BC
UNEP/CHW.7/15
Distr.: General
23 July 2004
Original: English
Conference of the Parties to the Basel Convention
on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal
Seventh meeting
Geneva, 25-29 October 2004
Item 6 of the provisional agenda*
Report on the implementation of the decisions adopted by
the Conference of the Parties at its sixth meeting
Review or adjustment of the lists of wastes contained in
Annexes VIII and IX to the Basel Convention
Note by the Secretariat
Application for plastic coated cable scrap from India
I.
Introduction
1.
At its sixth meeting, in its decision VI/35 on the review or adjustment of lists of wastes
contained in Annexes VIII and IX, the Conference of the Parties noted that the application submitted by
India concerning the classification of PVC-coated cable scrap would be placed on the agenda of the
Open-ended Working Group.
II.
Implementation
2.
By a letter received on 13 August 2003, the Government of India submitted an application for
the placement of new entries regarding plastic-coated cable scrap in Annex VIII and Annex IX. That
application was circulated as an information document to the Open-ended Working Group at its second
session in October 2003.
3.
On 24 January 2004, in accordance with the procedure for the review or adjustment of lists of
wastes contained in Annexes VIII and IX of the Basel Convention, adopted by the Conference of the
Parties at its sixth meeting and as contained in the annex to its decision VI/35, the Secretariat placed the
application from India on the internet site of the Basel Convention (www.basel.int) for Parties to
provide comments. Comments were received from Turkey and the Philippines.
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4.
At its third session, in April 2004, the Open-ended Working Group considered the application
from India. On 28 April 2004, during that session, India submitted a letter to the Secretariat indicating
that its application was a formal proposal for amendment to the annexes to the Basel Convention in
accordance with articles 17 and 18 of the Convention, as required under the agreed procedure. The letter
from India, dated 28 April 2004, which was already made available for the information of participants at
the third session of the Open-ended Working Group, is attached as annex I to the present note.
5.
The Open-ended Working Group invited Parties and others to provide comments to the
Secretariat on the application submitted by India by 30 June 2004, and requested the Secretariat to
transmit the application together with any comments in time for consideration by the Conference of the
Parties at its seventh meeting. As of 30 June 2004, comments have been received from Australia, the
Philippines and Turkey, and these may be found in annex II to the present note.1
III. Proposed action
6.
The Conference of the Parties may wish to adopt a decision along the following lines:
The Conference of the Parties,
Considering the application submitted by India concerning the placement of new entries
regarding plastic-coated cable scrap on Annex VIII and Annex IX,
Noting that the review of available and forthcoming scientific information concerning
the evaluation of the potential environmental health effects of the disposal of PVC wastes and
PVC-coated cables is included in the 2003–2004 work programme of the Open-ended Working
Group but that to date no progress has been made on that issue,
Adopts the following amendments to Annexes VIII and IX of the Basel Convention:
(a)
New entry A 1190 in Annex VIII:
[Waste copper cables or scrap][Insulated cables and wire scrap][Waste cables or scrap]
coated with plastics containing or contaminated with coal tar, PCBs2 or other Annex I
constituents to an extent that they exhibit Annex III characteristics;
(b)
New entry B 1115 in Annex IX:
[Waste copper cables or scrap][Insulated cables and wire scrap][Waste cables or scrap]
coated with plastics – not included in list A, A 1190 of Annex VIII.
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2
2
The comments from the Philippines and Turkey were received prior to the third session of the
Open-ended Working Group in April 2004.
PCBs are at a concentration level of 50 mg/kg or more.
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Annex I
Letter dated 28 April 2004 received from the Government of India
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Annex II
Comments received by the Secretariat on the application from India
for placement of plastic coated cable scrap on Annexes VIII and IX
A.
Australia
1.
Australia thanks India for its hard work in putting together detailed proposals for the placement
of plastic coated cable scrap on Annexes VIII and IX.
2.
Australia supports the application for an entry in Annex VIII. However, we have strong
concerns about the application for an entry in Annex IX because we understand that it is still common
for plastic coatings (including PVC coatings) to be removed from copper cables by incineration. We
have heard evidence that this practice continues, whether prohibited or not, in many countries including
Australia. The potential for formation of dioxins and furans when chlorine-containing materials or
mixtures are incinerated in the presence of copper is well documented. Although there is always the
potential for formation of dioxins and furans during the incineration of chlorine-containing materials,
certain metals, including copper, are very effective catalysts for this process.
3.
We recall that the report of the fourteenth session of the Technical Working Group, held in
Pretoria from 2 to 5 November 1998, records that: "One problem that has been identified refers
specifically to the treatment of PVC wastes and PVC coated cables. It is agreed that burning could
result in the production of dioxins and, in the absence of control, to their release to the environment.
This has been given as a reason for placing PVC wastes and PVC coated cables on Annex VIII (list A).
However, placement of a waste on Lists contained in Annex VIII or IX cannot be due to its management
practices."
4.
In view of the preceding paragraph, Australia is not proposing that plastic coated cable scrap,
including PVC coated cable scrap, should be placed in Annex VIII. However, until we can be confident
that there is little or no risk that plastic coated cable scrap will be incinerated as a precursor operation
for the recovery of copper, we do not think it appropriate that this waste be placed in Annex IX.
Australia is therefore opposed to India’s application for placement of plastic coated cable scrap in
Annex IX.
B.
Canada
India’s application:
At the third Open-ended Working Group (OEWG-3), Canada requested India to add a specific reference
to the Technical Guidelines on the Environmentally Sound Management of Plastic Wastes to its
application (India’s application for placement of new entries regarding plastic coated cables scrap on
Annex VIII and Annex IX (UNEP/CHW/OEWG/2/INF/11)). India has agreed to do so but Canada has
not seen this addition. As a result, Canada cannot support India’s application until a revised version is
provided and reviewed.
Resulting proposed new entries:
Parties did not agree on a proposed wording for the new entries at the OEWG-3
(UNEP/CHW/OEWG/3/CRP.26/Rev.1). Based on these discussions, Canada is suggesting the
following new entries:
A1190: Waste metal cables or wire scrap coated or insulated with plastics containing or
contaminated with coal tar, PCB1 or other Annex I constituents to an extent that they exhibit
Annex III characteristics;
(note: PCB: PCBs are at a concentration level of 50 mg/kg or more);
and the mirror entry in Annex IX would be:
B1115: Waste metal cables or wire scrap coated or insulated with plastics, not included in list
A1190.
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Canada is proposing the above wording since if the term "cable" is used without the qualifier "metal
cable or wire" it could capture other unintended cable, such as fibre optics cable (which has never to this
point in time been discuss nor considered for inclusion). Therefore, a qualifier would be needed for
cable, such as "metal cable or wire".
The use of the word "insulated cable or wire scrap" is far too broad an entry. There are a wide array of
insulating materials other than plastics used to produce cable or wire, such as paper or cardboard which
would be captured under this entry. This also ensures only those cables or wire scrap coated with
plastics or plastic insulation are captured.
C.
Philippines
Philippine regulations allow the importation of scrap plastics and scrap metals for purposes of recycling.
The entry of plastic coated cable scrap under Annex VIII that may be contaminated with oil, coal tar
and other dangerous substances with characteristics described in Annex III is necessary for its proper
regulation under the applicable provisions of Basel Convention. The same that we agree with the
placement of the entry of plastic coated cable scrap in Annex IX other than those covered under Annex
VIII.
D.
Turkey
I have the pleasure to inform you that the Ministry of Environment and Forestry of the Republic of
Turkey finds the proposal to include the plastic coated cable scrap on Annex IX of the Basel
Convention to be acceptable, since Turkey allows import of such materials on the condition that a prior
Control Certificate is received from the aforementioned Ministry in accordance with the national
“Circular (DTS 2004/3) on Standardization of Fuels and wastes in Foreign Trade”.
The Ministry of Environment and Forestry of the Republic of Turkey, however, does not support the
proposal for the inclusion of the plastic coated cable scrap into Annex VIII of the Basel Convention,
since such amendment will require Turkey to make additional legal adjustments at national level.
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