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 (EU) 2024/1157 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 (EU) 2024/1157 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 39(1), points (a) and (c), of Regulation (EU) 2024/1157, 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) As regards shipments of non-hazardous electrical and electronic waste between Member States, the entries GC010 and GC020 should remain applicable until 31 December 2026. These shipments are subject to the general information requirements set out in Article 18 of Regulation (EU) 2024/1157, which ensures the supervision and control of the shipments of green-listed waste with a view to their environmentally sound management. From 1 January 2027, all electrical and electronic waste shipped within the Union should be classified under entries Y49 or A1181 and their shipments should be subject to the procedure of prior written notification and consent. By that date, the central system for the submission and exchange of documents and information concerning shipments of waste referred to in Article 27 of Regulation (EU) 2024/1157 is to be fully operational. This system will facilitate the process of obtaining consents for shipments of such waste. 

(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 (EU) 2024/1157 should therefore no longer be applied 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) 2024/1157 should therefore be amended accordingly,