Date: 2025-05-12Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2025/869 of 14 April 2025 on the position to be taken on behalf of the European Union at the seventeenth Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal with regard to certain amendments to the Convention and the Annexes thereto
## Report on Council Decision (EU) 2025/869 Regarding Amendments to the Basel Convention
**1. Executive Summary:**
This report analyzes Council Decision (EU) 2025/869, concerning the European Union's position at the seventeenth Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This decision outlines the EU's stance on proposed amendments to Article 6(2) and Annexes II, IV, and IX of the Convention. The EU opposes amendments to Article 6(2) proposed by the Russian Federation but supports amendments to Annex IV and certain entries in Annexes II and IX, aiming for greater clarity and effectiveness in managing hazardous waste. The key finding is the EU's commitment to improving the Basel Convention's functionality, particularly regarding waste management and disposal operations, while strategically opposing changes that it deems unnecessary or counterproductive.
**2. Introduction:**
This report provides an informative analysis of Council Decision (EU) 2025/869 based solely on the text provided. The purpose is to elucidate the EU's position on specific proposed amendments to the Basel Convention and the implications for related stakeholders, specifically the industry dealing with hazardous waste.
**3. Policy Overview:**
* This decision concerns **amendments** to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
* **Core Objective(s):** The primary objective, as inferred from the text, is to promote effective and legally sound management of hazardous wastes by supporting amendments that clarify and update the Basel Convention's annexes, particularly those related to disposal operations. A secondary objective is to maintain the integrity of the Convention by opposing amendments that are considered unnecessary or detrimental to its functioning.
**4. Background and Rationale:**
* This decision addresses specific proposed amendments discussed at the fifteenth and sixteenth meetings of the Conference of the Parties to the Basel Convention. The Russian Federation proposed amendments to Article 6(2) aiming to set a 90-day response limit for importing countries regarding waste shipments. At the same time, the EU proposed amendments to Annex IV and certain entries in Annexes II and IX to clarify descriptions of disposal operations and ensure comprehensive coverage of all operations under the Convention.
* The *reason for the specific amendments* proposed by the EU is to address a need for clearer and more up-to-date descriptions of disposal operations, as scientific and technical advancements have occurred since the Convention's initial adoption. The proposed amendments also seek to ensure that all disposal operations, including those not specifically mentioned, are covered by the Convention's requirements.
**5. Key Provisions / Changes:**
This section focuses specifically on the changes that are being considered for the Basel Convention, and the EU's position on them.
* **Amendment 1: Article 6(2) (Russian Federation Proposal)**
* **Original Policy:** The original Article 6(2) of the Basel Convention deals with the requirements for exporting hazardous wastes. This is about notification of the intention to export.
* **New Rule/Provision (as proposed):** The Russian Federation proposes a 90-day time limit for an importing country to respond to the notifier of a shipment of waste.
* **Difference/Effect:** The EU opposes this change. Thus, the existing process without the explicit 90-day time limit will remain if the EU's position prevails. The EU believes this specific change does not address priority issues and that amending the body of the Convention is disproportionate for the limited added value.
* **Amendment 2: Annex IV and certain entries in Annexes II and IX (EU Proposal)**
* **Original Policy:** Annex IV lists disposal operations, and Annexes II and IX contain lists of wastes.
* **New Rule/Provision (as proposed):** The EU proposes amendments to clarify the descriptions of disposal operations in Annex IV, including:
* Clearly distinguishing between "non-recovery" and "recovery" operations.
* Including introductory texts explaining non-recovery (Annex IVA) and recovery (Annex IVB) operations.
* Updating and clarifying descriptions to reflect scientific and technical developments.
* Introducing "catch-all" provisions to cover operations not specifically mentioned.
* **Difference/Effect:** These changes aim to improve legal clarity, streamline the implementation of control mechanisms, and ensure all waste disposal operations are appropriately managed under the Convention. While the EU supports the changes, it may show flexibility on contentious issues (e.g., "preparing for reuse" and "catch-all operations") to reach a consensus.
**6. Target Audience and Stakeholders:**
Based on the provided text, the primary stakeholders affected by this decision, especially if the EU proposals are adopted, include:
* **Hazardous Waste Generators:** Companies and organizations producing hazardous waste subject to transboundary movement. They will be affected by clearer definitions and potentially stricter control mechanisms.
* **Waste Treatment and Disposal Facilities:** Facilities handling hazardous waste, especially those involved in recovery and non-recovery operations, will be directly impacted by the amended definitions and potential expansion of coverage.
* **Shipping Companies:** Companies involved in the transboundary movement of hazardous waste must adhere to the Basel Convention.
* **National Authorities:** Government bodies responsible for implementing and enforcing the Basel Convention within their respective jurisdictions.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The European Commission, specifically its representatives at the Conference of the Parties, is responsible for advocating the EU's position. Member States are consulted during on-the-spot coordination meetings.
* **Timelines/Procedures:** The decision will be implemented at the seventeenth meeting of the Conference of the Parties. Refinement of the EU's position may occur during the meeting through consultation with Member States. The decision acknowledges that amendments to Directive 2008/98/EC and Regulation (EU) 2024/1157 may be needed if the proposed changes are adopted.
* **Implementation of Changes (Specific to Amendments):**
* **Annex Amendments:** Implementation would likely involve updating national regulations and guidelines to align with the revised Annex IV definitions.
* **Training and Capacity Building:** Training programs for stakeholders would be necessary to ensure understanding and compliance with the new requirements.
**8. Expected Outcomes / Impact of Changes:**
* **Amendment 1 (Article 6(2) - Russian Federation):** As the EU opposes it, the likely outcome is that *if the EU position prevails*, there will be no change to the current process.
* **Amendment 2 (Annex IV and related Annexes - EU Proposal):**
* *Intended outcome of the specific changes:* Enhanced legal clarity regarding disposal operations. Improved application and enforcement of the Basel Convention, especially regarding transboundary movements of hazardous waste.
* *Potential impact of the amendment itself:*
* Reduced ambiguity in classifying disposal operations, leading to more consistent application of the Convention.
* Greater environmental protection due to a more comprehensive and scientifically sound framework for managing hazardous waste disposal.
* Increased compliance costs for some industries due to stricter controls and potential requirements for re-classification of operations.
**9. Conclusion:**
Council Decision (EU) 2025/869 demonstrates the EU's active engagement in shaping the Basel Convention to effectively address the challenges of managing hazardous waste. The EU's support for amendments clarifying and updating Annex IV and related entries is particularly significant. These proposed changes are geared towards promoting legally sound and environmentally responsible waste management practices, with the aim of ensuring the Basel Convention remains a relevant and effective tool for controlling transboundary movements of hazardous wastes and their disposal.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
COUNCIL DECISION EU 2025/869: Council Decision of the European Union with the identifier EU 2025/869.
14 April 2025: Date of the Council Decision.
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal: An international treaty designed to reduce the movements of hazardous waste between nations, and especially to prevent transfer of hazardous waste from developed to less developed countries.
Conference of the Parties to the Basel Convention: The governing body of the Basel Convention, responsible for reviewing the implementation of the Convention and making recommendations.
Article 192(1): Article of the Treaty on the Functioning of the European Union.
Article 218(9): Article of the Treaty on the Functioning of the European Union.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
1992: Year the Basel Convention entered into force.
Council Decision 93/98/EEC: Council Decision on the conclusion, on behalf of the Community, of the Basel Convention.
Article 15(5)(b): Article of the Basel Convention related to the powers of the Conference of the Parties.
June 2022: Date of the fifteenth meeting of the Conference of the Parties.
May 2023: Date of the sixteenth meeting of the Conference of the Parties.
Russian Federation: Country that submitted a proposal for amendments to Article 6(2) of the Basel Convention.
Article 6(2): Article of the Basel Convention.
October 2024: Date when the Russian Federation submitted an amended proposal.
April-May 2025: Timeframe for the seventeenth meeting of the Conference of the Parties.
Annex IV: Annex to the Basel Convention, pertaining to disposal operations.
Annexes II and IX: Annexes to the Basel Convention.
1989: Year the Basel Convention was adopted.
Directive 2008/98/EC: Directive of the European Parliament and of the Council on waste.
Regulation EU 2024/1157: Regulation of the European Parliament and of the Council on shipments of waste.
Luxembourg: Location where the decision was made.
K. Kallas: The President of the Council.
Regulation (EU) No 1257/2013: Regulation mentioned as being amended by Regulation EU 2024/1157.
Regulation (EU) 2020/1056: Regulation mentioned as being amended by Regulation EU 2024/1157.
Regulation (EC) No 1013/2006: Regulation mentioned as being repealed by Regulation EU 2024/1157.
Official Journal EN
of the European Union L series
2025/869 12.5.2025
COUNCIL DECISION (EU) 2025/869
of 14 April 2025
on the position to be taken on behalf of the European Union at the seventeenth Conference of the
Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal with regard to certain amendments to the Convention and the Annexes thereto
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction
with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal(1)(the
‘Convention’) entered into force in 1992 and was concluded by the Union by means of Council Decision
93/98/EEC(2).
(2) Pursuant to Article 15(5)(b) of the Convention, the Conference of the Parties to the Convention (the ‘Conference of
the Parties’) is empowered to consider and adopt, as required, amendments to the Convention.
(3) The Conference of the Parties, during its fifteenth meeting in June 2022 and its sixteenth meeting in May 2023,
considered a proposal for amendments to Article 6(2) of the Convention submitted by the Russian Federation. The
Conference of the Parties decided to defer the consideration of that proposal to the following meeting of the
Conference of the Parties.
(4) The Russian Federation submitted a slightly amended proposal in October 2024 for discussion at the seventeenth
meeting of the Conference of the Parties in April-May 2025. That proposal aims to establish a 90-day time limit for
an importing country to respond to the notifier of a shipment of waste and to include other changes presented as
editorial.
(5) A proposal to amend Annex IV and certain entries in Annexes II and IX to the Convention was submitted on the
Union’s behalf and discussed by the Conference of the Parties during its fifteenth meeting in June 2022. The
proposal aims, inter alia, to amend and clarify the descriptions of disposal operations listed in Annex IV to the
Convention and, in particular, to: include a general introduction clearly distinguishing the terms ‘non-recovery’ and
‘recovery’; include introductory texts explaining what is meant by ‘non-recovery operations’ (Annex IVA) and
‘recovery operations’ (Annex IVB); update and clarify the descriptions of operations in line with scientific, technical
and other developments which have occurred since the Convention was adopted in 1989; and ensure, through the
introduction of catch-all provisions, that all operations not specifically mentioned are covered by the Convention’s
requirements. The Conference of the Parties decided to further consider that proposal at the following meeting of the
Conference of the Parties.
(6) With regard to the proposals to amend Article 6(2) of the Convention submitted by the Russian Federation, the
Union should not support them since they would not help address the problems that the Union considers as
priorities for the functioning of the Convention. In addition, amendments to the body of the Convention text require
a lengthy and burdensome process to enter into force, and it is therefore deemed disproportionate to launch such
a procedure for an amendment that offers little to no added-value. The Union should continue supporting initiatives
designed to improve the functioning of the procedure of ‘prior informed consent’, as currently provided for by the
Convention, provided that they remain in line with broad Union policies and objectives and do not require an
amendment to the Convention.
(1) OJ L 39, 16.2.1993, p. 3, ELI: http://data.europa.eu/eli/convention/1993/98/oj.
(2) Council Decision 93/98/EEC of 1 February 1993 on the conclusion, on behalf of the Community, of the Convention on the control
of transboundary movements of hazardous wastes and their disposal (Basel Convention) (OJ L 39, 16.2.1993, p. 1, ELI: http://data.
europa.eu/eli/dec/1993/98/oj).
ELI: http://data.europa.eu/eli/dec/2025/869/oj 1/2EN
OJ L, 12.5.2025
(7) With regard to the proposal to amend Annex IV and certain entries in Annexes II and IX, the Union should continue
to support its adoption. With a view to reaching consensus on that proposal, the Union should also show flexibility,
in particular with regard to the proposed measures that are unlikely to gather sufficient support for their adoption at
the seventeenth meeting of the Conference of Parties. That includes, for example, deferring the discussion on the
most contentious topics, such as preparing for reuse and catch-all operations, seeking an agreement on the
remaining aspects of the proposal and supporting possible amendments by other Parties, provided that they can
achieve the same objectives as those of the Union’s proposals concerning Annex IV to the Convention.
(8) It is appropriate to establish the position to be taken on the Union’s behalf at the seventeenth meeting of the
Conference of the Parties on those proposals, given that, being amendments to the Convention and its Annexes, they
have legal effects. If adopted by the Conference of the Parties, the envisaged acts will be binding on the Union and
capable of decisively impacting Union law, namely calling for amendments to Directive 2008/98/EC of the European
Parliament and of the Council(3) and to Regulation (EU) 2024/1157 of the European Parliament and of the
Council(4),
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf at the seventeenth meeting of the Conference of the Parties to the Basel
Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (the ‘Conference of the
Parties’) is the following:
(a) the Union shall not support the amendments to Article 6(2) of the Convention, as submitted by the Russian Federation,
but shall support initiatives designed to improve the functioning of the procedure of ‘prior informed consent’, provided
that they are in line with broad Union policies and objectives and do not require amending the Convention;
(b) the Union shall continue to support the adoption of the amendments to Annex IV and to certain entries in Annexes II
and IX to the Convention submitted on the Union’s behalf and discussed by the Conference of the Parties during its
fifteenth meeting. If needed in order to ensure that consensus is found on an amendment to Annex IV, the Union may
show flexibility and agree to depart from its proposal, as long as the amendment contributes to increasing legal clarity
of the Annex and to the implementation of the control mechanisms of the Convention, and does not undermine Union
law regarding the management and shipments of waste.
Article 2
Refinement of the position referred to in Article 1 may be agreed to, in the light of developments at the seventeenth
meeting of the Conference of the Parties, by representatives of the Union, in consultation with the Member States, during
on-the-spot coordination meetings without a further decision of the Council.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 14 April 2025.
For the Council
The President
K. KALLAS
(3) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain
Directives (OJ L 312, 22.11.2008, p. 3, ELI: http://data.europa.eu/eli/dir/2008/98/oj).
(4) Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on shipments of waste, amending
Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 (OJ L, 2024/1157, 30.4.2024,
ELI: http://data.europa.eu/eli/reg/2024/1157/oj).
2/2 ELI: http://data.europa.eu/eli/dec/2025/869/oj