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

Section: PIC Workflows · Type: guide