Group says ‘e-waste’ shipments in Subic expose legal loophole

SUBIC BAY FREEPORT, Philippines — An environmental coalition has warned that alleged shipments of electronic waste (e-waste) from the United States to this free port could violate the Philippines’ obligations under the Basel Convention by exploiting a legal loophole covering recyclable materials.

The Environmental Task Force Against Illegal E-Waste Imports to the Philippines (END E-WASTE IMPORTS) said the transfer of waste from nonparties to parties to the convention violates international law and could encourage similar shipments to other developing countries.

The statement came days after Subic Bay Metropolitan Authority officer in charge senior deputy administrator for the Regulatory Group and Deputy Administrator for Public Health Amethya dela Llana denied allegations that the free port was being used as a dumping ground for toxic waste, saying the imported materials were “raw materials for recycling and processing, not for dumping.”

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But the coalition said the issue goes beyond whether the materials are intended for recycling.

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The task force is composed of BAN Toxics, Basel Action Network, Global Alliance for Incinerator Alternatives Asia Pacific, Break Free From Plastic–Asia Pacific, Kalikasan People’s Network for the Environment, Greenpeace Philippines and EcoWaste Coalition.

READ: BOC, other agencies to tackle suspected US e-waste shipments in Subic

It also includes the Center for Environmental Concerns–Philippines, Pangasinan People’s Strike for the Environment, Central Luzon Environmental Action Network and Kabataan Partylist.

Import clearance

The coalition noted that under Department Administrative Order No. 2013-22, imported used electronic equipment and electronic scrap for dismantling, recycling or material recovery are regulated and require registration and import clearance from the Environmental Management Bureau. Waste Electrical and Electronic Equipment (WEEE) is also classified as hazardous waste.

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READ: Groups claim 234 containers of suspected US e-waste reached Subic

“Even if the exporting country’s policies do not classify e-waste or e-scrap as hazardous waste, the transboundary movement remains subject to the Basel Convention when the importing country classifies such material as hazardous,” the task force said.

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Because the Philippines classifies WEEE and e-waste as hazardous waste, exporting countries must notify Philippine authorities and obtain prior informed consent before shipments can proceed, it added.

The coalition also cited a 2025 Manila court ruling involving three Subic-based firms, saying their imports of used electronic equipment for recycling and material recovery remain subject to the Basel Convention’s Prior Informed Consent requirement.

The statement followed allegations by environmental groups that at least 234 containers of suspected e-waste and one container of plastic waste from the United States had entered the Subic Freeport since March. The groups said the shipments were tracked through “Operation Can Opener,” an initiative of the Basel Action Network that uses trade data and GPS trackers hidden inside discarded electronics.

The task force also pointed out that while the Basel Convention allows certain cross-border waste shipments, Article 4 prohibits parties from importing hazardous waste from nonparties unless covered by a bilateral agreement. The United States is not a party to the convention, while the Philippines ratified it in 1993.

“The only exemption is if there are bilateral agreements between states. However, no such bilateral agreement between the US and the Philippines is available to the public,” the coalition said.

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ACT Teachers Rep. Antonio Tinio and Kabataan Rep. Renee Co filed House Resolution No. 1164 to investigate the illegal importation of hazardous electronic waste from the United States via Subic Bay Freeport Zone. —WITH A REPORT FROM ANDREA GREGORIO