of waste c ategories and further define the hazard characterist ics listed in Annexes I and III o f the Basel Convention. Any addition of specif ic wastes that do not corresp ond to the categories aforementioned or are not contaminated by Annex I co nstituents should be subjected to considerat ion by Parties and preferably presented as an amendment to the Convention. By t he same token, discussion on w astes that are considered environment ally undesirable by s ome Parties, althoug h not beinghazardous (in the Convention terms ) should not deviate the Tech nical Working Group from its present task and thus might deserve a different approach, to be eventually defined by the C onference of the Parties. IV. PLENARY MEETINGS 26. The plenary meetings w ere held on a daily basis. 27. The reports on development of w ork in the Sub-working group s were presented by their Chairpersons. T he reports of the Sub-working groups are included in the last part of th is report under section VII. 28. After completion of its work, the Sub-working group on meta ls, co-chaired by Germany and India, carried on the review procedures. Approval of preliminary lists 29. The Chairman of the TWG pres ented to the meeting the docume nt entitled "List of wastes placed on lists A and B and approved at the 10t h session of the Technical Working Group" and its slightly reviewed version. The Technical Working Group approved 29 entries onto list A, shown in Appendi x I to this report. The group also approved 14 entries onto list B, shown i n Appendix II. A number of wastes would need furt her elaboration, and were added to list C (Appendix III). Further work woul d be needed to incorporate exp lanatory material, originally footnoted in the lists , into an accompanying documen t. They include . PCB, PCT and PBB. The Technical Working Group may wish to rev iew the de minimis level in entry A28. . Furans and dioxins. The Technical Working Group may wish to d evelop de minimis levels associated with A32 in o rder to exclude materials such as waste
paper. . Metal-bearing wastes arising fr om melting, smelting and refin ing of metals. Further information on de minimis levels and types of waste is required for entries under B2. The entry shoul d be subjected to the review p rocess for further elaboration. References to copper slag in list B are within square brackets. This is because one delegation was concerned by t he proposal to include referen ces to copperslag in list B and remarked upon its hazardous properties, and proposed that a general description of potentia lly hazardous copper slags could be placed on list A and a clear description of non-hazardous copper slags could b e placed on list B. Other delegations explained t hat copper slags were not hazar dous, and those materials should remain on lis t B. Relevant delegations agreed to forward to the Secretariat descriptions for ent ry onto lists A and B, with sup porting evidence, at the next meeting of the Technica l Working Group. Information wa s also requested about any related copperwastes such as dust, ashes, residues, etc. It was agreed that clinical waste s would be cons idered at an ea rly stage and appropriate entries would be made on the lists. Concern was exp ressed about certain wastes considered to be hazardous but not on Annex I to the Convention. These wastes are listed on Appendix IV to the report. Co-operation with NGOs 30. The Chairman brought the attent ion of the Technical Working Group to the procedural issue of the participatio n of observers at the meeti ng. In accordance with the Rules of Procedure of th e Conference of the Parties, t here are two different kinds of observers at the meetings under the Basel Co nvention, namely observers in accordance with Ru le 6 and observers in accordance with Rule 7. Rule 6 of the Rules of Procedure refers to the observer States while Rule 7 refers to the NGO observers. The Chairm an further explained the differ ences in relation to their status and underlined t hat it is expected from the obs erver States - potential Parties to the Basel Co nvention - to take more active action and participation during t he meetings. As it rel ates to the partici pation of NGO observers, he emphasized that it i s expected to receive from th em professional support related to their expertise in the field of treatment of hazardous wastes and encouraged them to share informa tion related to their pract ical activities with the experts at the meeting if and as far as it is requested by the meeting. 31. The Chairman informed the m eeting that it would be useful t o further develop the ways of co-operati on with NGO observers (including the priv ate sector) andtheir ways and means of communica tion with the Secretariat, Con tracting Parties and other States as well as thei r participation at the meetings

. Review procedures 32. The Chairman of the Sub-work ing group on the Review Procedu res reported on the proposed procedure for the presentation of applications to the Technical Working Group for the entry of a waste onto a list as well as t he application form to be used in the procedure. The Technical Working Group adopte d the following procedures and form (Appendix VI): - Any Contracting Party, observe r State, national authority, NG O, company or individual person has the righ t to fill in the application form with the proposed placement of wastes under list A o r list B and present it to na tional authorities for the Basel Convention within its country. It is fo r the Governme nt to decide how and through which Competent Author ity and/or Focal Point of the Basel Convention this application fo rm will be forwarded to the Secre tariat of the Basel Convention. - It is understood that the Compet ent Authority(ies) and/or Foc al Point is/are to decide if it considers the applic ation form properly filled in and if it agrees to forward this application form fo r consideration at the next mee ting of the Technical Working Group. - The Technical Working Group orany special group with compete ncies to review the application form will consider the application at its next meeting if possible. If the Technical Working Group w ould be of the opinion that the sp ecial additional information, explanation or anyfurther advice would be needed, it would have the right to approach appropriate bod ies/authorities/NGO including private sector/industry for the necessary expertise. Further Listing 33. The Technical Working Group considered the recommendation o f the Subworking groups for the placemen t of additional wastes on the li sts. Appendix V shows the recommendations which w ere adopted by the Technical W orking Group. These wastes will be added to the prelimin ary lists by t he Secretariat andthe lists circulated for info rmation before the next meeting of the Technical Working Group. 34. A number of experts explain ed that the entry on list B refe rring to metal scrap in bulk finished form caused diffi culties in relation to domest ic policies. It was agreed that for the time being th e entry would be retained as a dopted by the Technical Working Group but that: - the Chairman of the TWG and the Chairpersons of the Sub-worki ng group 1 would draft an explan ation of the decision for submission to th e next meeting of the Technical Working Group; and - the entries referring to metal s would be subjected to the rev iew procedure adopted at this meeting at some future time 35. The Technical Working Group agreed that polychlorinated nap hthalenes (PCN) should be included on list A , possibly by adding them to entry A28. It was recognized that this decision was taken in the absence of the o pportunity to examine the precise wording and placement of PCNs and that the final decision on these matters would be taken at the next session of the Tech nical Working Group. Framework 36. The Secretariat introduced t he draft position paper on haza rd characterization and classificati on of wastes within the framew ork of the Basel Convention (UNEP/CHW/WG.4/10/6) . The group considered this docu ment and agreed to provide comments in parti cular in relation to the dia grams included as Appendix 2 and Appendix 3 to the draft position paper. 37. Delegates indicated concern about the flow diagrams. The Se cretariat undertook to prepare a paper cover ing this issue and the questi on of the chapeau to list A for submission to the next meeting of the Tec hnical Working Group and asked for comments ov er the same time period. Follow-up to decisions III /5, III/26 and III/27 of COP 38. The meeting agreed that t he illegal traffic report form wou ld be the subject of further consideration by the Tec hnical Working Group at its nex t meeting asrequested by decision III/5 (ill egal traffic in hazardous waste s and other wastes). Some experts emphasized that th e reports on illegal traffic not ifed to the Secretariat should be the ones c onfirmed by the appropriate aut horities within the countries where the illegal traffi c took place. In relation to this agenda item, the meeting was informed about the background and development of si milar agenda item which was included in 1996 Human Rights Commission work. T he Secretariat referred to its sta tement at the Human Rights Commi ssion and emphasized that the resolution adopted at the Commission referr ed on several occasions to the necessity for co -operation between SBC and the Commission on Human Rights on this subject. In this connection several exp erts emphasized that there is a need to avoid anyduplication of work between S BC and the Commission with the clear indica tion that the subject of illega l traffic has been on the agenda of the Basel Convention for the last several years a nd has been satisfactorily dealt with by the Basel Convention. 39. The group welcomed the report on co-operation with the Worl d Customs Organization on the separate iden tification of hazardous waste in the Harmonized System a nd underlined that this work should still be carried on by the Secretariat in close co- operation with the European Commiss ion and OECD (as per decision III/26 of th ird meeting of COP). 40. The group was of the opinion t hat in relation to the Basel Convention the expression "notification and c onsent" should be used rather tha n "PIC" - prior informed consent, which refers clearly to the trade in toxic ch emicals. The group agreed that outdated pesticides as well as outdated chemicals a re within the scope of the Basel Convention and therefore should not be inclu ded in the scope of the new convention related to chemicals. The same approach s hould refer to the unwanted pesticides; some ex perts, however, suggested that further consideration should be given to "unwanted" pesticides in relat ion to the Basel Convention. The group further agr eed that empty contaminated pa ckages are within the scope of the Basel Convention. The group agreed thata special entry should be ensured for the above-m entioned categories. The meeti ng requestedthe Contracting Parties, as we ll as SBC, to follow up closely o n the development of the legally binding instrum ent on trade in hazardous chemica ls to avoid any duplication of scope of both legal instruments (ref. decision I II/27). V. OTHER MATTERS 41. The representative of Malaysi a requested the representative of the European Commission to inform him whethe r Article 16 of the Council Regu lation (EEC - no. 259/93) referring to bilatera l, multilateral agreements and arrangements concluded in accordance with Article 11 of the Basel Convention , is to be modified in such a way that a fter 1 January 1998 Members of the European Community would not be able eit her to conclude or continue with such bilateral and/or multilateral agreements. 42. In response to this query, t he representative of the Europe an Community stated that the European Union is currently in the process of a mending existing legislation on shipments of was te (Council Regulation (EEC) no. 259/93 on the supervision and control of shipm ents of waste within, into and out of the European Community) in order t o implement the amendment to the Basel Convention as laid down in dec ision III/1 adopted by the third Conference of the Parties to the Basel Conventi on. The proposal for amending Regu lation 259/93 provides that bilateral, mult ilateral or regional agreements or arrangements in accordance with Article 11 of t he Basel Convent ion will no long er be possible after 1 January 1998 as far as e xports of hazardous waste from the EC to nonOECD countries are concerned. S uch agreements or arrangements w ill only be allowed for imports from non-OE CD countries into the European C ommunity. The proposal also provides to end ex isting agreement s or arrangemen ts covering exports of hazardous waste from the EC to non-OECD countries as of 1 January 1998, whether concluded at EC leve l or by individual Member Sta tes. The reason for this is that the European Co mmunity is of the opinion that Article 11 of the Convention refers to Article 4 paragraph 5 as such constitutes an exception to the prohibition of exports of hazardous waste from Parties to n on-Parties. Article 11 does notrefer to the new Article 4A, i nserted into the Convention by d ecisionIII/1, and can therefore notconstitute an exception to the ban as laid down in that Article 4A. In addition Article 4A does not foresee any such ex ception itself either. The adoption process of this proposal is already at an advanced stage. The Council of Environment Ministers of the Member States has adopt ed a common position on it early March. Cons equently, political agreement o f the Member States in this matter is clear ly established. The Secretariat o f the Basel Convention will be provided with a copy of the common position, for information, as soon as officially published. 43. Canada explained that a prelim inary legal analysis indicate s that decision III/1 may not permit the signature of Artic le 11 agreements con cerning the export of hazardous wastes from countri es listed in the proposed AnnexVII to the Convention to countries not lis ted in the proposed Annex VII to the Convention. 44. The delegate from New Zealand also stated that their initia l view was that Article 11 agreements would be possible after 1 January 1998 an d recalled their statement made at COP3. Australia stated that while the query a nd the reply were appreciated, the issue conc erned the legal interpretation of Basel Convention articles. This was outside the mandat e and competenc e of the Technical Working Group. 45. The representative of the USA stated t hat the USA had only recently learned of the EC proposal and that his Government would review it. He stated, however, that an initial view was that A rticle 11 agreem ents would be po ssible after 1 January 1998 (i.e. upon entry int o force of the ban amendment). 46. The Greenpeace representative o ffered the observation that in their view the proposal at COP2 and COP3 for an Article 11 exception to the ba n was clearly rejected as unacceptable during negotiations. 47. The Secretariat informed the Technical Working Group of the schedule for meetings over the next half yearincluding the organization of workshops and seminars under the Basel Conventi on. Referring to the next sess ion of the Technical Working Group which is scheduled to take place in Sep tember 1996, the Secretariat expressed its gr atitude to the Government of th e United Kingdomfor inviting the Technical Work ing Group to meet in the United Kingdom and to provide assistance to experts f rom developing countries and cou ntries with economies in transition to participate in this meeting. 48. The Chairman reported on discu ssions he and the Executive S ecretary had held with representatives of NGO s. It was agreed that in view o f the critical importance of NGO input to the wo rk of the Technical Working Group, the following procedures would be adopted: - Informal meetings between the Chairman, the Executive Secreta ry and representatives of NGOs would take place in coincidence with me etings of the Technical Working Group and on ot her suitable occasions, or wou ld be called in Geneva on an ad hoc basis when needed; - Correspondence would be direct ed through the Secretariat; - Noting that participation of N GOs was important to maintain b ut that from time to time difficulties arose in c onnection with costs, numbers an d other issues, it was agreed that the informal meet ings would be used to discuss and resolve these problems; - NGOs offered to establish foca l points for communications wit h the Secretariat to help ease resource pressures. VI. CLOSURE OF THE MEETING 49. Concerning the training sem inars and works hops organized bySBC on the implementation of the Convention, the Execut ive Secretary empha sized how useful it would be for NGOs to take an active part in these mee tings. 50. The Chairman of the TWG expre ssed thanks to the Government of Malaysia for the organization of this meet ing, to the Chairpersons of th e two Sub-working groups, Ms Rosnani, Ms Ragupathy, M r Bus and Mr Jaron for their diligence and hard work, and to the Chairman o f the two informal meetings of technical experts, Mr Sow, which laid down the workfor the successful outcome of this meeting. 51. The meeting closed at 5 .15 p.m. on 26 April 1996. VII. REPORTS OF THE S UB-WORKING GROUPS A. Report of Sub-working group 1 Listing of wastes52. The Chairman opened the sessi on, welcoming delegates, and e xpressing the hope that everyone could continue to contribute to the debates in a constructive and helpful manner. This was su pported by the Co-chair. 53. The provisional agenda was ag reed as submitted to the meeti ng by the Secretariat. 54. The Chairman invited comments on the latest results concern ing the listing of wastes. 55. Discussion took place on t he Review Mechanism with a number of clarifications sought from the del egates as to its precise purp ose, mode of operation, and status . There was general agreement that the pro cess of reviewing C list entries in this way was of value, and that the form proposed as a draft was broadly suitable. Sev eral comments were made about th e purpose of certain sections of the form, and whether they were relevant. I t was pointed out that it was in Industry's intere st to submit as much informatio n as it thought necessary to support its view. 56. Discussion led to queries ov er the meaning of A, B and C li sts, and their relationships to each other. The status of C list was discussed . It was clarified that C list could only be a tem porary location for a waste whic h should be finally placed on list A or B. The Chairman indicated that wastes could remain on list C, but that they would then be subj ect to assessment and control u nder national legislation. 57. Metals in massive form were discussed at length. Industry r epresentatives indicated that whilst they wer e preparing comprehensive informa tion on all traded alloys and residues, this was unlik ely to be available at this meeting. There was discussion on the requirement fo r environmentally sound managem ent and unsatisfactory processing of materials at facilities. Many argu ed that the Convention should not allow issu es of workplace health and poor management control to dictate waste status. A view was expressed that in s trict legal terms, the definitions of H31 and H32 m eant that intrinsic properties were what mattered, and that the issue o f "massive form" was not relevant . The Co-Chairreminded the group that this group should use the technical inp uts and clarify the position of waste only on a technical basis. 58. Discussion focussed on the case of lead, although the meeti ng remained concerned with principles rather t han individual metal detail. In the course of this, it was pointed out that there were many subdivisions of lead sc rap, as set out in Industry publications. Batteri es and battery scrap, although co ntaining lead, were a cause of concern if considered as "lead in massive form", butit was pointed out that battery scrap had its own list entry and that this had alr eady been proposed for list A. 59. There was discussion on means of defining "massive form", a nd that this might focus on a particle size. Vie ws differed on the feasibili ty of reaching agreement. Toxicity due to inhalati on and ingestion were relate d to particle size. 60. Industry offered an illustrati ve summary of the case for le ad scrap being assigned to the B list by identif ying toxicity, exposure, bioav ailability, etc. issues which they felt confirmed it s non-hazardous characteristic. 61. An observer restated a legal argument in favour of A list, and the nonrelevance of "massive form", propos ing that a decision should b e deferred pending a view of the legal issue by the Ad Hoc Working Group o f legal and technical experts. 62. After preliminary discussions on the issue and in response to the request made by the Chair for suggestion s and illustrative examples, a need was felt to arise at a consensus in consulta tion with Parties. Accordingly, the Chairman requested observers to leave the meeting so that his proposal c ould be debated by national delegates only. The Co-chair requested that discuss ion be confined to technical considerations and that economic and legal issues be put to one side for the time being. 63. The proposals of the Chairman comprised proposed assignmentof the various waste streams listed in Annex I of the Sub-Working grou p 1 agenda into the preliminary lists A or B, a s set out in document UNEP/CHW/W G.4/10/2. Discussion and decisions were as follows:Annex I - Section I (Metal waste in massive form) (1) Y29 Mercury (in massi ve form) - placed in A3 (2) Y24 Arsenic; Arsenic Co mpounds - placed in A2 (3) Y30 Thallium, Thallium Compounds - placed in A2 (4) Adoption of A5 (i.e. Lead-Ac id batteries, whole or crushed) , as provisionally agreed at the informal meeti ng in Geneva - agreed to adopt (5) Metal Scrap, including allo ys, in bulk finished form (e.g. sheet, plate and/or beams and rods, etc.) excepting A5 from: Y20 Beryllium Y25 Selenium Y26 Cadmium Y27 Antimony Y28 Tellurium Y31 Lead 64. The Chairman proposed assigni ng these to the B list by crea ting B.1(b) and renumbering B.1 as B.1 (a). It was also sugge sted that the word "scrap" should be added to clarify that this list would only pertain to the me tal scrap. It was further proposed that it should be stated that it would be limi ted to clean, uncontaminated material. This wa s accepted by the group subjectto reservations by Spain and Sweden. 65. On the issue of some States being anxious to retain notific ation procedures for these materials, it was agreed that although B list materia ls would not attract this directly via the Basel Conv ention, States could invoke Art icle 1.1(b) to reassign these as hazardous waste s for national purposes, and h ence reestablish notification requirements. Annex I - Section II (Wastes consisting of alloys) (6) Metal waste and waste consis ting of alloys excepting B2, co nsisting of: Y20, Y24, Y25, Y26, Y27, Y 28, Y29, Y30 and Y31. 66. The Chairman's proposal tha t these be assigned to the A lis t was accepted.67. Observers were re-admitted to the meeting. The Chairman out lined what had been discussed and dealt wit h clarifications. The meeting then continued with its main agenda, working through th e items in Annex I to that agend a. Annex I - Section III (Metal compounds) 68. Y22 (Copper Compounds) and Y23 (Zinc Compounds) - Agreed to leave on C list, but to seek to use the revi ew mechanism for those indiv idual compounds submitted for consideration. Annex I - Section IV(Wastes on list C requiring priori ty attention as referred to by the Informal Meeting, Geneva, March 1996) 69. Iron and steel - already deal t with, but insert "scrap" in B1 for consistency. 70. Zinc, Copper, Lead - already dealt with. 71. Electronic Scrap and Sweep - dealt with by Sub-working grou p 2. 72. Galvanic Sludges - dealt wit h by Sub-working group 2. 73. Used batteries: After some d iscussion, including proposals for both lists A and B, it was agreed that Indus try and Greenpeace would generat e a list of battery types, and constituents, with proposals for assignment of each type to lists A or B. 74. Waste hydrates of aluminium and waste alumina: It was agree d that Industry would gather further information and hold discussions with Gree npeace. Annex I - Section V(Other wastes on list C) 75. C1 Residues from aluminium p roduction, etc.: Industry expla ined that as aluminium was not on Annex I, theyhad not compiled information . It was agreed to deal with this under the arr angements in the preceding secti on on waste aluminium hydrate and alumina. 76. C4 Leaching residues from zinc processing, etc.: After an i nitial proposal that this go to list A, there was so me debate as to the precise prob lems encountered with the waste. Canada did not be lieve all wastes under this de scription were list A, but accepted an A listing subj ect to its reservation being n oted. 77. C5 Precious metal bearing residues in solid form containing trace inorganic cyanides: there was debate as to w hether concerns over this was te originatedfrom the cyanide present, or from other Annex I substances whic h could be present. Several delegates sugges ted that their experience of t hese wastes did not indicate problems, and that l evels of trade were low, and r ather specialized. It was agreed that list B would be appropriate, subject to the tit le being amended to specify that there should be no other Annex I constituent prese nt in quantities sufficient to trigger an AnnexIII hazardous characteristic. 78. C6 Precious metal ash. 79. The group considered, in additi on, the priority list of was tes under C-24 to C28. 80. The placement of "coal fired power plant fly ash" was debat ed and it was agreed that there is a need to pla ce it on list A as well as on list B. The following were proposed by Canada: List A "Coal fired power plan t fly ash containing Annex I subst ances in concentrations sufficient to exh ibit Annex III characteristics" List B "Coal fired power plan t fly ash" only Indonesia, however , expressed their reservation on the above proposal. 81. The group discussed the possibl e sources of spent activated carbon (C-25). It was agreed that "spent activ ated carbon" would also require double entry on both lists A and B as there were distinct waste steams with haz ardous and nonhazardous characteristics. Accord ingly the following was adopte d: List A "Spent activated car bon not included in list B" List B "Spent activated carbon, r esulting from the treatment of potable water and process of the food industry and vitamin production" It was agreed by the group that " waste, parings and scrap of ru bber" (C-26) and "used pneumatic tyres" (C-27) to be placed on list B. 82. The group considered that C- 28 "paring and other waste of l eather or of composition leather not suitabl e for the manufacture of leatherarticles, excluding leather sludges" and agreed that i t should be listed similar to the "leather dust, ash, sludges and flours" (C-16) b y providing a dual entry in li st A and B using the wordings for list A "paring and ot her waste of leather or of co mposition leathernot suitable for the manufacture of leather articles, excluding leather sludges, containing hexavalent chromium compounds or biocides" for list B "paring and other waste of leather or of compo sition leather not suitable for the manufacture of leather articles, excluding leather sludges, not containing hexavalent chromium compounds and biocides" Review procedures 83. The Sub-working group agreed on the Application Form for th e Technical Working Group Review Procedures (Appendix VI to this Report). 84. The group agreed on the followi ng procedures in relation to the presentation of this application form for cons ideration of the Technical Wor king Group under the Basel Convention or any oth er special group to deal with re view procedures if so decided by the meeting of the Contracting Parties: - Any Contracting Party, observe r State, national authority, NG O, company or individual person has the righ t to fill in the application form with the proposed placement of wastes under list A o r list B and present it to na tional authorities for the Basel Convention within its country. It is fo r the Governme nt to decide how and through which Competent Author ity and/or Focal Point of the Basel Convention this application fo rm will be forwarded to the Secre tariat of the Basel Convention. - It is understood that the Compet ent Authority(ies) and/or Foc al Point is/are to decide if it considers the applic ation form properly filled in and if it agrees to forward this application form fo r consideration at the next mee ting of the Technical Working Group. - The Technical Working Group orany special group with compete ncies to review the application form will consider the application at its next meeting if possible. If the Technical Working Group w ould be of the opinion that the sp ecial additional information, explanation or anyfurther advice would be needed, it would have the right to approach appropriate bod ies/authorities/NGO including private sector/industry for the necessary expertise. B. Report of the Sub- working group 285. The Sub-working group discu ssed a number of elements develo ped by the Technical Working Group that it considered useful for conductin g its work in conjunction with the placement o f wastes on list A or list B, a nd the assessment of wastes on list C. It endorsed t he progress made by the two i nformal meetings of technical experts (January and March 1996), in particular co ncerning the proposal for establishing three lists (A, B and C), noting, how ever, that there is a need to clarify links with Annex I-Y categories. 86. The Sub-working group recognized the need to clarify the me aning of list A (wastes subject to the Basel Co nvention) to facilitate placemen t of wastes that are currently on list C. It could not come to an agreement as t o the proper wording required to ensure such clarification and defer discuss ion on this item to a later time. 87. The development of criteria t hat could be used to place was tes on list C was discussed. The experts reiterate d that the first set of criteri a to use is Annex III hazardous characteristics for wa stes identified in Annex I. How ever, where this does not lead to the possibility of assigning wastes to the lis t, the group pointed out that other criteri a could be used to assist in characterizi ng wastes as hazardous as already pointed outthrough the on-going work of t he Technical Working Group. While discussing th is item, the Sub-working grou p made reference to the proposals pres ented by Indonesia concerning pl acement of Clisted wastes to list A or list B , and document UNEP/CHW/WG.4/1 0/3 (Elements that could be considered useful i n assessing wastes placed on l ist C). 88. The Sub-working group decided to initiate work on the prior ity C list (ref. Appendix 3 to the Report of the Informal Meeting, March 1996, UNEP/CHW/MT.2/4). 89. While considering wastes p laced on the list C requiring pri ority attention, the Sub-working group did not reviewthe following wastes as they w ere the subject of discussion in the Sub-wo rking group 1, namely:
CIron and steel, zinc, copper, l ead and aluminium scrap
CUsed batteries or accumulators , whole or crushed, other than l ead-acidbatteries, and waste and scrap ar ising from the production of b atteries and accumulators, not elsewher e specified or included
CWaste hydrates of aluminium and waste alumina
CWastes from production, formula tion and use of reprographic an d photographic chemicals and materials not els ewhere specified or included 90. Further consideration was gi ven to a number of different pr oposals concerning A electronic scrap and sweep @ regarding definitions and possible placement onto list A or B. A s mall group was set up under the chairmanship of Switzerland to deal w ith the matter: 91. Concerning the placement of A basic solutions @ , it was decided to refer to speciation and to the UN Recomm endations on the Transport of Da ngerous Goods. The discussion was post poned until further information i s being obtained. 92. Concerning the placement of Awaste from the production, formulation and use of resins, latex, plasticisers, glues and adhesives @ , it was decided to maintain it on list C awaiting su bstantial information to be pr ovided by governments and industry in particular. The group agreed to further assess placement of this waste at the nex t informal meeting of technic al experts (June 1996). 93. As regard A gypsum arising from chemical industry processes @ the Subworking group agreed to provide ent ries into both lists A and B . For waste oils unfit for their originally int ended use, the group decided to u se the description of Annex I to the Basel Convention. And for A brake fluids @ , the group recognized that although this waste can pres ent important hazardous charac teristics, it decided not to place it on any list as it could not identify itas an Annex I waste category. 94. The Sub-working group agreed to the placement on list A or B of the following wastes: Approved entries on list A - Galvanic sludges - Liquors from the pickling of metals- Gypsum arising from chemical i ndustry processes, when contain ing Annex I constituents to the extent that it exhibits an Annex III hazard ous characteristic - Thermal (heat transfer) fluids - Waste mineral oils unfit for their original ly intended use Approved entries on list B - Calcium fluoride sludge - Gypsum arising from chemical i ndustry processes, not included in list A 95. The Sub-working group further considered the wastes placed on list C requiring priority attention and agreed to the placement on lis t A or B of the wastes specified in paragraph 99 . The wastes for which an entrywas maintained on list C and new entry are als o included under paragraph 99. 96. While considering A ethers @ and A surface active agents (surfactants) @ , the Sub-working group was of the opinion that they were very broad categories for which specific information was insufficient. Concerning A surface active agents (surfactants) @ , the group felt that further inv estigation was necessary to establish a link with Annex I categories of wastes. Consequentl y, the group decided to maintain these wastes on list C until further clarif ication could be provided. The Group invited Part ies and non-Parties as well as industry to provide the Secretariat with su ch specific information before m id-July 1996 to enable further consideration of t hese wastes at the eleventh se ssion of the Technical Working Group (September 1996). 97. For A leather dust, ash, sludges and flours @ , the group decided to adopt two entries one in A and one in B to t ake into consideration the se rious problems faced by a number of countries due to the presence of hexavalen t chromium compounds or contaminat ion with biocides. 98. When assessing Awastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish @ , the group decided for an entry on list A and also to maintain one entry on lis t C. Although full support was given for placement of this waste on list A, consideration was given to t he need to further assess the hazardousness of wate r-based/latex paints and harden ed varnishes.A provisional text was prepar ed for an entry on list C to coverthis concern. Parties, non-Parties and industry were invited to submit releva nt information to the Secretariat on this point. 99. Approved entries on list A - Nitrocellulose - Leather dust, ash, sludges and fl ours when containing hexaval ent chromium compounds and/or biocides - Fluff-light fraction from shredding - Wastes from the manufacture, formulation and use of wood pres erving chemicals - Waste oils/water, hydrocarbons/water mixtures, emulsions - Wastes from the production, form ulation and use of inks, dyes , pigments, paints, lacquers, varnish - Electrical and electronic a ssemblies and/or scrap containing components such as accumulators and other batteries, mercury-switches, glass fr om cathode-ray tubes and other activated glass and PCB-capacitors, or contamin ated with Annex I constituents (e.g. cadmium, mer cury, lead, polychlorinated bi phenyls) to an extent that they possess any of t he characteristics contained i n Annex III Approved entries on list B - Leather dust, ash, sludges and fl ours not containing hexavale nt chromium compounds and biocides - Electrical and electronic a ssemblies and/or scrap (including printed circuit boards) not containing components su ch as accumulators and othe r batteries, mercury-switches, glass from c athode-ray tubes and other activa ted glass and PCB-capacitors, or not contami nated with Annex I constituents ( e.g. cadmium, mercury, lead, polychlorinated bi phenyls) or from which these h ave been removed, to an extent that theydo not possess any of the chara cteristics contained in Annex III- Electrical and electronic asse mblies (including printed circu it boards, electronic components and wires) destined for di rect re-use, and not for r ecycling or final disposal Concerning these entries on lists A and B respectively, furtherchanges were made which are reflected in the Appendix V to this Report. Wastes on list C - Ethers - Surface active agents (surfactants) - Wastes from the production, form ulation and use of food dyes, waterbased/latex paints and hardened varn ishes (provisional text) APPENDIX I List A List of wastes characterized as hazardous under Article 1 paragraph 1(a) of the Convention
[Designation of a waste on list Adoes not preclude the use of Annex III (hazard characteristics) to demonstrate that a waste is not hazardous.] A 1 Waste having as constituent s or contaminants, excluding was te consisting of alloys or metal waste in massive form: - Beryllium; beryllium compounds - Arsenic; arsenic compounds - Selenium; selenium compounds - Cadmium; cadmium compounds - Antimony; antimony compounds - Tellurium; tellurium compounds - Mercury; mercury compounds - Thallium; thallium compounds - Lead; lead compounds A 2 Wastes consisting of alloys c ontaining mercury; mercury com pounds. A 3 Wastes consisting of the fo llowing metals in massive form: - Arsenic - ThalliumA 4 Wastes having as constituents: - metal carbonyls - hexavalent chromium compounds A 5 Lead-acid batteries, whole or crushed A 6 Glass waste from cathode-ra y tubes and other activated glas ses A 7 Inorganic fluorine compounds in the form of liquids or slud ges but excluding such wastes specified on list B or list C. A 8 Waste catalysts but excluding such wastes specified on listB or list C A 9 Waste from the production or p rocessing of petroleum coke a nd bitumen A 10 Waste mineral oils unfit for their originally intended use A 11 Leaded petrol (gas oline) sludges A 12 Phenols, phenol c ompounds including chlorophenol in the fo rm of liquids or sludges A 13 Organic phosphorous compounds A 14 Non-halogenated o rganic solvents but excluding such wastes specified on list B or list C A 15 Halogenated organic solvents A 16 Halogenated or unhalogenated non-aqueous distillation resi dues arising from organic solvent recovery operations A 17 Wastes arising from the pr oduction of aliphatic halogenate d hydrocarbons (such as chloromethanes, dichlor o-ethane, vinyl chloride, vinyl idene chloride, allyl chloride and epichlorhydrin) A 18 Wastes from the production and preparation of pharmaceutic al products but excluding such wastes spec ified on list B or list C A 19 Wastes from the production, fo rmulation and use of biocide s and phytopharmaceuticals A 20 Wastes that contain, consist o f or are contaminated with a ny of the following:- inorganic cyanides, excepting pr ecious metal-bearing residues in solid form containing traces of inorganic cyanides - organic cyanides A 21 Wastes of an explosive natur e but excluding such wastes sp ecified on list B or list C A 22 Single use cameras with batteries A 23 Wastes from industrial pollu tion control devices for clean ing of industrial offgases but excluding such wastes specified on list B or list C A 24 Wastes, substances and arti cles containing, consisting of or contaminated with polychlorinated biphenyl (PCB ), polychlorinated terphenyl (PCT), or polybrominated biphenyl (PBB), i ncluding any other polybrominat ed analogues of these compounds, at a concentration level of 50 mg/kg or more A 25 Waste tarry residues (exclud ing asphalt cements) arising f rom refining, distillation and any pyrolitic tr eatment of organic materials A 26 Asbestos (dusts and fibres) A 27 Wastes that contain, consist o f or are contaminated with a ny of the following: - any congenor of polychlorinated dibenzo-furan - any congenor of polychlorinated dibenzo-dioxin A 28 Wastes that contain, consist o f or are contaminated with l eaded anti-knock compound sludges A 29 Wastes that contain, consist o f or are contaminated with p eroxides

APPENDIX II List B Wastes placed on list B will not be wastes covered by Article 1, paragraph 1(a) of the Basel Convention unless they contain Annex I material to an extent causing them to ex hibit an Annex III characteristic B 1 Metal and metal-alloy wastes in metallic, non-dispersible form: - Precious metals (gold, silver , the platinum group, but not me rcury) - Iron and steel scrap- Copper scrap - Nickel scrap - Alumium scrap - Zinc scrap - Tin scrap - Tungsten scrap - Molybdenum scrap - Tantalum scrap - Magnesium scrap - Cobalt scrap - Bismuth scrap - Titanium scrap - Zirconium scrap - Manganese scrap - Germanium scrap - Vanadium scrap - Scrap of Hafnium, Indium , Niobium, Rhenium and Gallium - Thorium scrap - Rare earths scrap B 2 Metal bearing wastes arising from melting, smelting and ref ining of metals: - Hard zinc spelter - Zinc-containing drosses: - Galvanizing slab zinc top dross (>90% Zn) - Galvanizing slab zinc bottom dross (>92% Zn) - Zinc die casting dross (>85% Zn) - Hot dip galvanizers slab zi nc dross (batch)(>92% Zn) - Zinc skimmings - Aluminium skimmings - Slags from precious metals [a nd copper] processing for furthe r refining - Tantalum bearing tin sl ags with less than 0.5% tinB 3 Other wastes containing metal: - electronic assemblies consisti ng only of metals or alloys; - precious metals and alloy wast es (gold, silver, the platinum group, but not mercury) in a dispersible, non- liquid form with appropriate pac kaging and labelling. B 4 Wastes from mining operatio ns in non-dispersible form: - Natural graphite waste - Slate waste, whether or not roughl y trimmed or merely cut, bysawing or otherwise - Mica waste - Leucite, nepheline and nepheline syenite waste - Feldspar waste - Fluospar waste - Silica wastes in solid form e xcluding those used in foundry o perations B 5 Glass waste in non-dispersible form:
CCullet and other waste and scrap of glass except for glass fro m cathode-ray tubes and other act ivated glasses B 6 Ceramic wastes in non-dispersible form:
CCermet wastes and scrap (m etal ceramic composites)
CCeramic based fibres not els ewhere specified or included B 7 Other wastes containing pr incipally inorganic constituents:
CPartially refined calcium su lphate produced from flue gas desu lphurisation (FGD)
CWaste gypsum wallboard or plast erboard arising from the demoli tion of buildings [ CSlag from copper production, chem ically stabilized, having a h igh iron content (above 20%) and process ed according to industrial specification s (e.g. DIN 4301 and DIN 8201) mainly for constr uction and abrasiv e applications ]
CSulphur in solid form
CLimestone from the production of c alcium cyanamide (having a p H less than 9)CSodium, potassium, calcium chlorides
CCarborundum (silicon carbide)
CBroken concrete
CLithium-Tantalum and Lithium-N iobium containing glass scraps B 8 Paper, paperboard and paper product wastes The following materials, provi ded they are not mixed with otherwastes and are prepared to a specification:
CWaste and scrap of paper or paperboard of: - unbleached paper or paperboard or of corrugated paper or pape rboard - other paper or paperboard, made ma inly of bleached chemical p ulp, not coloured in the mass - paper or paperboard made mainly o f mechanical pulp (for examp le, newspapers, journals and sim ilar printed matter) - other, including but not limited to: 1) laminated paperboard 2) unsorted scrap B 9 Textile wastes The following materials, provi ded they are not mixed with otherwastes and are prepared to a specification:
CSilk waste (including cocoons uns uitable for reeling, yarn was te and garnetted stock) - not carded or combed - other
CWaste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock - noils of wool or of fine animal hair - other waste of wool or of fine animal hair - waste of coarse animal hair
CCotton waste (including yarn waste and garnetted stock) - yarn waste (including thread waste)- garnetted stock - other
CFlax tow and waste
CTow and waste (including yarn w aste and garnetted stock) of tr ue hemp (Cannabis sativa L.)
CTow and waste (including yarn w aste and garnetted stock) of ju te and other textile bast fibres (excluding flax, true hemp and ramie)
CTow and waste (including yarn w aste and garnetted stock) of si sal and other textile fibres of the genus Agave
CTow, noils and waste (including yarn waste and garnetted stock ) of coconut
CTow, noils and waste (including yarn waste and garnetted stock ) of abaca (Manila hemp or Musa textilis Nee )
CTow, noils and waste (including yarn waste and garnetted stock ) of ramie and other vegetable textile fibres, notelsewhere specified or incl uded
C Waste (including noils, yarn wa ste and garnetted stock) of man -made fibres - of synthetic fibres - of artificial fibres
C Worn clothing and other w orn textile articles
CUsed rags, scrap twine, cordage , rope and cables and worn out articles of twine, cordage, rope or cables of textile materials - sorted - other B 10 Rubber wastes The following materials, provi ded they are not mixed with otherwastes:
CWaste and scrap of hard rubber (e.g. ebonite)
COther rubber wastes excluding such wastes specified on list C B 11 Untreated cork and wood waste:
CWood waste and scrap, whether or not agglomerated in logs, bri quettes, pellets or similar forms
CCork waste: crushed, granulated or ground corkB 12 Wastes arising from agro-food industries provided it is no t infectious:
CWine lees
CDried and sterilized vegetable wa ste, residues and byproducts, whether or not in the form of pellets, of a ki nd used in animal feeding, not e lsewhere specified or included
CDegras: residues resulting from the treatment o f fatty substan ces or animal or vegetable waxes
CWaste of bones and horn-cores, unworked, defatted, simply prep ared (but not cut to shape), treated with acid or degelatinised
CFish waste
CCocoa shells, husks, skins and other cocoa waste
COther wastes from the agro-food industry excluding by-products which meet national and inter national requirements and standards for human or animal consumption B 13 The following wastes:
CWaste of human hair
CWaste straw
CDeactivated fungus mycelium from penicillin production to be u sed as animal feed B 14 Solid plastic waste: The following plastic or mixed pl astic materials, provided theyare not mixed with other wastes and are prepar ed to a specification:

. Scrap plastic of polymers and co-polymers of: - ethylene - styrene - polypropylene - polyethylene terephthalate - acrylonitrile - butadiene - polyacetals- polyamides - polybutylene terephthalate - polycarbonates - polyethers - polyphenylene sulphides - acrylic polymers - alkanes C10-C13 (plasticiser) - polyurethane (not containing CFCs) - polysiloxanes - polymethyl methacrylate - polyvinyl alcohol - polyvinyl butyral - polyvinyl acetate

. Resins or condensation products: - urea formaldehyde resins - phenol formaldehyde resins - melamine formaldehyde resins - expoxy resins - alkyd resins - polyamides

APPENDIX III Wastes to be added to List C Antifreeze fluids A distinction should be made between older formulations which may contain Annex I chemicals a nd may be hazardous, and newer formulations designed to be non-hazardous. Ethers Many ethers are likely to be haz ardous but some are not. It maybe possible to arrive at specific ca tegorization by reference to e xisting documentation. Chlorofluorocarbons and halonsMost of these materials do not exh ibit hazard characteristics e xcept for a very broad interpretation of H32 to encompass their impact on the oz one layer, which is the subject of the Montreal P rotocol. Those which exhibit An nex III properties more immediately should in the first instance be identified and placed on list A. The remainder should remain on list C pending further elaborati on of H32. Anode butts Anode butts from some processes (e .g. aluminium smelting) may contain hazardous constituents and need to be listed on list A. Others, for example from steel processing , are not hazardous and should be on list B. Anode butts are therefore placed on list C until these categori es have been elaborated. Neutralized red mud from alumina production This material can contain si gnificant quantities of Annex I con taminants. The case for its entry on list B is not yet accepted by the Technic al Working Group. There may also be a need to make reference to the pH of the mat erial. APPENDIX IV Waste about which particular concerns were expressed These five categories of wastes can present important hazard ch aracteristics. However, it is not immediately obvious that they are covered byAnnex I. In that case they should be drawn to the a ttention of the Contracting P arties along with wastes of similar concern identif ied already by the Technical W orking Group. - Asbestos (forms other t han dust and fibres (Y36)); - Ceramic-based fibres of physico -chemical characteristics simi lar to those of asbestos; - Aluminium skimmings; - Brake fluids - Silver halides

APPENDIX V Wastes to be added tolists A, B and C Proposals for wastes to be added to List A- Add to A3: Mercury - Add to A2: Arseni c; arsenic compounds - Add to A2: Thallium; thallium compounds - Metal waste and waste consisting of alloys of: - Beryllium - Arsenic - Selenium - Cadmium - Antimony - Tellurium - Mercury - Thallium - Lead not included on list B. - Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, etc. - Precious metal ash from inci neration of printed circuit board s not included on list B. - Coal fired power plant fly as h containing Annex I substances in concentrations sufficient to exhibit An nex III characteristics. - Spent activated car bon not included on list B. - Paring and other waste of leathe r or of composition leather n ot suitable for the manufacture of leather articles , excluding leather sludges, con taining hexavalent chromium compounds or biocides. - Nitrocellulose - Leather dust, ash, sludges and fl ours when containing hexaval ent chromium compounds or biocides - Fluff - light fract ion from shredding - Wastes from the manufacture, formulation and use of wood pres erving chemicals- Waste oils/water, hydrocarbons/water mixtures, emulsions - Wastes from the production, form ulation and use of inks, dyes , pigments, paints, lacquers, varnish excludi ng any such waste specified on list B and list C - Electrical and electronic asse mblies or scrap containing comp onents such as accumulators and other batteries included on list A, mercury-sw itches, glass from cathode-ray tubes and other activ ated glass and PCB-capacitors, or contaminated with Annex I constit uents (e.g. cadmium, mercury, lead, polychlorinated bipheny l) to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B) - Galvanic sludges - Liquors from the pickling of metals - Gypsum arising from chemical i ndustry processes, when contain ing Annex I constituents to the extent thatthey possess any of the charact eristics contained in Annex III - Thermal (heat transfer) fluids - Waste mineral oils unfit for their original ly intended use - Wastes from the production, form ulation and use of biocides a nd phytopharmaceuticals, including pesticides and herbicides which are offspecificatio n, out-dated 6 , or unfit for their or iginally intended use Proposals for wastes to be added to List B - Clean, uncontaminated metal scr ap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc), of: Beryllium scrap Selenium scrap Cadmium scrap Antimony scrap Tellurium scrap Lead scrap (but excluding le ad-acid batteries) - Precious metal bearing residue s in solid form which contain t races of inorganic cyanides- Coal fired power plant fly ash, not included on List A - Spent activated carbon result ing from the treatment of potabl e water and processes of the food indus try and vitamin production - Waste pairings and scrap of rubber - Paring and other wastes of leat her or of composition leather not suitable for the manufacture of leather articles , excluding leather sludges, notcontaining hexavalent chromium compounds and biocides (note the related en try on list A) - Calcium fluoride sludge - Gypsum arising from chemical industry processes not included on List A - Precious metal ash from the incineration of printed circuit b oards (note the related entry on list A) - Precious metal ash from the incineration of photographic film (note the related entry on list A) - Cleaned spent precious me tal-bearing catalysts - Photographic film containing s ilver halides and metallic silv er - Photographic paper cont aining silver halid es and metallic sil ver - Mill scaling arising from the manufacture of iron and steel - Granulated slag arisi ng from the manufactu re of iron and stee l - Leather dust, ash, sludges or flours not containing hexavalen t chromium compounds or biocides (note t he related entry on list A) - Electrical and electronic assemblies or scrap 7(including printed circuit boards) not containing components such as accumulators and other batter ies included on list A 8 , mercury-switches, glass from cathode-ray tubes and other acti vated glass and PCB-capacitors, or not cont aminated with Annex I constituen ts (e.g. cadmium, mercury, lead, polych lorinated biphenyls) or from whic h these have been removed, to an extent thatthey do not possess any of the characteristics contained in Annex III (note the related entry on list A) - Electrical and electronic asse mblies (including printed circu it boards, electronic components and wires) valid for di rect re-use, and not for recy cling or final disposal. 9Wastes placed on list C requi ring priority attention 1. Clinical wastes 2. Copper compounds 3. Zinc compounds 4. Ethers 5. Surface active agents (surfactants) 6. Wastes from the production, fo rmulation and use of food dyes , waterbased/latex paints and hardened varnishes 7. Acidic solutions 8. Basic solutions 9. Antifreeze fluids 10. Chlorofluoroc arbons and halons 11. Anode Butts 12. Neutralized red mud from alumina production 13. Contaminated pack ages and containers 14. Off specification and outdated toxic chemicals 15. Scrap assemblies from ele ctrical power generation 16. Used pneumatic tyres 17. Polychlorinated naphthalenes 18. Wastes from the production, fo rmulation and use of resins, latex, plasticizers, glues/adhesives 19. Waste chemical substances a rising from research and develop ment or teaching activities which are not identified and/or are new and whose effects on man and/or the environment are not known 20. Residues arising from industr ial waste disposal operations 21. Used batteries 22. Waste hydrates of aluminium and waste alumina

APPENDIX VI THE BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSALTechnical Working Group Application Form for the Review Procedures Proposed placement : 9 List A
9 List B Name of Contracting Party/Observ er State transferring applicati on to the TWG :
Applicant : Contracting Party 9 Observer State 9 Authority 9 NGO 9 Company 9 Individual Person 9

Address :

Tel: Fax: Date:

Waste Identification : Name of waste: Origin of waste: Physical form: Major chemical constituents: Typical contaminants:

Waste Code : Y-No(s).: UN-class: H-No(s).: UN-No.: IWIC: OECD: EWC: Other:

Recovery operation :In the applicant = s country, is the waste legally defined as or considered to be a hazardous waste? Yes No

Commercial classification :

Is the waste routinely traded thro ugh established channels and is that evidenced by commercial classifications? Yes No Specify classification number/syst em, if any (e.g. Harmonized C ode, BIR, ISRI, IPMI, etc.):

References : If the waste belongs to any cat egory contained in Annex I of th e Basel Convention, facts that can pr ove that the waste normallydoes/doesn = t possess any of the characteristics cont ained in Annex II I, e.g. data from the literature.

April 1996