NGO Position paper on the ongoing negotiation process to integrate the Plastic amendment of the Basel Convention into the OECD regulatory Framework

This NGO position paper argues that the OECD must fully integrate the Basel Convention's Plastic Amendment to ensure the environmentally sound management of plastic waste. It contends that current proposals to weaken these controls via 'specifications' or 'lighter' administrative approaches are illegal under Article 11 of the Basel Convention. The authors suggest that if the United States does not withdraw its objection to the amendment, a non-consensus decision should be reached, which would remove all plastic waste from the OECD Decision's scope and subject trade to Basel Convention rules.

• The Basel Plastic Amendment, adopted on May 10, 2019, aims to control the transboundary movement of problematic plastic waste by requiring the prior informed consent (PIC) procedure for certain wastes.
• The automatic incorporation of the Basel Plastic Amendment into the OECD Decision was suspended following an objection filed by the United States on July 9, 2019, requiring a consensus among all OECD members to move forward.
• Under Article 11.2 of the Basel Convention, regional or bilateral agreements must be compatible with the 'environmentally sound management' (ESM) of hazardous and other wastes. The authors argue that the PIC procedure for specific plastic wastes defines what constitutes ESM for plastic waste.
• The authors reject three current options being considered by the WPRPW and task team, stating they fail the Article 11.2 test. Option 1 allows for a 'lighter administrative approach' that could derogate from Basel controls, while Options 2 and 3 propose using vague 'Specifications' to exempt plastic waste from control procedures, ignoring negotiated safeguards such as the exclusion of halogenated plastics and requirements for sorting by polymer type.
• The document challenges the presumption that OECD membership alone guarantees ESM, citing wide differences in national recycling standards, permitting, and inspection regimes, as well as the fact that only economically viable waste is typically recycled.
• In a 'no consensus' scenario, the authors assert that all plastic waste trade would be excluded from the scope of the OECD Decision. This would mean trade between OECD members who are Basel Parties would follow Basel PIC procedures, and legal trade between the United States and Basel Parties would be limited to wastes listed under Annex IX.

APA

Center for International Environmental Law (n.d.). NGO Position paper on the ongoing negotiation process to integrate the Plastic amendment of the Basel Convention into the OECD regulatory Framework. https://www.ciel.org/wp-content/uploads/2020/07/NGO-Position-Paper-Basel-OECD-March_1st.pdf

Chicago

Center for International Environmental Law. NGO Position paper on the ongoing negotiation process to integrate the Plastic amendment of the Basel Convention into the OECD regulatory Framework. n.d. https://www.ciel.org/wp-content/uploads/2020/07/NGO-Position-Paper-Basel-OECD-March_1st.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=NGO Position paper on the ongoing negotiation process to integrate the Plastic amendment of the Basel Convention into the OECD regulatory Framework |url=https://www.ciel.org/wp-content/uploads/2020/07/NGO-Position-Paper-Basel-OECD-March_1st.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallawndngo, author = {{Center for International Environmental Law}}, title = {{NGO Position paper on the ongoing negotiation process to integrate the Plastic amendment of the Basel Convention into the OECD regulatory Framework}}, publisher = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2020/07/NGO-Position-Paper-Basel-OECD-March_1st.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }