New International Requirements for Electrical and Electronic Waste
As a result of the recently adopted amendments to the Basel Convention, starting January 1, 2025, international shipments of electrical and electronic waste (e-waste) and scrap, for recovery (including recycling) or disposal, are allowed only with the prior written consent of the importing country and any transit countries (i.e., countries shipments may pass through before arrival in the importing country). This marks the first time that non-hazardous e-waste and scrap is controlled under the Basel Convention.
On this page:
- Overview of the Basel Convention Electrical and Electronic Waste Amendments
- How the New Basel e-Waste Amendments Will Impact U.S. Exports and Imports
- What Requirements Apply to U.S. Exports and Imports of e-Waste and Scrap
- Frequent Questions
- Resources
Overview of the Basel Convention Electrical and Electronic Waste Amendments
In June 2022, 189 Parties to the Basel Convention agreed to control international trade in electrical and electronic waste and scrap to prevent improper recycling and disposal and help direct such material to facilities equipped to recover such resources in an environmentally sound manner. As a result of these changes, transboundary shipments of all electrical and electronic waste and scrap (i.e., e-waste and scrap) are controlled or regulated. The Basel Convention electrical and electronic waste amendments change the way international shipments of e-waste and scrap are controlled under the Convention.
As of January 1, 2025, hazardous and non-hazardous e-waste and scrap are subject to Basel Convention requirements. In other words, Basel Party countries exporting e-waste and scrap must obtain the importing country's agreement in writing to accept such exports before allowing the shipments to depart the country, a procedure known as prior informed consent. Additional Basel Convention requirements also apply. Historically, only hazardous e-waste was controlled, and non-hazardous e-waste could generally be traded freely.
The amendments establish two new “listings” or classifications for hazardous and non-hazardous e-waste and scrap. Each listing covers three categories:
- Whole equipment.
- Components (e.g., circuit boards, display devices), unless covered by another existing Basel listing.
- Fractions resulting from the processing (e.g., shredding or dismantling) of whole equipment or components, unless covered by another existing Basel listing.
Scrap and other material outputs from the processing of electrical and electronic waste and that are covered by an existing Basel listing (read frequent question #5) are not classified as e-waste for the purposes of these amendments and are subject to the rules that already apply. For hazardous waste or other Basel-controlled waste, Basel prior informed consent requirements continue to apply.
How the New Basel e-Waste Amendments Will Impact U.S. Exports and Imports
While the United States is not a party to the Basel Convention, 190 countries and the European Commission are Parties (i.e., have ratified the treaty) as of August 2024. The new Basel amendments will have significant impacts on U.S. exports and imports of e-waste and scrap because many U.S. trading partners will implement the Basel requirements. Basel Parties are also prohibited from trading Basel-controlled waste and scrap with countries that are not Parties (like the U.S.), absent a separate bilateral or multilateral agreement that meets certain Basel Convention criteria. The U.S. has one such agreement that addresses both exports and imports of hazardous and non-hazardous e-waste and scrap with member countries of the Organization for Economic Cooperation and Development; however, uncertainty remains about what requirements OECD countries will impose on such trade. It is likely that most OECD countries will apply prior informed consent requirements to trade in Basel-controlled e-waste and scrap with other OECD countries, including the U.S. Some OECD countries could consider certain Basel-controlled e-waste and scrap not to be subject to prior informed consent requirements.
The U.S. also has import-only agreements with Costa Rica, Malaysia, and the Philippines, which allow U.S. imports of hazardous waste, including hazardous e-waste.
What Requirements Apply to U.S. Exports and Imports of e-Waste and Scrap
In the United States, U.S. exports and imports of non-hazardous waste, including non-hazardous e-waste and scrap, are not subject to export and import requirements under the U.S. Resource Conservation and Recovery Act, the U.S. waste management law, and its implementing regulations. However, U.S. exports and imports of non-hazardous e-waste and scrap are subject to applicable laws and regulations in the countries that control the waste, as well as any applicable international agreement, such as the Basel Convention or OECD agreement mentioned previously. The U.S. anticipates that most countries will apply prior informed consent requirements.
Most Basel-controlled e-waste and waste are not regulated as hazardous waste under RCRA, but U.S. shipments of waste regulated as hazardous waste under RCRA are subject to RCRA hazardous waste export and RCRA hazardous waste import requirements, applicable foreign laws and regulations, as well as any applicable international agreement, such as the Basel Convention.
Frequent Questions
The following set of answers to frequently asked questions is intended to facilitate compliance with the new international requirements for transboundary movements of e-waste and scrap.
- When do the new Basel Convention requirements for electrical and electronic waste and scrap take effect?
- What are the Basel Convention electrical and electronic waste amendments?
- What types of hazardous electrical and electronic waste are controlled under the Basel Convention?
- What types of non-hazardous electrical and electronic waste are controlled under the Basel Convention?
- Should I classify e-waste components and waste fractions from the processing of electrical and electronic equipment and its components as “e-waste” under the new Basel e-waste listings or under another Basel waste listing?
- Are waste batteries covered under the new Basel e-waste amendments?
- Can the U.S. trade in electrical and electronic waste and scrap with Basel Party countries?
- What are the requirements for U.S exports and imports of electrical and electronic waste?
- What are the requirements for U.S. exports of electrical and electronic waste controlled by the importing OECD country, but not by the U.S.?
- What are the requirements for U.S. imports of electrical and electronic waste controlled by the exporting country, but not by the United States?
1. When do the new Basel Convention requirements for electrical and electronic waste and scrap take effect?
The new Basel Convention requirements for transboundary shipments of electrical and electronic waste and scrap take effect on January 1, 2025.
2. What are the Basel Convention electrical and electronic waste amendments?
The Basel electrical and electronic waste (e-waste) amendments were adopted by the Parties to the Basel Convention in 2022 to control exports and imports of hazardous and non-hazardous e-waste and scrap. When the amendments take effect on January 1, 2025, transboundary movements of e-waste and scrap will be subject to prior informed consent of the importing country and any transit countries.
3. What types of hazardous electrical and electronic waste are controlled under the Basel Convention?
As of January 1, 2025, the Basel Convention controls international shipments of electrical and electronic waste and scrap destined for recycling or disposal. This means that both hazardous and non-hazardous e-waste and scrap are subject to Basel Convention prior informed consent requirements.
The new hazardous e-waste and scrap listing (waste code: A1181) generally covers any of the following items containing or contaminated with Basel Annex I constituents to an extent that any of the items exhibit a Basel Annex III characteristic:
- Waste electrical and electronic equipment*.
- Waste components (e.g., certain circuit boards, certain display devices) unless covered by another Basel Annex VIII listing for other types of hazardous waste.
- Waste fractions resulting from the processing (e.g., shredding, dismantling) of such equipment or components unless covered by another Basel VIII listing for other types of hazardous waste.
Examples of Basel Annex I constituents include cadmium, lead, mercury, and organohalogen compounds, such as brominated flame retardants.
*Waste electrical and electronic equipment is also considered hazardous e-waste under Basel listing A1181 if it contains a component classified as hazardous under the Convention, including but not limited to any of the following:
- Cathode ray tubes.
- Batteries listed in Basel Annex VIII (e.g., batteries containing lead, cadmium, or mercury).
- A switch, lamp, fluorescent tube or a display device blacklight which contains mercury.
- A capacitor containing polychlorinated biphenyls.
- A component containing asbestos.
- Certain circuit boards.
- Certain display devices.
- Certain plastic components containing a brominated flame retardant.
4. What types of non-hazardous electrical and electronic waste are controlled under the Basel Convention?
The new Basel non-hazardous e-waste listing (waste code: Y49) generally covers any of the following items not containing or contaminated with Annex I constituents to an extent that the item exhibits a hazardous characteristic:
- Waste electrical and electronic equipment.
- Waste components of electrical and electronic equipment (e.g., certain circuit boards, certain display devices) unless covered by another Basel listing*.
- Waste fractions resulting from the processing (e.g., shredding, dismantling) of such equipment or components unless covered by another Basel listing*.
*Waste components or fractions covered by a Basel Annex II listing for controlled “other waste” (e.g., municipal solid waste; most plastic waste) or covered by a Basel Annex IX listing for non-hazardous waste are classified under the existing Basel entry.
5. Should I classify e-waste components and waste fractions from the processing of electrical and electronic equipment and components as “e-waste” under the new Basel e-waste listings or under another Basel waste listing?
The Basel e-waste amendments state that waste components of electrical and electronic equipment and waste fractions from the processing of such equipment or components are classified as electrical and electronic waste (i.e., either as hazardous or non-hazardous e-waste under Basel listing A1180 or Y49) unless covered by another existing Basel listing. Several existing Basel listings are relevant to consider in determining whether waste is classified as e-waste under the new Basel listings (and so, subject to Basel controls) or can be classified under another Basel listing.
For example, Basel controls already apply to certain waste components of electrical and electronic equipment and waste fractions that may result from the processing of electrical and electronic equipment or components. The table below identifies some examples of waste listings in Basel Annexes II and VIII that could be relevant. Hazardous waste and “other waste” requiring special consideration (e.g., municipal solid waste, most plastic waste) are listed in Annexes II and VIII of the Convention respectively and are subject to Basel controls.
Table. Basel listings for controlled waste that could apply to certain components and fractions from electrical and electronic waste
| Basel waste code | Brief description |
|---|---|
| Y48 | Most mixed, contaminated plastic waste and scrap. |
| A1010 | Metal wastes and waste consisting of alloys of any of the following: Antimony, Arsenic, Beryllium, Cadmium, Lead, Mercury, Selenium, Tellurium, Thallium, but excluding such wastes specifically listed on list B. |
| A1160 |
Waste lead-acid batteries, whole or crushed* *Small, sealed lead acid batteries are used in uninterrupted power (backup) equipment. Once removed from the equipment, they would be classified as A1160 if shipment solely contained waste lead-acid batteries or A1170 if shipment contained a mixture of battery chemistries. |
| A1170 |
Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing Annex I constituents to an extent to render them hazardous. (Read Basel waste code B1090) |
| A1190 | Waste metal cables coated or insulated with plastics containing or contaminated with coal tar, PCB, lead, cadmium, other organohalogen compounds or other Annex I constituents to an extent that they exhibit Annex III characteristics. |
| A2010 | Glass waste from cathode-ray tubes and other activated glasses. |
| A3210 | Plastic waste, including mixtures of such waste, containing or contaminated with Annex I constituents, to an extent that it exhibits an Annex III characteristic (note the related entries Y48 in Annex II and on list B B3011). |
Other existing Basel listings cover electrical and electronic components or waste fractions that may result from the processing of electrical and electronic equipment or components. Under these existing listings, such wastes are not classified as non-hazardous waste, not subject to Basel controls. However, Basel Parties may take different interpretations of such classifications.
Table. Examples of waste listings in Basel Annex IX that could be relevant.
| Basel waste code | Brief description |
|---|---|
| B1010 |
Metal and metal-alloy wastes in metallic, non-dispersible form including, for example*:
(Read Basel listing B1010 for complete list) |
| B1050 | Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to exhibit Annex III characteristics |
| B3011 | Plastic waste and scrap (e.g., clean, non-halogenated polymers, not mixed, destined for environmentally sound recycling) |
| B1090 | Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury |
Basel Parties may implement Basel amendments differently and take different interpretations of the controls that apply to the wastes identified above. EPA recommends checking with the competent authorities in the countries involved in the transboundary movement to determine the appropriate classification and relevant requirements.
6. Are waste batteries covered under the new Basel e-waste amendments?
The new Basel e-waste amendments state that waste components of electrical and electronic equipment that are not otherwise covered by another Basel listing are classified as electrical and electronic waste, either under Y49 or A1181.
Certain waste batteries are already controlled under the Basel Convention as hazardous waste under existing Basel listings A1160 for sorted lead-acid batteries, including small, sealed lead-acid (SSLA) batteries and A1170 for unsorted batteries made with lead, cadmium or mercury.
Waste batteries classified as non-hazardous under the Convention and therefore, not subject to Basel controls, are covered under Basel listing B1090: Waste batteries confirming to a specification, excluding those made with lead, cadmium or mercury.”
Uncertainty remains about how Basel Parties might address other waste batteries that are not already covered by another Basel listing such as those identified above. EPA recommends checking with the competent authorities in the countries involved in the transboundary movement to determine the appropriate classification and relevant requirements.
In the U.S., most waste lithium-ion batteries are likely to be considered ignitable and reactive hazardous wastes under RCRA. EPA recommends that businesses manage such waste under the federal “universal waste” regulations in Title 40 of the Code of Federal Regulations (CFR) Part 273. Universal waste is subject to prior informed consent and other U.S. hazardous waste export and import requirements.
- Read more about managing lithium-ion batteries on our website.
- Read more about the U.S. export and import requirements for universal waste on our website.
7. Can the U.S. trade in electrical and electronic waste and scrap with Basel Party countries?
The Basel Convention contains a longstanding provision prohibiting parties from trading in Basel-controlled wastes (e.g., hazardous and non-hazardous e-waste and scrap covered by Basel listings A1181 and Y49, respectively) with non-Parties, like the U.S., in the absence of a pre-determined agreement between countries that meets certain Basel criteria. The U.S. has bilateral and multilateral agreements with a few countries, including member countries of the OECD under the OECD Council Decision on Transboundary Movements of Waste destined for Recovery Operations [OECD-LEGAL-0266].
However, the requirements OECD countries apply to transboundary movements of electrical and electronic waste may vary, and it is possible that some countries may not allow trade in certain Basel-controlled e-waste with the United States. EPA anticipates that most OECD countries will require prior informed consent to such international shipments between OECD countries, including shipments with the United States. EPA will update this webpage with information about the requirements OECD countries will apply to trade in electrical and electronic waste once it becomes available on the OECD website in January 2025.
The U.S. has separate bilateral agreements with Canada, Mexico, Costa Rica, Malaysia, and the Philippines which cover transboundary shipments of hazardous waste under specific terms. For example, under the bilateral agreements with Costa Rica, Malaysia, and the Philippines, the U.S. may receive hazardous waste for recycling or disposal from Costa Rica, Malaysia, and the Philippines, but the U.S. may not export hazardous waste to these countries.
8. What are the requirements for U.S exports and imports of electrical and electronic waste?
U.S. exports and imports of regulated hazardous waste under the RCRA are subject to RCRA hazardous waste export and RCRA hazardous waste import requirements under Title 40 of the Code of Federal Regulations, Part 262, Subpart H. These requirements include prior informed consent, shipment tracking, and confirmation of receipt and recovery. Exports of waste cathode ray tubes (CRTs) are subject to prior informed consent and annual report requirements in 40 CFR Section 261.39(a)(5), and exports of many batteries removed from electrical and electronic equipment are universal waste and subject to RCRA hazardous waste export requirements. (Read also Frequent Question #6 that addresses waste batteries, including lithium-ion batteries).
Many other types of electrical and electronic wastes covered by the Basel e-waste amendments are not regulated in the U.S. either because they are not considered hazardous under U.S. law, or because they fall under specific recycling exemptions such as for scrap metal (40 CFR Section 261.6(a)(3)(ii)) or shredded circuit boards (40 CFR Section 261.4(a)(14)) as long as such recycling is legitimate.
When sent for disposal, electrical and electronic waste covered by the Basel e-waste amendments would be regulated as hazardous waste and subject to RCRA hazardous waste export and import requirements if it exhibits one of the hazardous waste characteristics (ignitability, corrosivity, reactivity and toxicity) as described in 40 CFR, Part 261, Subpart C. Under U.S. regulations, the generators of the waste are responsible for determining whether the waste is characterized as hazardous or not under RCRA (Read 40 CFR Section 262.11).
9. What are the requirements for U.S. exports of electrical and electronic waste controlled by the importing OECD country, but not by the U.S.?
U.S. exports of electrical and electronic waste that are not regulated as hazardous waste in the U.S., but are controlled as hazardous waste (i.e., Basel listing: A1180) by the importing OECD country are subject to the hazardous waste control procedures in the countries that control the waste as hazardous. This is consistent with the mutatis mutandis procedures in Section II(B)(4)(d) of the OECD Council Decision on Transboundary Movements of Waste destined for Recovery Operations [OECD-LEGAL-0266] and is referenced in U.S. RCRA regulations at 40 CFR Section 262.82(a)(2)(ii). In other words, the foreign importer is expected to submit an import notification to the foreign competent authority who is typically based in the country’s environmental agency. U.S. exporters must work directly with the OECD country of import and foreign importer to determine where an export notification should be directly sent to for review. EPA cannot receive or forward such RCRA non-hazardous export notifications to the proposed OECD importing and transit country.
The international requirements for U.S. exports of non-hazardous electrical and electronic waste and scrap that are controlled by the importing OECD country (Basel listing: Y49) may vary due to uncertainty about the rules that OECD countries will apply to such trade. EPA anticipates that most OECD countries will apply prior informed consent requirements. EPA will update this webpage with information about the requirements OECD countries will apply to trade in electrical and electronic waste once it becomes available on the OECD website in January 2025.
U.S. exports of non-hazardous electrical and electronic waste are not regulated under RCRA. U.S. exporters must work directly with the OECD country of import and foreign importer to determine where an export notification should be directly sent to for review. EPA cannot receive or forward such RCRA non-hazardous export notifications to the proposed OECD importing and transit country.
Additional information about the import and export requirements of specific countries, please refer to the tool available on the website for the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. U.S. exporters and importers can also contact the “Competent Authority” of the country or countries involved in the transboundary shipment and work with the foreign importer or exporter to determine what requirements may apply. Each country designates a ‘Competent Authority’ who serves as the primary point-of-contact on waste export and import matters. Contact information for competent authorities is available on the Basel Convention website.
10. What are the requirements for U.S. imports of electrical and electronic waste controlled by the exporting country, but not by the United States?
For U.S. imports of electrical and electronic waste that are not regulated as hazardous waste in the U.S. but are controlled as such in the country of export, EPA expects to receive a notification from the foreign competent authority of the exporting country. The shipments will likely have to comply with contract requirements under the country of export's regulations, but will not be subject to RCRA hazardous waste import requirements if not regulated as hazardous waste in the U.S. For import of scrap and waste not regulated as hazardous waste under RCRA, EPA will generally issue a “neither consent nor object” to the notification, which is equivalent to a consent.
Resources
- About the Basel e-waste amendments.
- Official copy of Basel e-waste amendments.
- Changes to OECD rules for e-waste exports and imports.
- Basel Import-Export Control tool.
- RCRA export and import requirements.