By �

Mrs. Miranda Amachree �

National Environmental Standards and Regulations �
Enforcement Agency (NESREA), Nigeria �

A Presentation made at the 3rd Annual Meeting of the

Global
E-Waste Management Network (GEM3) �

San Francisco, USA.

15th – 19th July, 2013
0VERVIEW OF PRESENTATION
• Introduction
• National Laws and Regulations relating to E-
waste control
• Current Status of WEEE Management
• Partnerships
Partnerships
• Major Accomplishments
• Implementation of Sector Regulations –
Progress made since GEM2
• Lessons Learned and Future Goals
• Questions for Discussion/Conclusion
 INTRODUCTION
! The National Environmental Standards and Regulations Enforcement
Agency (NESREA) an Agency of the Federal Ministry of
Environment is responsible for the enforcement of all environmental
laws in Nigeria;

! 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
responsibility building an environmentally
environmentally conscious society
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
of existing national environmental laws and regulations. The
enforcement of all Multi­lateral Environmental Agreements,
Protocols, Treaties and Conventions to which Nigeria is a signatory,
including the Basel Convention.
 INTRODUCTION II

KEY STAKEHOLDERS
STATE AND
FEDERAL MINISTRIES LOCAL
AND AGENCIES GOVERNMENTS

PRIVATE SECTOR
NESREA CORPORATE BODIES
INDUSTRIES
BUSINESS ASSOCIATES

PROFESSIONAL
ORGANIZATIONS, ACADEMIA
CONSULTANTS DEVELOPMENT
NON-GOVERNMENTAL PARTNERS/INTERNATIONAL
ORGANIZATIONS ORGANISATION
CIVIL SOCIETIES UN AGENCIES
FAITH BASED ORGANISATION

MEDIA
(ELECTRONIC AND
PRINT)
 INTRODUCTION ..III

OFFICES
* Acquisition of
Offices in
Progress
+ Newly Acquired
Offices

• Establishment of 24 NESREA State offices in

partnership with the respective State
Governments in the North East, North West,
North Central, South West, South­South and
South East with 6 Zonal offices
 INTRODUCTION ..IV

ORGANOGRAM

HONOURABLE
MINISTER

DIRECTOR
GENERAL

ZONAL OFFICES
INTERNAL AUDIT
COORDINATION

PRESS &
SERVICOM
PROTOCOL

LABORATORY
LEGAL SERVICES
SERVICES

ENVIRONMENTAL ADMINISTRATION
PLANNING & INSPECTION &
QUALITY &
POLICY ANALYSIS ENFORCEMENT
CONTROL FINANCE

Industrial Environmental
Policy Analysis
Compliance Quality Finance
& Cooperation
Monitoring & Technology

Environmental
Planning &
Sanitation Conservation
Information Administration
Compliance Monitoring
Management
Monitoring

Environmental Land Degradation &

Education & Watershed 7
Awareness Monitoring
 National Laws and Regulations Relating to E­Waste
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, 1988 and
updated in 2004;

! The National Environmental (Sanitation and Waste Control) Regulation

2009;

! Guide for Importers of UEEE;

! The National Environmental (Electrical/Electronic Sector)

Regulations 2011.
 National Laws and Regulations Relating to E­
Waste Control
Harmful Waste (Special Criminal Provisions) Act Cap HI, 2004
The Act prohibits the carrying, deposition and dumping
of harmful waste on any land, territorial waters and
matters relating thereto.

!The p
penalty
enalty to the extent of life imprisonment
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.
 National Laws and Regulations Relating to E­
Waste Control ..II

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 country
through 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.
 NATIONAL LAWS RELATING TO E
E­­WASTE
CONTROL ..III
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
end­of­life electrical/electronic equipment;
! Any WEEE imported into Nigeria shall be sent back to
the Port of origin;
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.
 NATIONAL LAWS RELATING TO E­WASTE
CONTROL ..IV
! 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, Re­use, 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 e­waste must be with a valid
trans­boundary movement permit issued from the
Federal Ministry of Environment.
!Importation of UEEE.
12
 N
NA
ATIONAL
TIONAL LAWS RELATING TO E
E­­WASTE
CONTROL ..V
Extended Producer Responsibility
Responsibility:: 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;

13
 N
NAATIONAL
TIONAL LAWS RELATING TO E­
E­WASTE CONTROL ..VI

Specific Provisions of the EEE Sector Regulations

• Importation of CRT is banned;
• Manufacturers, Importers, Distributors or Retailers are to
take back the end­of­life EEE and setup collection
points/centres;
• Manufacturers and producers of EEE are to ensure
Environmentally Sound Management of e­waste from
collection points or centres;
• Consumers are to return end­of­life EEE to the collection
points or centres; and
• All importers of new and/or used EEE are to pay an
administrative cost to NESREA to promote Environmentally
Sound Management of WEEE.
 CURRENT WEEE STATUS
• According to Basel Action Network (BAN 2005) study in
conjunction with BCC Nigeria, Nigeria imported about
500,000 used computers annually through the Lagos port
alone;
• About 25% of the imports are functional used electronics �
while the remaining 75% is junk or unserviceable, which is
eventually burnt
eventually burnt or dumped
dumped carelessly;
carelessly;
• A preliminary survey conducted in Lagos area after the BAN
study showed that the volume of imported electronic
equipment were: Computer village (15 tons), Alaba
International Market (100 tons), Oshodi Market (15 tons),
Lawanson Market (30 tons) and West Minister (40 tons);
• These figures have reduced drastically as a result of the steps
taken to monitor the importation of used EEE into Nigeria.
However, there are presently, no specific figures.
 CURRENT WEEE STATUS ..II
Used EEE on display in Nigeria
USED EEE PREPARED FOR EXPORT PROBABLY
TO DEVELOPING COUNTRIES
Well Packaged Used Electronics
 CURRENT WEEE STATUS ..III
Collection:
• WEEE collection is not organised; there are no collection
centers and most times, they are dumped along with
other wastes;
• A lot of WEEE are also stockpiled in offices and homes;
• Some states such as Lagos have started stockpiling of
WEEE pending the establishment of a recycling facility;
• Treatment /Recycling : this is currently carried out by
the informal sector with no knowledge of the
environmental and health effects of improper WEEE
management.
 PARTNERSHIPS
At the National Level, NESREA is collaborating with the
Nigeria Customs Service and all the members of the
National Toxic Waste Dump Watch committee on the
illegal shipment of WEEE;
At the International Level,
Nigeria is networking with the international community
to control e-waste, e.g.:
• International Network for Environmental Compliance
and Enforcement (INECE) Seaport Environmental
Security Network (SESN);
• International Criminal Police Organisation
(INTERPOL); and
• United States EPA, UK EA, Germany, VROM, IMPEL
TFS, EPAT and other sister Agencies.
 MAJOR ACCOMPLISHMENTS
• Certification of credible importers of Used EEE and
sanctioning importers not certified by the NESREA;
• About 14 containers and 12 trucks of e-waste were
repatriated while 17 unregistered importers were
intercepted with necessary
intercepted necessary p
punitive
unitive charges
charges imposed;
imposed;
• The Agency is collaborating with the Nigeria Customs
Service (NCS) through the Nigeria Integrated Customs
Information System (NICIS) portal to monitor
importation of used EEE.
 E-WASTE REPATRIATED BY NESREA SINCE 2010

S/N Date Vessel No of Containers Country of

Export
14th April, 2010 MV Nashville UESUA 463595­0 Austria
1
3rd June 2010 MV Gumel 7x40 Ft and 2x 20 Ft trucks Germany
2
6th Oct. 2010 Vera D 4 x40 Ft (ZCSU 82397694­ United States of America
3 5, ZCSU 82392024­5 and (USA)
ZCSU 81973444­5)
14th Oct
Oct 2010 Grande America
Grande America 2 (GCNU 463667­3
463667­3 an
and
d United Kingdom
United Kingdom
4 GCNU 463871­6)
11th July, 2012 Louis S 1 (TGHU 353945­7) Malaysia
5
16th May, 2012 PAC Antilia 1 (TGHU 736337­1) Singapore
6
6th Dec. 2012 Hamonia Teutonica 1x 40ft (PCIU 999156­0 ) Korea
7
6th Dec. 2012 NYK Vega 1x 40 ft and 1x20ft Japan
8 (MOAU 772496­3 and UNIU
205536­0)

10th January, 2013 MV Marivia 2x40 Ft (ECMU 987085­8 United Kingdom

9 and ECMU 989451­0 )
19th June, 2013 Euro cargo Salermo 3 Trucks ­ Discharged at the Belgium
10 Port of Luanda for repatriation
 IMPLEMENTATION OF THE SECTOR REGULATIONS
PROGRESS
PROGRESS MADE SINCE GEM2

The Agency is still discussing with the Original Equipment

Manufacturers (OEM- Dell, Hp, Phillips) and a UK
based recylcer on the execution of the provision of the
Regulations on the Extended Producer Responsibility
(EPR).
• The Recycler has submitted a Feasibility study to
establish Facility which is currently being considered.
• Significant progress has been made to ensure that a
reputable recycler of e-waste establishes a plant in the
country to take care of the in-country generated e-waste.
 IMPLEMENTATION OF THE SECTOR REGULATIONS II

Draft Guidelines for Implementation of EPR for the EEE

Sector has recently been developed with the key items
derived from the extant laws on hazardous waste;
KEY DEFINITIONS
• Producer means importer, manufacturer, producer and assembler.
Specifically, "Producer" includes any person who:
• manufactures and sells EEE under his or her own brand;
• imports and resells EEE produced by other manufacturers;
• imports and resells EEE produced by other suppliers under his or her own
brand;
• imports electrical and electronic equipment as a business; and
• exports electrical and electronic equipment as a business, or distributes
electrical and electronic equipment from a manufacturer.
• EEE Registry means the registered body/organization that maintains
the register of producers/recyclers/waste organizations and inventory
of WEEE/E­waste nationwide.
 IMPLEMENTATION OF THE EEE SECTOR
REGULATIONS III

• The draft guidelines also provide for the following:

• Identification of Electrical and Electronic Equipment
• Criteria for registration and participation of
producers;
• National Criteria for WEEE Recycling including
Standards f
Standards or var
for ious categor
various ies – (Taiwan
categories (Taiwan standard,
standard, e­
stewards and the R2 were used as reference to develop
this);
• Product Identification and Marking; and
• Framework & Functions of the Registry requirement
for importation of UEEE into Nigeria.
IMPLEMENTATION OF THE SECTOR
REGULATIONS IV

Proposed Registration System

Producers
(Importers, E-Registry
Distributors,
Marketers)

Collectors Recyclers

Scavengers Consumers
 Lessons Learned and Future Goals

• Lessons learned from current WEEE management situation

prompted the training of the informal sector by the Basel
Convention Regional Coordinating Center in terms of technical
capacity and awareness for importers and handlers of used
electronics by NESREA;
• Sensitization of industrialists and marketers during routine
compliance monitoring by NESREA;
• Outstanding needs/goals for current and future WEEE
management include:
• Improvement on data collection of current import of non functional
used electronics;
• Establishment of the WEEE demonstration Recycling Facility;
• Establishment and operation of the E­registry using third Party and
Public Private Partnership; and
• Establishment of collection centers in collaboration with the OEMs.
Questions for Discussion
Discussion topics for the GEM Network that would be
useful:
• Recycling Standards and the implementation of EPR;
• The need for support in the establishment of Registry
electronics;
• We wish to know how to calculate payment of
registration and fund management for WEEE recycling;
and
• Other direct country specific support that can be gained
from the GEM partners.
 Conclusion
• Nigeria has made significant progress in the management
of WEEE in terms of Policy and legal framework ;
• A lot still needs to be done in the actual implementation
of the EPR;
• The discussions we have had so far in this programme has
been quite helpful and the lessons learnt will further be
used to improve on the implementation of the EPR; and
• Finally, on behalf of the Nigerian government and
NESREA, I wish to appreciate the USEPA and EPAT for
sustaining the GEM meetings.
www.nesrea.org