Imagine the relentless movement of global trade, with ships carrying countless commodities across continents. Beneath this apparent prosperity lies a disturbing secret: unauthorized plastic waste, like ghost riders, hitchhikes on trade routes to infiltrate nations lacking proper disposal capacity. These plastic wastes accumulate into mountains, pollute rivers, erode land, and pose severe threats to local environments and public health.
This illegal dumping of plastic waste not only damages the environment but also violates principles of fair trade. Developed nations transfer disposal responsibilities to developing countries, evading their environmental obligations. Such practices exacerbate global environmental issues while harming developing nations' interests.
Upgrading Customs Codes: An Urgent Response to Plastic Pollution
Plastic pollution has become an increasingly severe global challenge. We live in a plastic age where these materials permeate every aspect of modern life—from food packaging to electronics, clothing to automobiles. However, excessive use and improper disposal create tremendous environmental pressure.
Plastic waste contaminates land and oceans, endangers wildlife, and enters human bodies through food chains as microplastics. More alarmingly, illegal dumping—particularly of potentially hazardous waste—persists in countries lacking proper disposal infrastructure. Some operators disguise plastic waste as recyclables for export to developing nations that lack advanced processing technologies and regulatory frameworks, resulting in environmental damage and health risks.
In response, the international community has sought solutions. In 2019, 186 Basel Convention parties adopted the landmark Plastic Waste Amendments, bringing more plastic waste types under the convention's control. To strengthen enforcement, the World Customs Organization (WCO) will implement the updated Harmonized System (HS 2028) in 2028, introducing detailed plastic waste classifications to help authorities and businesses comply with Basel Convention requirements.
The Basel Convention: Regulating International Waste Trade
The Basel Convention serves as the global framework controlling transboundary movements of hazardous and other wastes, functioning like a traffic light system for international waste shipments. Established in 1989 by UNEP, it addresses hazardous waste exports from developed to developing nations, requiring environmentally sound management and measures against illegal dumping.
Under the convention, exporting governments must provide detailed documentation about waste shipments—including type, quantity, composition, and disposal methods—to transit and destination countries, ensuring environmentally sound management. Such transfers require prior informed consent (PIC) from importing and transit nations, giving them authority to refuse non-compliant waste.
The convention covers "hazardous waste" defined by origin, composition, or hazardous characteristics, plus two "other waste" categories—household waste and incinerator ash. It also includes waste deemed hazardous under national legislation and presumed non-hazardous waste contaminated with hazardous components.
Expanding Coverage: Regulating Plastic Waste
Before the Plastic Waste Amendments took effect in January 2021, Basel Convention controls on plastic waste were limited. The amendments significantly expanded controlled plastic waste categories:
- Y48: Non-hazardous mixed plastic waste—typically difficult-to-recycle mixtures prone to illegal dumping.
- A3210: Hazardous plastic waste containing harmful substances like flame retardants or plasticizers.
Additionally, the amendments defined B3011 as exempt—clean, recyclable plastic waste comprising single non-halogenated polymers or specific fluorinated polymers, polyethylene, polypropylene, and/or polyethylene terephthalate mixtures meeting purity requirements.
Revised Customs Codes: Strengthening Enforcement
Customs authorities serve as the first line of defense in international trade, verifying shipping documents and licenses to ensure waste shipments match declarations. Effective enforcement requires customs officers to accurately identify plastic waste types and assess Basel Convention compliance.
The primary challenge lies in using Harmonized System (HS) codes to identify shipments potentially subject to Basel controls. The HS—an international product classification system—enables customs to quickly classify goods for tariffs, trade statistics, and regulation. Clear linkages between Basel waste codes and HS codes would significantly aid customs and private sector compliance.
HS 2028: Major Changes for Plastic Waste Classification
To better align with Basel Convention requirements, WCO will implement HS 2028 with significant plastic waste classification changes:
- New subheading 3915.40 identifies hazardous plastic waste (and mixtures) meeting Basel criteria, corresponding to entry A3210.
-
Presumed non-hazardous plastic waste
meeting B3011 purity requirements falls under specific subheadings:
- 3915.51-3915.59: Single non-halogenated polymer waste with minimal contamination.
- 3915.62: Production waste from specified fluorinated polymers meeting purity standards.
- 3915.91: Mixtures of polyethylene, polypropylene, and/or PET with minimal contamination.
-
Y48 waste requiring PIC
classifies as:
- 3915.61: PVC polymer waste only.
- 3915.69: PVC-containing mixtures.
- 3915.99: Other waste mixtures.
Implementation Challenges and Opportunities
HS 2028 presents both opportunities and challenges for global plastic waste trade:
Opportunities:
- More precise regulation through detailed waste classification.
- Enhanced transparency to combat illegal trade.
- Stronger enforcement tools against illegal dumping.
- Promotion of circular economy through improved recycling.
Challenges:
- Implementation costs for training and system updates.
- Higher compliance burdens for businesses.
- Coordination difficulties among nations.
- Technical requirements for advanced monitoring.
Building a Global Framework for Plastic Governance
While upgraded customs codes represent progress, comprehensive solutions require:
- Reducing plastic consumption through alternative materials.
- Improving recycling infrastructure and rates.
- Advancing recycling technologies.
- Strengthening international cooperation.
- Raising public awareness.
Only through coordinated, multifaceted efforts can we establish effective global plastic governance and protect environmental health for future generations.