The World Customs Organization issued today (03.12.2020) a release on new international rules for the import and export of plastic waste that will come into force on 1 January 2021.
First, WCO calls on its members to respond appropriately to the scourge of plastic waste within the framework of the Green Customs Initiative and in close collaboration with the Basel Convention on the control of transboundary movements of hazardous wastes and the disposal (specifically within the Alliance) of plastic waste.
To this end, the body recalls that “The Basel Convention is an international treaty that aims to protect human health and the environment from the adverse effects of hazardous waste.".
Along these lines, “in May 2019, during the Conference of the Parties to the Basel Convention, 187 countries decided to significantly restrict international trade in plastic waste to help address the inappropriate disposal of plastic waste and reduce its leakage into the environment. Illegal cross-border movements through the international supply chain pose the greatest risk, with plastic waste reaching unsuspecting jurisdictions,” he explains.
In this regard, it is reported that the following were approved: modifications of plastic waste in Annexes II, VIII and IX and will come into force on January 1, 2021.
- The amendment in the Annex VIII incorporates a new entry A3210, Clarifies the scope of plastic waste that is presumed to be hazardous and therefore subject to the prior informed consent or PIC procedure.
- The amendment in the Annex IX has a new entry B3011, which replaces existing entry B3010 and clarifies the types of plastic waste that are presumed to be non-hazardous and as such are not subject to the PIC procedure. In addition, the wastes listed in entry B3011 include: a group of cured resins, non-halogenated and fluorinated polymers, provided the wastes are intended for recycling in an environmentally sound manner and are nearly free of contamination and other types of waste; mixtures of plastic wastes consisting of polyethylene (PE), polypropylene (PP) or polyethylene terephthalate (PET), provided they are intended for recycling separately from each material and in an environmentally sound manner, and are nearly free of contamination and other types of waste.
- The amendment in the Annex II insert a new entry Y48 which covers plastic waste, including mixtures of such waste, unless it is hazardous (which would fall under A3210) or presumed non-hazardous (which would fall under B3011).
Impact on customs administrations
Thus, the WCO suggests that customs officials “be familiar with the new rules regarding plastic waste, given that Customs is a key partner in facilitating legal waste trade and preventing and detecting illegal waste trafficking.".
The information warns that “a prior informed consent procedure must be followed depending on the composition and treatment of the plastic waste being imported or exported. Plastic waste covered by the scope of the Basel Convention requires the presence of a waste movement document accompanying the actual shipment and a copy of the notification and consent form.”
“There is a lack of differentiation of plastic waste at the six-digit level; for example, there is no differentiation for PET, which is very common in bottles. As such, countries may open additional national subheadings if necessary, until a proposal is made to amend the HS with respect to plastic waste,” the WCO clarifies. “Overall, customs policies and procedures should take into account the new amendments, and updated risk indicators and profiles should be developed to adequately respond to the new international obligations on plastic waste,” the statement concludes.
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