BAKGRUNN (fra kommisjonsforordningen)

(1) The Conference of the Parties to the Basel Convention decided at its fifteenth meeting held in June 2022, by Decision BC-15/18, to include a new entry for hazardous electrical and electronic waste (entry A1181) in Annex VIII to the Basel Convention, while deleting entry A1180 in that Annex and adding a new entry for non-hazardous electrical and electronic waste (entry Y49) in Annex II to the Basel Convention, while deleting the current entry for such waste (entry B1110) in Annex IX to the Basel Convention as well as deleting entry B4030 in Annex IX to the Basel Convention. Those changes will become effective on 1 January 2025. 

(2) It is appropriate for the Union, which is a Party to the Basel Convention, to modify the entries related to electrical and electronic waste in the relevant Annexes to Regulation (EC) No 1013/2006 where they refer to the Annexes to the Basel Convention. 

(3) With respect to export of electrical and electronic waste from the Union to third countries and import of such waste into the Union from third countries, Annexes III, IV and V to Regulation (EC) No 1013/2006 should take account of the changes to Annexes II, VIII and IX to the Basel Convention. As a result, from 1 January 2025, exports from the Union to third countries to which the Organisation for Economic Cooperation and Development (OECD) Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations (‘the OECD Decision’) applies and imports into the Union of electrical and electronic waste under entry A1181 in Annex VIII to the Basel Convention and under entry Y49 in Annex II to the Basel Convention, should be subject to the procedure of prior written notification and consent. In accordance with Article 36(1), points (a) and (b), to Regulation (EC) No 1013/2006 and Annex V to that Regulation, the export of electrical and electronic waste under entries A1181 in Annex VIII to the Basel Convention and Y49 in Annex II to the Basel Convention to third countries to which the OECD Decision does not apply should be prohibited. 

(4) The requirements of Article 18 of Regulation (EC) No 1013/2006 should remain applicable to shipments between Member States of non-hazardous electrical and electronic waste under entries GC010 and GC020 for as long as Article 18 of that Regulation applies. Article 18 ensures the supervision and control of the shipments with a view to their environmentally sound management.

(5) This Regulation takes account of the fact that no agreement has been reached within the OECD to incorporate the amendments to the Annexes to the Basel Convention on electrical and electronic waste into the Appendices of the OECD Decision. The entries GC010 and GC020 in Annexes III and IV of Regulation (EC) No 1013/2006 should therefore no longer be applied from 1 January 2025 for export of electrical and electronic waste from the Union to third countries and import of such waste into the Union from third countries. 

(6) Regulation (EU) No 1013/2006 should therefore be amended accordingly. 

(7) Since the changes to the Annexes to the Basel Convention will not be effective until 1 January 2025, the application of this Regulation should be deferred to that date. (8) To ensure legal certainty for economic operators and competent authorities as well as to ensure a harmonised approach to the implementation of the changes introduced by this Regulation, it is necessary to introduce transitional provisions specifying that consents for shipments of electrical and electronic waste issued before the date of application of this Regulation remain valid until 1 January 2026 or until the expiry of such consent where it expires before that date. Moreover, notifiers should be allowed until 1 February 2025 to update a notification that was submitted before 31 December 2024 to align it with the changes introduced by this Regulation. (9) Notifiers should be allowed to submit notifications regarding shipments of electrical and electronic waste based on the new entries already before 1 January 2025, in order to facilitate swift decision-making,