Import Country Response

← Back to PIC Procedure Workflows

Import Country Response

Under Basel Article 6(5), the importing country's competent authority has 60 days from receipt of notification to issue a response. This response can take three forms: written consent, conditional consent, or objection. Understanding each type of response and how to address conditions or objections is critical for successful notification completion.

Legal Framework

BASEL ARTICLE 6(5) REQUIREMENTS:

• Importing state must respond within 60 days of receiving notification
• Response must be in writing and transmitted through official channels
• Consent may be subject to conditions per Article 6(4)
• Failure to respond does not automatically equal consent (except OECD tacit consent)
• Movement cannot proceed until written consent received

OECD TACIT CONSENT EXCEPTION:

• Applies to movements between OECD member countries under OECD Decision C(2001)107
• If importing OECD country does not respond within 30 days, consent is presumed
• Only applies to specific waste types (check OECD amber and green lists)
• Does not apply to movements involving non-OECD countries
• Exporting authority typically confirms tacit consent in writing

Types of Responses

WRITTEN CONSENT (UNCONDITIONAL):

• Importing authority approves notification as submitted
• Specifies validity period (typically 12 months from date of consent)
• Lists maximum quantity authorized for movement
• May specify number of shipments or shipment frequency
• Includes conditions standard for all movements (notification of each shipment, movement document requirements)
• Authorizes movement to proceed once transit consents also received

CONDITIONAL CONSENT:

• Approval granted subject to specific additional requirements
• Conditions must be satisfied before movement can proceed
• Common conditions include facility permit upgrades, additional insurance, or enhanced reporting
• May require confirmation of conditions met before final authorization issued
• Timeline extended until conditions satisfied

OBJECTION (DENIAL):

• Importing authority refuses to consent to proposed movement
• Must provide reasons per Article 6(1)(d)
• Common objection reasons: inadequate facility authorization, environmental concerns, national policy restrictions
• Notifier may address objections and resubmit or abandon notification
• Movement cannot proceed without consent

Common Conditions Imposed

FACILITY-RELATED CONDITIONS:

• Facility must obtain upgraded permit before waste arrival
• Facility must provide additional ESM documentation
• Independent facility audit required before first shipment
• Facility capacity verification needed
• Facility must demonstrate specific treatment capabilities

DOCUMENTATION CONDITIONS:

• More detailed waste characterization required
• Additional laboratory analysis of specific constituents
• Proof of waste origin or generation process
• Enhanced chain of custody documentation
• Additional photographs or sampling data

OPERATIONAL CONDITIONS:

• Pre-notification required for each individual shipment (beyond standard movement document)
• Advance arrival notification (e.g., 48 hours before expected delivery)
• Port of entry restrictions (specific customs points only)
• Escort or inspection requirements during transit
• Specific packaging or labeling beyond Basel minimum requirements

FINANCIAL CONDITIONS:

• Increased insurance coverage amounts
• Financial guarantee or bond for potential re-import
• Import permit fees (separate from notification fees)
• Deposit requirements refundable upon completion of recovery/disposal

REPORTING CONDITIONS:

• Enhanced reporting on each shipment (quantities, dates, facility processing)
• Certification of final recovery or disposal
• Annual summary reports of all movements under notification
• Facility inspection reports submitted to importing authority

Timeline Variations

OECD COUNTRIES (TYPICALLY 30-45 DAYS):

• Well-resourced competent authorities with electronic systems
• Tacit consent available for certain waste streams (30 days)
• Faster facility verification due to established databases
• English language reduces translation delays

EUROPEAN UNION (30-60 DAYS):

• EU Regulation 1013/2006 supplements Basel requirements
• Streamlined procedures for intra-EU movements
• Electronic notification systems in most member states
• Typical response: 40-50 days for standard notifications

ASIA (60-90 DAYS):

• China: 60-90 days typical, high rejection rate for incomplete documentation
• Japan: 45-60 days, detailed technical review
• India: 60-120 days, facility verification time-consuming
• Malaysia/Thailand: 60-90 days, e-waste import restrictions common

AFRICA (60-120+ DAYS):

• Limited competent authority resources in many countries
• Facility permit verification challenging
• Translation requirements for French/Portuguese-speaking countries
• South Africa: 90-120 days typical
• Nigeria/Ghana: 90+ days, complex regulatory environment

LATIN AMERICA (60-90 DAYS):

• Spanish/Portuguese translation required
• Mexico: 60-75 days typical
• Brazil: 75-90 days, multiple agency approvals required
• Chile/Argentina: 60-90 days

For comprehensive regional timeline details, seeTimeline Expectations by Region.

Responding to Conditional Consent

STEP 1: ANALYZE CONDITIONS CAREFULLY

• Read all conditions thoroughly
• Identify which conditions you can satisfy immediately
• Determine which conditions require facility action or third parties
• Estimate time and cost to satisfy each condition
• Assess whether conditions are reasonable and achievable

STEP 2: DEVELOP COMPLIANCE PLAN

• Create timeline for satisfying each condition
• Assign responsibility for each condition (notifier, facility, transporter, etc.)
• Identify documents or evidence needed to demonstrate compliance
• Estimate costs and obtain necessary approvals
• Communicate plan to importing competent authority if conditions are complex

STEP 3: SATISFY CONDITIONS

• Work systematically through each condition
• Obtain all required documentation, permits, or certifications
• Ensure evidence clearly demonstrates condition met
• Maintain communication with importing authority throughout process
• Request clarification immediately if condition requirements unclear

STEP 4: SUBMIT COMPLIANCE DOCUMENTATION

• Compile evidence for all conditions in organized package
• Cross-reference each condition with corresponding evidence
• Include cover letter summarizing how each condition was satisfied
• Submit through exporting competent authority (do not send directly to importing authority)
• Request confirmation that conditions deemed satisfied

STEP 5: RECEIVE FINAL CONSENT

• Importing authority reviews compliance documentation
• May request additional clarification or evidence
• Issues final unconditional consent once all conditions met
• Consent letter specifies that conditions have been satisfied
• Movement can proceed once transit consents also received

Addressing Objections

COMMON OBJECTION REASONS:

• Facility lacks adequate permit or authorization for specific waste code
• Waste classification disputed (authority believes waste is different code or more hazardous)
• Environmental concerns about facility operations or location
• National policy restricts import of this waste type
• Insufficient ESM demonstration
• Concerns about illegal trafficking or misrepresentation
• Incomplete documentation or information

STRATEGIES FOR ADDRESSING OBJECTIONS:

• Request detailed explanation of objection reasons if not provided
• Assess whether objections can be overcome with additional information
• Provide supplemental documentation addressing specific concerns
• Offer facility site visit or independent audit
• Consider facility permit upgrade if authorization issue
• Explore alternative facilities if objections cannot be resolved
• Consult with importing authority informally to understand path forward

RESUBMISSION AFTER OBJECTION:

• If objections addressed, may resubmit modified notification
• Clearly state how objections have been resolved
• Provide evidence supporting changes made
• Reference original notification tracking number
• Be prepared for extended review timeline on resubmission

For detailed guidance on resubmission procedures, seeAppealing Rejections.

Monitoring Response Status

TRACKING TIMELINE:

• Calculate 60-day deadline from date importing authority received notification
• Exporting authority typically notifies you when transmission occurs
• Mark deadline on calendar and set reminders at 30 and 50 days
• Contact exporting authority for status updates if approaching deadline

PROACTIVE COMMUNICATION:

• Confirm with facility that they've received notification copy
• Verify facility has submitted any required documentation to importing authority
• Ask exporting authority for updates at 30-day mark
• Be prepared to respond quickly to any requests for clarification
• Maintain regular contact with all parties involved

Practical Guidance

FOR FIRST-TIME EXPORTS TO A COUNTRY:

• Expect longer review times and more scrutiny
• Budget extra time for conditional consent requirements
• Consider pre-consultation with importing authority if possible
• Engage local consultant familiar with country's requirements
• Over-document ESM measures and facility capabilities

FOR ESTABLISHED WASTE STREAMS:

• Reference prior approvals in new notifications
• Highlight track record of compliant movements
• Maintain consistent facility, routing, and waste characterization
• Build relationships with importing authority staff
• Renewal notifications typically process faster than initial approvals

FOR COMPLEX OR NOVEL WASTE STREAMS:

• Expect conditional consent rather than immediate approval
• Provide extensive technical documentation upfront
• Offer facility site visits or audits proactively
• Engage technical experts to support facility ESM demonstration
• Budget 3-6 months additional time for condition satisfaction

Common Errors

• Assuming tacit consent applies to non-OECD movements
• Shipping before receiving written consent
• Not tracking 60-day deadline accurately
• Failing to respond promptly to requests for clarification
• Underestimating time to satisfy conditional consent requirements
• Not maintaining communication with facility during review period
• Ignoring objection reasons and attempting to ship anyway
• Not keeping exporting authority informed when addressing conditions

References

• Basel Convention Text - Article 6(4) and 6(5) (Consent Requirements)
• Basel Instruction Manual - Consent Procedures
• OECD Decision C(2001)107/FINAL on Tacit Consent

COP-17 update: Annex IV and e-waste guidelines

COP-17 was held from 28 April to 9 May 2025 and adopted 28 Basel Convention decisions. Operators should treat those decisions as the current reference point when preparing Basel Convention files for transboundary movements.

BC-17/15 adopted a replacement Annex IV. The update is scheduled to become effective on 1 January 2030, following depositary communication on 1 July 2029. Until national implementation is confirmed, use current domestic rules but plan workflows, contracts, and recovery/disposal references for the 2030 Annex IV replacement.

BC-17/4 adopted new technical guidelines on transboundary movements of e-waste and used electrical and electronic equipment (EEE). For e-waste and used EEE movements, reference these COP-17 guidelines when preparing classification, PIC, ESM, and supporting documentation.

Practical operator note: for 2025–2029 files, record which Basel decision basis is being used, confirm competent-authority expectations, and revisit Annex IV and e-waste assumptions before shipment approval or renewal.