Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the seventeenth Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal with regard to certain amendments of Articles and Annexes in that Convention.
Date: 2025-02-17
Institutions: Directorate-General for Environment, European Commission
Subjects: exchange of information, export of waste, hazardous waste, international convention, revision of an agreement, transport of dangerous goods, waste disposal

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 17.2.2025  COM(2025) 43 final 2025/0024 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the seventeenth Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal with regard to certain amendments of Articles and Annexes in that Convention.   
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns a decision establishing the Union’s position at the Conference of the 
Parties  to  the  Basel  Convention,  with  respect  to  the  European  Union’s  proposal  to  amend 
Annex IV of this Convention and to the Russian Federation’s proposal to amend Article 6 of 
this Convention. The next  meeting is  scheduled to  take place  in  Geneva from  28  April to  9 
May  2025  (17th  meeting  of  the  Conference  of  the  Parties).  The  two  proposals  mentioned 
above were already discussed at the 15th and 16th meeting of the Conference of the Parties, in 
June 2022 and May 2023. The position of the Union on these proposals for the 15th and 16th 
meeting of the Conference of the Parties was defined by Council Decisions (EU) 2020/1829 
of  24  November  20201,  (EU)  2022/1025  of  2  June  20222  and  (EU)  2023/1007  of  25  April 
20233. A new Council Decision is needed for the next meeting of the Conference of Parties on 
these proposals. 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The  Basel  Convention  on  the  Control  of  Transboundary  Movements  of 
Hazardous Wastes and their Disposal  

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and 
their  Disposal  (‘the  Convention’)  was  adopted  on  22  March  1989  and  entered  into  force  in 
1992. The European Union, as well as its Member States, are Parties to the Convention4. The 
Convention has 191 Parties. 

The Convention’s cornerstone is a control system for the export, import and transit of certain 
types of waste, through the procedure of “prior informed consent”. Exports of waste subject to 
the  Convention  shall  be  notified  in  advance  to  the  competent  authorities  of  the  States  of 
import  and  transit.  The  notifications  shall  be  made  in  writing  and  shall  contain  the 
declarations and information specified in Annex V A to the Convention. A waste export may 
only proceed if and when all States concerned have given their written consent (Article 6 of 
the Convention). 

The Convention’s control system applies to hazardous waste defined in Article 1 and listed in 
Annex VIII to the Convention, as well as to waste listed in Annex II, which contains waste 
collected from households, residues arising from the incineration of household waste, certain 

1 

2 

3 

4 

Council Decision (EU) 2020/1829 of 24 November 2020 on the submission, on behalf of the European 
Union,  of  proposals  to  amend  Annex  IV  and  certain  entries  in  Annexes  II  and  IX  to  the  Basel 
Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal for 
consideration at the fifteenth meeting of the Conference of the Parties, and on the position to be adopted 
on  behalf  of  the  European  Union  at  that  meeting  as  regards  proposals  by  other  Parties  to  that 
Convention to amend Annex IV and certain entries in Annexes II, VIII and IX to that Convention (OJ L 
409, 4.12.2020, p. 28–33). 
Council Decision (EU) 2022/1025 of 2 June 2022 on the position to be taken on behalf of the European 
Union at the fifteenth meeting of the Conference of the Parties to the Basel Convention on the Control 
of  Transboundary  Movements  of  Hazardous  Wastes  and  their  Disposal  with  regard  to  certain 
amendments to paragraph 2 of Article 6 of that Convention (OJ L 172, 29.6.2022, p. 11–12). 
Council  Decision  (EU)  2023/1007  of  25  April  2023  on  the  position  to  be  taken  on  behalf  of  the 
European Union at the sixteenth meeting of the Conference of the Parties to the Basel Convention on 
the  Control  of  Transboundary  Movements  of  Hazardous  Wastes  and  their  Disposal  with  regard  to 
certain amendments of Articles and Annexes in that Convention (OJ L 136, 24.5.2023, p. 57–58). 
Council  Decision  93/98/EEC  concerning  the  conclusion,  on  behalf  of  the  Community,  of  the  Basel 
Convention  of  22  March  1989  on  the  control  of  transboundary  movements  of  hazardous  wastes  and 
their disposal, OJ L 39, 16.2.1993, p. 1. 

EN 

1 

  EN 

 
plastic wastes and non-hazardous e-waste. The Convention also lists waste entries in Annex 
IX which do not fall within its scope and control system unless such waste contains a material 
belonging to a category in Annex I to an extent causing it to exhibit a hazardous characteristic 
listed in Annex III. 

2.2. 

The Conference of the Parties 

The Conference of the Parties to the Basel Convention is the principal decision-making body 
of the Convention. It has powers to amend the Annexes to the Convention and it meets every 
two years.  

2.3. 

The proposed amendments to the Convention  

Proposed amendment of Annex IV of the Convention by the Union 

The review of Annexes I, III and IV and related aspects of Annex IX to the Convention was 
initiated by  the 12th  meeting of the Conference of the Parties  (COP-12) by its decision BC-
12/15.  
The  13th  meeting  of  the  Conference  of  the  Parties  (COP-13)  decided  to  establish  an  expert 
working group (EWG) for the review of the above annexes. 

The EWG has issued a number of recommendations and options for Parties to consider if they 
wish to submit proposals for COP consideration so as to amend and clarify the descriptions of 
disposal  operations  listed  in  Annex  IV  to  the  Convention.  The  proposals  will,  if  adopted, 
result in improved legal clarity and therefore facilitate controls of shipments of waste and the 
prevention  of  illegal  shipments.  They  will  also  support  the  environmentally  sound 
management of waste at global level and contribute to the transition towards a global circular 
economy.  

Following Council Decision (EU) 2020/1829, a proposal for the amendment of Annex IV was 
tabled on behalf of the Union on 3 December 2020, for discussion at COP-15. The proposal 
aims to improve the implementation of the Basel Convention, in particular through changes to 
the definitions of waste management operations and wastes to be controlled, contained in the 
Annexes  of  the  Convention.  The  proposal  was  discussed  at  COP-15  and  COP-16  of  the 
Convention,  in  June  2022  and  May  2023.  During  the  discussions,  many  Parties  expressed 
concerns regarding certain elements of the proposal. This is the case notably for specific new 
operations,  such  as  the  inclusion  of  “preparing  for  re-use”  as  a  new  waste  management 
operation, the introduction in Annex IV of operations occurring prior to submission to other 
operations  (“interim  operations”)  and  the  introduction  of  a  “catch-all”  clause  for  operations 
not  covered  by  other  operations  listed  therein.  Therefore,  additional  discussion  at  the  17th 
meeting of the Conference of the Parties will be needed to progress on this proposal.  

If amendments to Annex IV to the Convention are agreed by the COP, they will have to be 
implemented  in  the  EU  Waste  Framework  Directive  2008/98/EC6  (the  list  of  waste 
management  operations  corresponding  to  Annex  IV  to  the  Convention)  and  possibly 
Regulation (EU) 2024/11577. 

5 

6 

7 

EN 

is 

on 

available 

information 

the  website 

More 
http://www.basel.int/Implementation/LegalMatters/LegalClarity/ReviewofAnnexes/AnnexesI,III,IVand
relatedaspectsofAnnexes/tabid/6269/Default.aspx 
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives, OJ L 312, 22.11.2008, p. 3–30. 
Regulation  (EU)  2024/1157  of  the  European  Parliament  and  of  the  Council  of  11  April  2024  on 
shipments  of  waste,  amending  Regulations  (EU)  No  1257/2013  and  (EU)  2020/1056  and  repealing 
Regulation (EC) No 1013/2006; OJ L, 2024/1157, 30.4.2024. 

the  Basel  Convention, 

see 

of 

2 

  EN 

 
 
Proposed amendment of Article 6(2) of the Convention by the Russian Federation  
The  Russian  Federation  tabled  a  proposal  for  consideration  at  the  15th  meeting  of  the 
Conference  of  the  Parties,  designed  to  amend  the  first  sentence  of  Article  6(2)  of  the 
Convention (“the envisaged act”)8. This proposal was again put on the agenda during the 16th 
meeting of the Conference of the Parties. 
Discussions on the Russian Federation’s proposal took place at the 15th and 16th meetings of 
the Conference of the Parties. In accordance with the Council Decisions (EU) 2022/1025 of 2 
June 2022 and (EU) 2023/1007 of 25 April 2023, the Union did not support this proposal (see 
the section on the position to be taken on the Union’s behalf below for further information). 
Several like-minded Parties also did not support the Russian Federation’s proposal. However, 
other Parties expressed support for the proposal.  

As  a  result  of  these  discussions,  the  Conference  of  the  Parties  decided  to  postpone  the 
consideration of the Russian proposal first to COP16 and then, at that meeting, to COP17. 

The Russian Federation issued an updated proposal for the amendment of Article 6(2) of the 
Convention in  October 2024, not  altering the core of its proposal  but  changing  the timeline 
from 30 to 90 days. 

The  first  sentence  of  Article  6(2)  of  the  Convention  reads  as  follows:  “The  State  of  import 
shall  respond  to  the  notifier  in  writing,  consenting  to  the  movement  with  or  without 
conditions, denying permission for the movement, or requesting additional information”. 

The Russian Federation proposes to change this sentence through the addition of a time limit 
of 90 days within which a country of import should respond to the notifier (to consent to the 
planned shipment, deny its permission to this shipment, or to request additional information). 
In  addition,  the  proposal  consists  of  replacing  the  “,”  between  “conditions”  and  “denying” 
with “or”.  
The Convention is implemented in the Union through  Regulations (EC) No 1013/20069 and 
(EU) 2024/115710 on shipments of waste (“the WSR” hereafter11). Any modifications to the 
Convention  would  come  into  effect  in  the  EU  after  they  have  been  implemented  through 
amendments to this Regulation.  

The  current  rules  applying  to  the  Union  and  its  Member  States  already  foresee  a  30-day 
deadline for the importing country to respond to the notifier (see Article 8 of Regulation (EC) 
1013/2006). This also applies to other OECD countries, as per the OECD Decision12.  

For  the  Union,  the  only  practical  consequence  of  the  changes  linked  to  the  Russian 
Federation’s proposal would relate to the procedure for the export of notified waste from and 
to  non-OECD  countries.  As  export  of  waste  listed  under  Annex  VIII  and  Annex  II  to  the 
Convention  to  non-OECD  countries  is  banned  under  the  WSR,  the  change  triggered  by  the 
Russian proposal would only relate to “unlisted waste”, which, under Article 3(1)(b)(iii) and 

8 

9 

10 

11 

12 

is 

of 

proposal 

available 

the  website 

the  Basel  Convention, 

on 
The 
http://www.basel.int/TheConvention/Communications/tabid/1596/Default.aspx  
Regulation  (EC)  No  1013/2006  of  the  European  Parliament  and  of  the  Council  of  14  June  2006  on 
shipments of waste (OJ L 190 12.7.2006, p. 1). 
Regulation  (EU)  2024/1157  of  the  European  Parliament  and  of  the  Council  of  11  April  2024  on 
shipments  of  waste,  amending  Regulations  (EU)  No  1257/2013  and  (EU)  2020/1056  and  repealing 
Regulation (EC) No 1013/2006 (OJ L, 2024/1157, 30.4.2024, ELI: 
http://data.europa.eu/eli/reg/2024/1157/oj). 
Regulation  (EU) 2024/1157 has  entered  into  force  on  20 May  2024, but most  provisions  will  start  to 
apply in 2026. Until that time, Regulation (EC) 1013/2006 remains applicable.  
Decision  on  the  Control  of  Transboundary  Movements  of  Wastes  Destined  for  Recovery  Operations, 
https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0266  

see 

EN 

3 

  EN 

 
(iv)  of  the  WSR,  is  subject  to  the  procedure  of  “prior  informed  consent”.  The  amendment 
proposed by the Russian Federation would mean that, for these cases, the importing country 
would have to respond within 90 days to the notifier of a shipment from the Union destined to 
a non-OECD country.  

Procedures for the amendments of the Convention 

The  procedure  for  amending  the  Convention  is  governed  by  Article  17  of  the  Convention. 
Any  such  amendment  must  be  adopted  at  a  meeting  of  the  Conference  of  the  Parties.  An 
amendment  becomes  binding  on  those  Parties  that  deposit  their  instruments  of  ratification, 
approval,  formal  confirmation  or  acceptance  in  accordance  with  Article  17(5)  of  the 
Convention,  which  provides  the  following:  “Instruments  of  ratification,  approval,  formal 
confirmation  or  acceptance  of  amendments  shall  be  deposited  with  the  Depositary. 
Amendments  adopted  in  accordance  with  paragraphs  3  or  4  above  shall  enter  into  force 
between Parties having accepted them on the ninetieth day after the receipt by the Depositary 
of  their  instrument  of  ratification,  approval,  formal  confirmation  or  acceptance  by  at  least 
three-fourths of the Parties who accepted them or by at least two thirds of the Parties to the 
protocol  concerned  who  accepted  them,  except  as  may  otherwise  be  provided  in  such 
protocol. The amendments shall enter into force for any other Party on the ninetieth day after 
that Party deposits its instrument of ratification, approval, formal confirmation or acceptance 
of the amendments”. There is therefore a need for a ratification, approval, formal confirmation 
or  acceptance  by  three  quarters  of  the  Parties  to  the  Convention  (i.e.  144  Parties)  for  any 
amendment to the Convention to enter into force. 

So far, the body of the Convention has been amended once, through the addition of Article 4A 
and  a  subsequent  addition  of  Annex  VII  (“the  Basel  Ban  amendment”)  to  the  Convention. 
This amendment was agreed by the Conference of the Parties at its third meeting in 1995 and 
it entered into force in 2019, for those Parties that have ratified it.  

The procedure for amending the Annexes to the Convention is governed by Article 18 of the 
Convention  and  is  less  burdensome.  An  amendment  to  an  annex  becomes  effective  for  all 
Parties  to  the  Convention  which  do  not  submit  a  notification  indicating  that  it  is  unable  to 
accept  the  amendment  within  six  months  from    the  date  of    the    communication  of    the 
adoption. 

3. 

POSITION TO BE TAKEN ON THE UNION’S BEHALF 

Proposed amendment of Annex IV of the Convention by the Union 

In line with Council Decision (EU) 2020/1829 of 24 November 2020, the Union submitted a 
proposal  to  amend  Annex  IV  and  certain  entries  in  Annexes  II  and  IX  to  the  Convention, 
which contain inter alia the following elements: 

• 

• 

• 

Inclusion  of  (1)  a  general  introduction  clearly  distinguishing  the  terms  “final 
disposal” and “recovery”, and (2) clarifications that all waste management operations 
that occur or might occur in practice are covered regardless of their legal status and 
whether  they  are  considered  to  be  environmentally  sound,  and  that  also  operations 
occurring prior to submission to other operations (“interim operations”) are covered.  

Inclusion  of  captions  and  introductory  texts  explaining  what  is  meant  by  non-
recovery operations (Annex IVA) and recovery operations (Annex IVB), and      

clarifications on existing operations and introduction of new operations in Annex IV, 
which would aim,  inter alia, to  update and clarify the descriptions of operations in 

EN 

4 

  EN 

 
line with scientific, technical and other developments occurred since the Convention 
was adopted in 1989, and ensure, by the introduction of catch-all provisions, that all 
operations not specifically mentioned are covered by the Convention’s requirements.  

The proposal has the following objectives: 

• 

• 

• 

Ensure  that  the  appropriate  control  mechanisms  of  the  Convention  are  fully 
applicable and would therefore, if adopted, improve controls of shipments of waste 
and facilitate the prevention of illegal shipments,  

Improve  legal  clarity  and  a  common  understanding  and  interpretation  of  the  waste 
management operations by Parties, and  

Support  the  environmentally  sound  management  of  waste  at  global  level  and 
contribute to the transition towards a global circular economy. 

The Union should continue to support the above-mentioned objectives, but, in consideration 
of the opposition expressed at COP-15 and COP-16 by many Parties, in particular with regard 
to  the  inclusion  of  new  operations,  for  example,  on  preparing  for  reuse  and  catch-all 
operations,  the  Union  should  display  flexibility,  including  deferring  the  discussion  on  the 
most contentious topics and seeking an agreement on the remaining aspects of the proposal. 

If amendments of the relevant annexes are proposed by other Parties, which could achieve the 
same  objectives  as  those  behind  the  Union’s  proposal,  the  Union  should  show  openness  to 
consider these proposals and such proposals could in principle be supported by the Union. 

The proposed position is in line with the EU’s aim to lead efforts to drive the global transition 
to  a  circular  economy.  A  Union  position  is  needed  given  that  the  field  covered  by  the 
proposed  amendments  to  the  Basel  Convention  fall  within  exclusive  Union  competence,  
Indeed, the subject-matter of the proposed amendments to the Basel Convention falls within 
the  scope  of  Union  legislation,  namely  the  EU  Waste  Framework  Directive  2008/98/EC13 
(notably  Annexes  I  and  II  to  the  Directive)  and  Regulation  (EU)  2024/1157.  Therefore,  the 
proposed amendments risk affecting common rules or altering their scope within the meaning 
of Article 3(2) TFEU, and thus fall within the exclusive competence of the Union. 

Proposed amendment of Article 6(2) of the Convention by the Russian Federation 

The  European  Union  should  not  support  the  amendment  of  Article  6(2)  of  the  Convention 
proposed by the Russian Federation. This  position is  in  line with the position agreed  on for 
COP-15  by  Council  Decision  (EU)  2022/1025  of  2  June  2022,  and  for  COP-16  by  Council 
Decision (EU) 2023/1007 of 25 April 2023.  

The first part of the amendment (90-day time limit for the importing country to respond to the 
notifier) would not bring any major advantage for the Union and its Member States, as the EU 
rules, in line with the OECD Decision, already impose a time limit of 30 days for importing 
EU Member States to respond to the notifier.  

The second part of the amendment  (replacing  a comma with  “or”) does not  seem  necessary 
and  would  create  legal  uncertainty.  The  current  formulation  is  sufficiently  clear  in  that  the 
importing  country  can  react  in  three  different  manners  when  responding  to  the  notifier 
(consenting  to  the  movement,  denying  the  permission  to  this  movement,  or  requesting 
additional information). There is therefore no need to amend this sentence.  

13 

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives, OJ L 312, 22.11.2008, p. 3–30. 

EN 

5 

  EN 

 
 
The  process  relating  to  amending  the  Convention  is  very  burdensome  and  time  consuming, 
especially  as  it  requires  each  Party  to  proceed  with  its  internal  ratification  process  and  a 
threshold of three quarters of all Parties  to  ratify it before the  amendment  enters  into force. 
This amendment might also in the end have a limited impact, as amendments are only binding 
on  those  who  have  ratified  them.  The  proposed  amendment  therefore  does  not  address 
properly  any  priority  of  the  Union  and  its  Member  States  for  a  better  effectiveness  of  the 
Convention,  while  launching  a  lengthy  and  burdensome  process  within  the  Convention  and 
for its Parties.  

While  not  supporting  the  proposed  amendments,  the  Union  should  continue  stressing  that 
Parties should promote a better functioning of the prior informed consent procedure within the 
framework of the Basel Convention. This could include the establishment of other time limits 
for  responses  to  notifiers,  notably  for  transit  countries,  as  well  as  encouraging  the  use  of 
electronic data interchange systems or incorporating the concept of “pre-consented facilities”, 
which stems from the OECD Decision on transboundary movements of waste, into the Basel 
Convention framework. There are a number of processes ongoing in the  Convention already 
on  these  issues,  including  one  launched  on  the  improvement  of  the  prior  informed  consent 
procedure launched at COP-15 at the initiative of the Union. The Union should underline the 
importance  of  this  process  as  a  solution  to  a  number  of  issues  pertaining  to  the 
implementation of the Convention and invite all Parties to participate in this process. 

The proposed position is in line with the EU’s aim to lead efforts to drive the global transition 
to  a  circular  economy.  A  Union  position  is  needed  given  that  the  field  covered  by  the 
proposed amendments to the Basel Convention falls within the exclusive Union competence. 
Indeed, the subject-matter of the proposed amendments to the Basel Convention falls within 
the scope of Union legislation, namely Regulation (EU) 2024/1157, in particular its Article 9. 
Therefore,  the  proposed  amendments  risk  affecting  common  rules  or  altering  their  scope 
within the meaning  of Article 3(2) TFEU,  and thus fall within the  exclusive competence of 
the Union. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’14. 

4.1.2.  Application to the present case 

The Conference of the Parties to the Basel Convention is a body set up by the Convention. 

14 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

EN 

6 

  EN 

 
 
The  acts  which  the  Conference  of  the  Parties  is  called  upon  to  adopt  constitute  acts  having 
legal  effects.  If  adopted,  the  envisaged  acts  would  be  binding  under  international  law  in 
accordance  with  Article  18  of  the  Convention  and  capable  of  decisively  influencing  the 
content  of  EU  legislation,  namely  Regulation  (EU)2024/1157  on  shipments  of  waste  and 
Directive  2008/98/EC  on  waste.  This  Regulation  implements  the  Convention  by,  inter  alia, 
laying down the procedures for exports from and imports to the Union, as well as shipments 
between Member States.  

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement.  

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union’s behalf. If the envisaged act pursues two aims or has two components and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  act  relates  to  the  protection  of  the 
environment. Therefore, the substantive legal basis of the proposed decision is Article 192(1) 
TFEU. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 192(1) TFEU, in conjunction with 
Article 218(9) TFEU.  

EN 

7 

  EN 

2025/0024 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the seventeenth 
Conference of the Parties to the Basel Convention on the Control of Transboundary 
Movements of Hazardous Wastes and their Disposal with regard to certain amendments 
of Articles and Annexes in that Convention. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Basel  Convention  on  the  Control  of  Transboundary  Movements  of  Hazardous 
Wastes  and  their  Disposal  (‘the  Convention’)  entered  into  force  in  1992  and  was 
concluded  by  the  Union  by  Council  Decision  93/98/EEC  concerning  the  conclusion, 
on behalf of the Community, of the Basel Convention of 22 March 1989 on the control 
of transboundary movements of hazardous wastes and their disposal15.  

Pursuant  to  Article  15(5)(b)  of  the  Convention,  the  Conference  of  the  Parties  shall 
consider and adopt, as required, amendments to the Convention. 
The  Conference  of  the  Parties,  during  its  15th  meeting  in  June  2022  and  its  16th 
meeting  in  May  2023,  considered  a  proposal  for  amendments  of  Article  6(2)  of  the 
Convention  submitted  by  the  Russian  Federation.  The  Conference  of  the  Parties 
decided  to  defer  the  consideration  of  this  proposal  to  the  following  meeting  of  the 
Conference of the Parties. 

The  Russian  Federation  submitted  a  slightly  amended  proposal  in  October  2024  for 
discussion  at  the  17th  meeting  of  the  Conference  of  the  Parties,  in  April-May  2025. 
That  proposal  aims  to  establish  a  90-day  time  limit  for  an  importing  country  to 
respond to the notifier of a shipment of waste and to include other changes presented 
as editorial.  

A  proposal  to  amend  Annex  IV  and  certain  entries  in  Annexes  II  and  IX  to  the 
Convention was submitted on the Union’s behalf and discussed by the Conference of 
the  Parties  during  its  15th  meeting  in  June  2022.  The  proposal  aims,  inter  alia,  to 
amend  and  clarify  the  descriptions  of  disposal  operations  listed  in  Annex  IV  to  the 
Convention and, in particular, to: include a general introduction clearly distinguishing 
the terms ‘non-recovery’ and ‘recovery’; include introductory texts explaining what is 
meant  by  ‘non-recovery  operations’  (Annex  IVA)  and  ‘recovery  operations’  (Annex 
IVB); update and clarify the descriptions of operations in line with scientific, technical 
and  other  developments  which  have  occurred  since  the  Convention  was  adopted  in 

15 

OJ L 39, 16.2.1993, p. 1. 

EN 

8 

  EN 

 
 
(6) 

1989; and ensure, through the introduction of catch-all provisions, that all operations 
not  specifically  mentioned  are  covered  by  the  Convention’s  requirements.  The 
Conference  of  the  Parties  decided  to  further  consider  this  proposal  at  the  following 
meeting of the Conference of the Parties. 
It is appropriate to establish the position to be taken on the Union’s behalf at the 17th 
meeting  of  the  Conference  of  the  Parties  on  those  proposals,  given  that,  being 
amendments  to  the  text  and  Annexes  of  the  Convention,  they  have  legal  effects.  If 
adopted  by  the  Conference  of  the  Parties,  the  envisaged  acts  will  be  binding  on  the 
Union and capable of decisively impacting Union law, namely calling for amendments 
to Directive 2008/98/EC16 and to Regulation (EU) 2024/115717. 

(7)  With regard to the proposals to amend Article 6(2) of the Convention submitted by the 
Russian  Federation,  the  Union  should  not  support  them,  since  they  would  not  help 
addressing  the  problems  that  the  Union  considers  as  priorities  for  the  functioning  of 
the  Basel  Convention.  In  addition,  amendments  to  the  body  of  the  Convention  text 
require  a  lengthy  and  burdensome  process  to  enter  into  force,  and  it  seems 
disproportionate to launch such process for an amendment which has very little to no 
added-value.  The  Union  should  rather  continue  supporting  initiatives  designed  to 
improve  the  functioning  of  the  procedure  of  ‘prior  informed  consent’,  as  currently 
ongoing under the Convention, safeguarding that they remain in line with broad Union 
policies and objectives and do not require an amendment to the Convention.  

(8)  With regard to the proposal to amend Annex IV and certain entries in Annexes II and 
IX, the Union should continue to support its adoption. With a view to reach consensus 
on this proposal, the Union should also display flexibility, in particular with regard to 
the proposed measures that are unlikely to gather sufficient support for their adoption 
at  the  upcoming  Conference  of  Parties.  This  includes,  for  example,  deferring  the 
discussion  on  the  most  contentious  topics  (such  as  preparing  for  reuse  and  catch-all 
operations),  seeking  an  agreement  on  the  remaining  aspects  of  the  proposal  and 
supporting possible amendments by other Parties, provided that they could achieve the 
same  objectives  as  those  behind  the  Union’s  proposals  concerning  Annex  IV  to  the 
Convention. 

HAS ADOPTED THIS DECISION: 

1. 

The position to be taken on the Union’s behalf at the 17th meeting of the Conference 
of the Parties to the Basel Convention is the following: 

Article 1 

(a) 

the  Union  shall  not  support  the  amendments  to  Article  6(2)  of  the 
Convention,  as  submitted  by  the  Russian  Federation.  The  Union  shall 
support initiatives designed to improve the functioning of the procedure 
of  ‘prior  informed  consent’,  on  the  condition  that  they  are  in  line  with 
broad  Union  policies  and  objectives  and  do  not  require  amending  the 
Convention. 

16 

17 

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 
and repealing certain Directives, OJ L 312, 22.11.2008, p. 3–30. 
Regulation  (EU)  2024/1157  of  the  European  Parliament  and  of  the  Council  of  11  April  2024  on 
shipments  of  waste,  amending  Regulations  (EU)  No  1257/2013  and  (EU)  2020/1056  and  repealing 
Regulation (EC) No 1013/2006, OJ L, 2024/1157, 30.4.2024 

EN 

9 

  EN 

 
(b) 

the  Union  shall  continue  supporting  the  adoption  of  the  amendments  to 
Annex IV and to certain entries in Annexes II and IX of the Convention. 
If needed in order to ensure that consensus is found on an amendment of 
Annex IV, the Union may  show flexibility and agree to depart from the 
proposal  tabled  at  CoP15,  as  long  as  the  amendment  contributes  to 
increase  legal  clarity  of  the  Annex  and  to  the  implementation  of  the 
control mechanisms of the Convention, and does not undermine the EU 
legal regime on the management and shipments of waste.    

Refinement  of  the  position  referred  to  in  Article  1  may  be  agreed  to,  in  the  light  of 
developments  at  the  17th  Conference  of  the  Parties,  by  representatives  of  the  Union,  in 
consultation with the Member States, during on-the-spot coordination meetings.  

Article 2  

Done at Brussels, 

For the Council 
The President 

EN 

10 

  EN