>> Ensure that Black Mass and Lithium-Ion Batteries are Considered to be Hazardous Waste
It is vital, now that the massive amount of Li-Ion Batteries (LIBs) from electric vehicles and power banks are reaching end-of-life, that we ensure we are not inundated with a tsunami of transboundary movements of such wastes or with black mass (BM) -- a residual mixture of such LIBs. The Guidance Document in its current version does not do an adequate job in paragraph 74 of spelling out constituent ingredients of LIBs, which qualify it as hazardous waste by Annex I and Annex III. These constituents include fluorinated hydrocarbons (Y45) as well as organic solvents (Y42), which possess flammability (H4.1), toxic (H11), and ecotoxic (H13) properties and thus qualify as hazardous waste. The Guidance Document must be very clear about LIBs being hazardous waste. Even those with some remaining charge , which is almost always the case, cannot be considered non-waste. Clearly, we need a cut-off threshold, and for that, we should look to the past discussions on this topic by the PACE partnership. Further, it must be certain that the Annex IX listing B1090, which refers to "batteries conforming to a specification," cannot trump Annexes I and III, as the Annex IX chapeau makes clear. Thus, unless an end-of-life battery still possesses a strong charging capacity, it must be considered a hazardous waste.
Likewise, BM must also be considered as either Y49 or A1181. Certainly, if there remains present in the BM fluorinated compounds as has been shown in the literature, then the BM should be considered as A1181 -- hazardous electronic waste. And if not, it should still qualify as Y49. This must be clearly stated in the Guidance Document. Currently, it is unclear.
Proposed Action: Parties are encouraged to ensure that the Guidance Document on batteries including "Other Batteries" makes it clear that both LIBs and BM are controlled wastes under the Basel Convention. We appreciate the recent decision of the EU to consider BM as hazardous. If we do not do this we will very likely see mass migration of these wastes ending up being burnt, dumped or subject to informal sector operations in developing countries.
Agenda Item: 4 (b) v -- Further Consideration of Plastic Waste
>> Ensure a Comprehensive Review of Plastics Amendments Implementation
As per document 17/INF/18, BAN supports a robust review of the Plastics Amendments as delineated. In our opinion, the implementation of the Amendments as they stand is spotty at best. There are still Parties that are being used as global dumping grounds for plastic waste, such as Malaysia, Indonesia, Mexico, and Turkey. The problem of massive exports from the United States to Basel Parties, including Malaysia and Mexico, must be addressed even though the US is a non-Party. Too many Parties still lack a proper understanding of the Amendments within customs and other on-the-ground enforcement agencies.
However, it is important that we not only improve enforcement of the current text, but also improve the three listings. In this regard, we highlight the following issues and remind all of the BAN side even on the issue of implementing the amendments.
Side Event: Preventing Plastic and e-Waste Trafficking: Lessons from the Frontlines: 4 May 18:15 -- 19:45, Room 2
>> Extend Basel Controls to B3011, Including Consideration of a Total Ban to Developing Countries
Parties should press for a progression of greater controls on all types of plastic waste, including B3011 (so-called non-hazardous plastic wastes) globally. This would be consistent with the European Union’s latest version of the Waste Shipment Regulation and in line with the INC-5 chair's latest draft text following the INC 5.1 negotiations in Busan, Korea to develop a treaty on the life cycle of plastic, which stated "... developed country Parties shall take measures to prohibit the export of plastic [waste] to developing country Parties." The first step should be to follow what Parties did concerning electronic waste and ensure that the listing B3011 is removed and that all plastics that are not A3210 (hazardous) are considered as Y48.
Increasingly it is clear that much of the plastic being traded globally allegedly for recycling, including those plastics listed currently as B3011, is not fully recycled with the residual waste often being dumped in the importing country or openly burned. Further, the washing processes of such operations often consume precious drinking water supplies while emitting microplastics into ground and surface waters. In short, there is a strong propensity for plastic wastes, including non-hazardous plastic wastes, to create significant pollution and not be recycled with ESM methods. Recall that China called for all plastic wastes to be subject to Basel control procedures at COP14. Given the growing global concerns about the trade in plastic wastes for recycling since 2019, this should now be politically feasible.
The second logical step, which may be more difficult politically at this time, is to adopt the position that all plastics should be subject to the Ban Amendment, as Europe has done. This is less than a call for a full prohibition from Annex VII to non-Annex VII countries, but is a critical step towards that goal.
Proposed Action: The Basel Parties are encouraged to consider removing the category B3011 and add it to the existing Y48 category. This will ensure that all plastics are at least subject to the PIC procedure as Y48 or A3210, as was done with electronic waste. This should be seen as one of the most important aspects of agenda item 4 (b) v, to ensure that broadened export controls over all plastic are added to the ambition and work of the Convention.
>> Forgotten Plastics / Basel Must Control All Plastic Wastes, Including Textiles, Rubber, RDF, and Plastic Mixed with Paper
As BAN and others have raised for some time now, the promise of the 2019 Plastics Amendments has not yet been realized. That promise was that all plastic wastes would be covered by B3011 (non-hazardous), Y48 (special consideration), or A3120 hazardous plastics listings. However, in reality, we believe that almost half of the plastic waste that is traded is not covered by these Basel listings. This category of forgotten plastics includes:
-- Synthetic textile mixtures of synthetic and natural fibers
-- "Rubber" tires and products that are not truly rubber but are made of polymers
-- Plastic wastes mixed with bales of paper
-- Packaging, including plastics in laminates
-- Refuse Derived Fuel (RDF) made from plastic
-- Automobile fluff and plastics from cars
We note that the wastes above, found in legacy Annex IX listings should have been reviewed for elimination, amendment, or interpretation at the time the Plastics Amendments were adopted, but were not. As a result, many plastic wastes that technically should be either A3120 or Y48 are not covered by Basel Controls as they should be. This issue must be raised by Parties and placed on the further work agenda so that we can close these loopholes.
The Example of Synthetic and Mixed Textiles
Currently there is new concern about covering textiles and used clothing under the Basel Convention's control procedures. We will therefore discuss the textile solution here, but the principle can apply to other materials in the same way.
We believe that creating a new amendment to accomplish controls on problematic textiles may not be necessary, as much of the work has already been done in the creation of listing Y48 as it applies to textiles. Guidance in this matter could be developed, and then only a minor amendment to the legacy Annex IX listings might be all that is needed.
Almost all shipments of textiles will include plastic waste, due to the nature of clothing production and their subsequent collection, which therefore ensures that the waste will either be "mixed polymers", or "contaminated polymers". In practice, these include:
a. Shipments of textiles containing synthetic textile blends (such as polyester/cotton blends are plastics contaminated with cotton threads) or shipments of with synthetic textiles together in the same shipment with natural textiles (contamination with cotton or wool garments). Both blends or co-shipments signify a form of contamination, thus triggering Y48.
b. Shipments of synthetic textiles, but in a mixed load containing more than one polymer. Mixed polymer loads are, by definition, Y48, due to being mixed with but one exception, (PP, PE and PET) which will not be a combination found in the world of synthetic textiles.
c. Shipments containing a halogenated polymer such as PVC. Even one PVC shoe in a load of mixed clothing would qualify the shipment as Y48.
Finally, those textile shipments which will, all, or in part, be disposed of on land or by waste to energy operations or not recycled or not managed in an environmentally sound manner are also all Y48.
In sum, almost all textile waste or used clothing shipments traded today will be considered as contaminated since they will include plastics which are mixed in some way with natural fibers. It is very rare for used clothing or shipments of used textiles to be pre-separated (synthetic and natural fibers segregated) before export, and therefore it is safe to assume that virtually all shipments of mixed used clothing will be contaminated.
Further, with but one exception, shipments of mixed polymers must be covered under Y48 classification. That exception is mixtures of PP, PE, and PET, and if they are not all recycled separately at the end of the transboundary movement in the recipient country, the mixture will not qualify. Again, as most shipments of plastic and even some garments or textile products include blends of various synthetic fibers (e.g. nylon mixed with polyester or acrylic), most shipments of mixed textiles, clothing, or rugs will be classified as Y48 by virtue of being shipments of mixed polymers.
Finally, all B3011plastics must be recycled to the full extent. If substantial amounts are not recycled and are dumped as residues then this too qualifies the textile plastics as Y48.
Therefore, control of almost all of problematic exports of used clothing and textiles can be accomplished by:
1. Creating guidance on the subject of ESM of textile waste, detailing the need to invoke Y48, and at times A3210, for textile wastes; and
2. Amending the existing B listings of Annex IX: B3030 textile waste and B3035 Waste textile floor coverings, carpets. We propose altering these two listings to limit them to natural fibers only.
Proposed Action: The Parties are encouraged to begin work within the Basel Convention to close the "forgotten plastics" loopholes found in plastics still listed in Annex IX of the Convention. We should begin this work with used textile waste that almost invariably contains plastic, which should be considered Y48 as described above. This should be seen as one of the most important aspects of agenda item 4 (b) v, to ensure this body of work is added to the ambition and workplan of the Convention.
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