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STATUS OF ESTATUS OF E--WASTE LEGISLATION IN WASTE LEGISLATION IN NIGERIANIGERIA

By

Dr. (Mrs.) Dr. (Mrs.) NgeriNgeri. S. . S. BeneboBenebo JPJPDirector General/Chief Executive

National Environmental Standards and RegulationsEnforcement Agency (NESREA), Nigeria

A Presentation at the Pan African Forum on E-waste, Nairobi, Kenya.

14th – 16th March, 2012

PRESENTATION OUTLINEPRESENTATION OUTLINE� Introduction

� National Environmental Standards and Regulations Enforcement Agency

� E-waste Legislation

� Extended Producer Responsibility

� Challenges

� Way forward

� Conclusion 3

IntroductionIntroduction

� Most EEE equipment contain hazardous substances such as lead, cadmuim, mercury polychlorinated biphenyls and brominated flame retardants, etc.

� In Nigeria, Waste Electrical/Electronic Equipment (WEEE), are either internally generated or imported illegally as “second hand”goods in an attempt to bridge the so-called ‘digital divide’;

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Introduction ... IIIntroduction ... II

� In Nigeria, the informal recycling sector burns these UEEE after collection, to extract valuable substances like copper and gold; and

� These lead to emission of the hazardous constituents of the UEEE into the environment, as a result, there are rising incidences of cancer, strange illnesses and unexplained deaths.

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National Environmental Standards and National Environmental Standards and Regulations Enforcement Agency (NESREA)Regulations Enforcement Agency (NESREA)

� NESREA was established in 2007 as the new institutional mechanism for environmental protection and sustainable development in Nigeria. It is an Agency of the Federal Ministry of Environment.

� Her vision is to ensure a cleaner and healthier environment for all Nigerians, while her mission is to inspire personal and collective responsibility in building an environmentally conscious society for the achievement of sustainable development in Nigeria.

� NESREA has the power to, among others, prohibit processes and use of equipment or technology that undermine environmental quality.

� The mandate of NESREA includes development of new, and review ofexisting national environmental laws and regulations. The enforcement of all Multi-lateral Environmental Agreements, Protocols, Treaties and Conventions to which Nigeria is a signatory, including the Basel Convention.

National Laws/Regulations Relating to E-Waste Control

� Environmental Impact Assessment Act Cap E12

- The objective is to ensure that environmental factors are considered in the decision making process while likely adverse/hazardous environmental impacts are identified and minimized.

� Harmful Waste (Special Criminal Provisions) Act Cap HI

� The National Environmental (Sanitation and Waste Control) Regulation 2009

� Guide for Importers of UEEE

� The National Environmental (Electrical/Electronic Sector) Regulations 2011.

Harmful Waste (Special Criminal Provisions) Act Cap HI

The Act prohibits the carrying, deposition and dumping of harmful waste on any land, territorial waters and matters relating thereto.

�The penalty to the extent of life imprisonment and in addition forfeit the carrier including aircraft vehicles or any other thing used in the transportation or importation of the waste to the Federal Government of Nigeria. Where the offence is being committed by a corporate body through the negligence or consent of the principal officers of the company, the officer and the body corporate shall be punished accordingly.

The National Environmental (Sanitation and Waste Control) Regulation 2009

The Act provides that � No person is to engage in any activity likely to generate Hazardous

waste without permit by the Agency;

� A generator of waste shall ensure a secured means of storing such wastes;

� Every person who generates hazardous waste shall cause such waste to be treated using acceptable methods;

� No person shall export or transit hazardous waste without permit by the Agency;

� No person shall transit toxic waste destined for another countrythrough the territory of Nigeria without prior informed consent of such movement by the Agency

� Any person who fails to comply with the above obligations shall be guilty of an offence punishable with a fine of N5,000,000 or imprisonment for five years or both.

Guide for Importers of UEEE

The major Provisions� Every importer of UEEE should register with NESREA;

� The Federal Government of Nigeria allows the importation of new EEE and functional UEEE;

� Nigeria has banned the importation of WEEE and near-end-of-life electrical/electronic equipment;

� Any WEEE imported into Nigeria shall be sent back to the Port of origin;

� Administrative punitive fee shall be imposed on the carrier of WEEE or UEEE mixed with WEEE;

Every carrier of UEEE shall be accompanied by:

� Cargo Movement Requirement (CMR) document;

� Proof of evaluation/testing and certificate containing testing information on each item;

� Declaration of the liability by the importer (Letter of Indemnity); and

� Copy of permit to import.

The National Environmental (Electrical Electronic Sector) Regulations SI No 23 of 2011

� The Regulation is based on life cycle approach and covers all aspects of the electrical/electronic sector from cradle to grave;

� The principles are anchored on the 5Rs which are; Reduce, Repair, Re-use, Recycle and Recover as the primary drivers of the sector;

� Adopts the Polluter Pays Principle;

� Ensures the practice of Environmentally Sound Management (ESM); and

� Delineates Stakeholders responsibilities and roles

Activities that require permit under the regulation:

�Export or transit of e-waste must be with a valid trans-boundary movement permit issued from the Federal Ministry of Environment.

�Importation of UEEE.

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Extended Producer Responsibility:Extended Producer Responsibility:The Role of Key Stakeholders The Role of Key Stakeholders

� All importers, exporters, manufacturers, assemblers, distributors, and retailers, of various brands of EEE products shall subscribe to an Extended Producers’ Responsibility (EPR) Program including the Buy Back;

� The importers/distributors for all EEE equipment traded or donated to individuals, educational institutions, religious organizations, communities or body corporate by whatever means, shall comply with the EPR Program;

� Manufacturers and Importers of EEE shall partner with the Agency on the Extended Producers’ Responsibility Program within two years of commencement of these Regulations in order to achieve the Buy Back Program within a period of two years;

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Extended Producer Responsibility:Extended Producer Responsibility:The Role of Key Stakeholders ... IIThe Role of Key Stakeholders ... II

Manufactures and Importers are to:

�Submit a proposal for an Extended Producers’ Responsibility Programme to the Agency for approval; such a proposal is to include elements for a successful implementation of the scheme;

�Establish a process for the collection, handling, transportationand final treatment of post-consumer electrical electronic products regardless of who is the original brand owner;

�Incorporate the principles of a pollution prevention hierarchy by moving progressively from disposal to reduce, reuse, repair, recover and recycle of post-consumer products;

�Pay an administrative cost to NESREA for use in the promotion of environmentally sound management of WEEE; and�Create awareness through publications, advertisements, posters, or by any other means of communication and information booklets on thehandling and disposal of the equipment.

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EE--waste Dismantlers waste Dismantlers

Every dismantler shall:

� Obtain registration from the Agency

� Ensure that the facility and dismantling processes are in accordance with the standards or guidelines published by the Agency from time to time;

� Not process any e-waste for recovery or refining of materials, unless he is registered with NESREA as the recycler for refining and recovery of materials: and

� File annual return to the Agency as the case may be, on or before 30th June following the financial year to which that return relates.

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EE--waste waste RefurbishersRefurbishers

Refurbishers are to:

• Apply to the Agency for registration and submit details of e-waste generated on yearly basis;

• Ensure that the e-waste collected or generated during the process of refurbishing is safely transported to authorized collection centers or registered recyclers as the case may be;

• file annual returns of records to the Agency on or before the 30th day of June following the financial year to which that return relates;

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EE--waste collection centreswaste collection centresAny person(s) operating collection centre(s) individually or

collectively shall:

�Obtain an authorization in accordance with the procedures in the regulation from the Agency as the case may be and provide details such as address, telephone number/helpline number, e-mail, etc. of such collection centre(s) to the general public.

� Ensure that the e-waste collected are stored in a secured manner till these are sent to producer(s) or refurbisher (s) or dismantler (s) or recycler(s) as the case may be;

� Ensure that no damage is caused to the environment during storage and transportation of e-waste; and

�File annual returns to the Agency on or before the 30th day of June following the financial year to which that returns relate.

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EE--waste Recyclerswaste Recyclers

Every recycler shall:

� Obtain registration from Agency in accordance with the procedures prescribed in the Regulations;

� Ensure that the facility and recycling processes are in accordance with the standards laid down in any guidelines published by NESREA from time to time;

� Make available all records to the Agency for inspection;

� Ensure that residue generated thereof is disposed in a hazardous waste treatment disposal facility;

� File annual returns to the Agency as the case may be, on or before 30th June following the financial year to which that returns relate.

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PenaltiesPenalties

National Environmental (Electrical Electronic Sector) Regulations

• Any person who violates any of the provisions of the Regulations commits an offence and shall on conviction, be liable to a fine not exceeding N200,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment with an additional fine of N5,000 for every day the offence subsists;

• Where an offence under any sub-section of the Regulation is committed by any facility, it shall on conviction, be liable to fine not exceeding N1, 000,000 with an additional fine of N50, 000 for every day the offence subsists.

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Achievements to date Achievements to date

� Establishment of the Inter-ministerial Consultative Committee on E-waste, with NESREA as Chair;

� Hosting of International Conference on E-waste Control which produced the “Abuja Platform on E-Waste”, July 2009;

� Hosting of International E-Waste Summit on Regulations and Management of E-Waste in Nigeria, February, 2010.

� Memorandum of Understanding signed with Standards Organisationof Nigeria, Consumer Protection Council Alaba International Market Amalgamated Traders Association and NESREA on the establishment of a task force to monitor the importation of e-waste and other substandard electrical/electronic goods into Nigeria;

� Reactivation of the National Toxic waste Dump Watch Programme (NTWDWP) to monitor and check clandestine importation and dumping of hazardous substances into Nigeria;

� Several illegal shipment of WEEE sent back to their countries oforigin;

� Registration of Importers of used EEE;

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Achievements to date ... IIAchievements to date ... II� Crown witness in a case instituted by the UK Environment Agency

against importers of WEEE to Nigeria, in 2011.� Promulgation of National Regulations on electrical/electronic

sector;� Development of Guide for importation of used EEE and posting of

the Guide on the Agency’s website;

� Study tours to Taiwan and UK to see how e-waste recycling is done with a view to replicating same in Nigeria;

� Organization of workshop for importers of UEEE, Clearing Agents and Shipping Lines to control the influx of UEEE imported into the country and awareness on the health and environmental impacts ofE-waste; and

� Establishment of collaboration with the Nigerian Customs Serviceon the Automated System for Customs Data (ASYCUDA) for profiling goods imported into the country;

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Achievements to date ... IIIAchievements to date ... III

� Participation in the International Network on Environmental Compliance and Enforcement (INECE) Seaport Environmental Security Network (SESN) inspection month held simultaneously in several seaports around the world in selected countries in Asia, South America and Africa;

� Participated in one month special training programme on illegal shipment on e-waste with the UK Environment Agency in 2011;

� Networking and collaboration with relevant national as well as international agencies and organisations on issues relating to e-waste; and

� Capacity building of enforcement Officers:

• Training programme on E-Waste Africa Project, WEEE Inspection and Enforcement Training organised by IMPEL and Basel Convention in September, 2010 in the Netherlands and Belgium

• Exchange Programme of Nigeria Inspectors at the Ports of Bremen and Antwerp organisd by INECE, October, 2011,

• Several national meetings and training programmes, in collaboration with Basel Convention and/or IMPEL-TFS

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ChallengesChallenges

•Many hazardous constituents in WEEE which can have negative impacts on the environment and human health are disposed with municipal waste;

•Poor implementation of the Take-back and the Extended Producer Responsibility Programmes in Nigeria;

•Lack of basic and/or state-of-the-art recycling and waste disposal facilities; and

•Inadequate awareness of the public on the dangers and problems associated with e-waste.

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Way ForwardWay Forward

� Nigeria is presently discussing with some Original Equipment Manufactures (OEM) (HP, Dell, Nokia and Philips) for effective implementation of the Take-back and the Extended Producer Responsibility Programmes.

� We are also discussing with a UK based recycler to establish a recycling plant to take care of WEEE.

� At the National level, NESREA through the National State Regulatory Dialogue, is engaging all Stakeholders at Federal, State and Local Government levels in the implementation of the National Environmental (Electrical/Electronic Sector) Regulations of 2011

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CONCLUSIONCONCLUSION� The Nigerian Government is making continuous efforts to control/check the influx of e-waste into the country, and is fully supporting all regional andglobal efforts to fight the menace;

� Nigeria has signaled her refusal to be a dumping ground for e-waste or any other hazardous waste by putting in place adequate Regulations;

� Intending exporters of EEE from the developed countries should acquaint themselves with the national Regulations;

� At this Forum we want to learn from other countries on how they have managed the e-waste menace, so that we can take the lesson learnt for replication in Nigeria; and

� Finally we want to appreciate the efforts of the organisers of this Forum for their hospitality and opportunity for countries to share experiences and learn from each other.

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THANK YOUTHANK YOU

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…… ensuring a cleaner and healthier environment for Nigeriansensuring a cleaner and healthier environment for Nigerians

NESREANESREA