Thursday, March 12, 2020

Regulations No. 425-2018 COUNCIL OF MINISTERS REGULATIONS ON THE MANAGEMENT AND DISPOSAL OF ELECTRICAL AND ELECTRONIC WASTE


Council of Ministers Regulations No. 425-2018     
COUNCIL OF MINISTERS REGULATIONS ON THE MANAGEMENT AND DISPOSAL OF ELECTRICAL AND ELECTRONIC WASTE

This Regulation is issued by the Council of Ministers pursuant to Article 5 of the Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 916/2015 and Article 20 of the Environmental Pollution Control Proclamation No.300/ 2002.

      1.  Short Title
This Regulation may be cited as the “Electrical and Electronic Waste Management and Disposal Council of Ministers Regulations No. 425/2018”.   
     2. Definition
         In this Regulation:
              1/ “Electrical and electronic equipment” means an equipment which is powered by electric currents or electromagnetic fields including those used for the generation, transmission and measurement of electric currents and electromagnetic fields;

              2/ “Electrical and electronic waste” means all types of electrical and electronic equipment and its parts, except radioactive equipment, that have been discarded;
                     3/ “Extended producer responsibility” means responsibility of any producer of electrical and electronic equipment for environmentally sound management of such products;
              4/  “Producer” means any person who፡
  a) manufactures electrical and electronic equipment under his own brand/ trade mark; or
     b) assembles electrical and electronic equipment for sale;
             5/ “Importer” means any person who imports electric and electronic equipment into Ethiopia;
                   6/ “Consumer” means any person using electrical and  electronic equipment;
             7/ “Wholesaler” means any person who sells electrical and electronic equipment to a retailer after buying them from a manufacturer or an importer;
   8/ “Retailer” means any person who sells electrical and electronic equipment to consumers or users after buying them from a wholesaler or a manufacturer or an importer;
          9/  “ Reuse” means any operation by which products or components that are not waste is used again for
               the same purpose for which it is conceived;

              10/ “Collection” means the gathering of electrical and electronic waste, including the preliminary sorting and preliminary storage of waste for the purposes of transport to a waste treatment facility;
                 11/ “Collection center” means a center established to collect electrical and electronic waste;
                12/ “Recycle” means reprocessing of an electrical and electronic waste materials for other purposes other than their original purpose;
               13/ “Recycler” means any person who is engaged in recycling of electrical and electronic waste;
             14/ “Refurbish” means functional testing, repairing, upgrading or otherwise preparing used or discarded electrical and electronic equipment or components thereof for resale or reuse;
                 15/“Refurbisher” means any person who is engaged in refurbishment of used electrical and electronic equipment or component;
                     16/ “Dismantle” means the process of disassembling an electrical and electronic equipment into parts that can be reused as they are or that can be used as a raw material to make new appliances or that become hazardous material for disposal;
                17/ “Dismantler” means any person engaged in dismantling of electrical and electronic equipment;
              18/ “Treatment” means reuse or recycling of electrical waste by recovering useful materials from such wastes or disposal of electrical and electronic waste when it is deemed useless;
                    19/ “Recovery” means recycling of materials from electrical and electronic waste or parts and fractions thereof or incineration with energy recovery;
               20/“Transporter” means any person engaged in the transportation of electrical and electrical waste by land, air or sea;
               21/ “Disposal” means any operation which does not lead to recycling or recovery and includes incineration and deposition of electrical and electronic waste in secured landfill;
 22/ “Environmentally sound management of wastes” means taking all practicable steps to ensure that hazardous waste are managed in a manner which protects human health and the environment against the adverse effects which may result from such waste and to save resources;
23/ “Region” means any region of the Federal Democratic Republic of Ethiopia referred to in Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and, includes the Addis Ababa and Dire Dawa City administrations;
 24/ “Person” means any natural person or juridical person;
25/ “Ministry and Minister” means the Ministry and Minister of Environment, Forest and Climate Change, respectively;
       26/ Any expression in the masculine gender includes the feminine.
      3 .Scope of Application
         This Regulation shall apply to producers, distributors, retailers, importers, transporters, collection centers, re-furbishers, dismantlers, recyclers and consumers of electrical and electronic equipment listed under Annex One of these Regulations and any other appliance that may be added to the list by the Ministry in a Directive issued under these Regulation.
PART TWO
        Management of electrical and electronic waste
        4.  Hierarchy of Waste Management
To minimize the environmental impacts of electrical and electronic waste, the following waste management hierarchy shall be applied:
      1/ Reduction of waste generation;
     2/ Refurbishing and reuse of waste;
     3/ Recycling of waste;
     4/ Disposal of waste.

    5. Extended Producer Responsibility
1/ In order to reduce sources of electrical and electronic waste generation and to strengthen the reuse, refurbishing and recycling of electrical and electronic waste, any electrical and electronic equipment producer, wholesaler, retailer or importer shall have extended producer responsibility.
2/ The extended producer responsibilities shall entail the following responsibilities:
a) Collection of electrical and electronic waste generated during the manufacture of electrical and electronic equipment and channelizing same for recycling or disposal;
        b) Collection of electrical and electronic waste generated from the end of life of the products or take back system, and to ensure that such electrical and electronic waste are channelized to registered refurbishing or dismantling or recycling centers;
c) Financing either individually or collectively and organizing a system to meet the costs involved in the environmentally sound management disposal of electrical and electronic waste.
          3/ The Ministry shall maintain the register of producers and inventory of electrical and electronic waste.
          4/ Any producer, wholesaler and retailer shall keep records of the electrical and electronic waste and such  records shall be accessible for scrutiny by the Ministry.
     6. Responsibilities of Consumers
Consumers shall have responsibility to ensure that the electrical and electronic waste are handed over to collection centers or to persons entitled to collect for collection centers.
     7. Collection of Wastes
1/ Any person seeking to open a collection center for electrical and electronic wastes shall submit application to the Ministry, secure a certificate of competence and get registered.
2/ The person who secured a certificate of competence from the Ministry to open a collection center for electrical and electronic waste shall have the following responsibilities:
a) The collection of electrical and electronic waste shall be done separately from other types of wastes;
b) The downstream traceability and movement of  the waste;
c) The electrical and electronic wastes collected are stored in a manner that ensures that nobody reaches them and that they pollute nothing till they are sent to the authorized dismantling, refurbishing or recycling center;
d) No damage is caused either to human health or to the safety of the environment during collection, storage or transportation of the electrical and electronic wastes.
                           e) Ensure that electrical and electronic collection site is located within a reasonable proximity to consumers, and their services should be well advertised.
      8. Dismantling of Waste
        1/ Any person seeking to set up a dismantling center for electrical and electronic waste shall submit application to the Ministry, secure a certificate of competence and get registered.
         2/ Any person that secured a competence of certificate from the Ministry to engage in dismantling items of electrical and electronic equipment shall have the following responsibilities:

a) The dismantling processes do not have any adverse effect on human health or on the safety of the environment;     
b) The place or room to the dismantled electrical and electronic wastes are readily available.
3/Any dismantling centre shall maintain the following records and shall make accessible for scrutiny by the Ministry:
a)Types and weights of electrical and electronic wastes received;
                            b) Types and weights of fraction of electrical and electronic wastes dispatched;
c) Evidence of fraction of the destinations of dispatched wastes.
     9. Reuse of Wastes
Electrical and electronic waste destined for reuse shall properly be tested by the re-furbishers for their functionality and the results are recorded.

   10.Recycling of Wastes
1/ Any person seeking to engage in recycling electrical and electronic waste shall submit application to the Ministry, secure a certificate of competence and get registered.
2/ Any person that secured a competence certificate from the Ministry pursuant to sub-article (1) of this Article shall have the following have the following responsibilities:
a)         compliance with the terms and conditions of registration;
b)         documentation of quantities of the various output materials from recycling processes;
c)               
d)         that the hazardous residues generated during the recycling process are disposed of in an environmentally sound waste management.   
11.   Refurbishing of Wastes
1/ Any person seeking to engage in refurbishing of electrical and electronic waste shall submit application to the Ministry, secure a certificate of competence and get registered.
2/ Any person that secured a certificate of competence from the Ministry pursuant to sub-article (1) of this Article shall have the following responsibilities:
              a) Compliance with the terms and conditions of registration;   
b) Made accessible records to the Ministry;
c) The hazardous residues generated during the refurbishing process are disposed of in an environmentally sound waste management.
    12.     Labeling of Wastes
All electrical and electronic waste that is reused, refurbished or recycled shall be clearly and permanently labeled with a written notification both in Amharic and English languages that it is reused, refurbished or recycled product and the identity of the refurbishing or the recycling facility.


    13.      Treatment and Management of Waste before Recycling
1/After conducting treatment if an item of electrical and electronic equipment is deemed un-reusable, it shall be kept in an appropriate waste storage.
2/During storage, the risks of breakage and potential exposure to substances of concern from improper handling shall be minimized.
3/The owner or manager of the recycling center shall ensure provision of sufficient training to all the staff members to avoid possible risks and on mechanisms of their prevention.
 14. Sorting and Temporary Storage of Waste
1/  Electrical and electronic waste shall be sorted for further examination.
         2/ A storage center shall be located in places that meet the following criteria:
a)      the center shall be readily accessible for firefighting and other emergency situations;
b)      the storage center is not subject to flooding;
c)      the storage center shall not cause any damage to the quality of surface water and ground water.
3/     There shall be no entry of any unauthorized personnel or individual into the storage center specified under sub-article (2) of this Article.
 4/    A storage center shall bear signs indicating that electrical and electronic waste is stored therein.
            5/      The signs that are mentioned under sub- Article (4) of this Article shall be of such design as to be legible from a reasonable distance.
6/     Storage area shall be assigned and marked for spares of electrical and electronic equipment, output fractions and components to be recycled, fractions and components to be disposed, and devices and components to be refurbished.
            7/       The owner or manager of a storage center shall maintain records indicating the date, type, location and quantity of electrical and electronic waste that was brought into or removed from the center.

15.   Transportation of Waste
1/     Any person seeking to engage in the transportation of electrical and electronic waste shall submit application to the Ministry, secure a certificate of competence and get registered.
2/     The transportation of any electrical and electronic waste shall be in a manner that does not affect the reusability or subsequent treatment of the waste.
3/     Any trans-regional transportation of electrical and electronic waste within Ethiopia may be permitted by the Ministry only when the environmental protection organ in the destination Regional State has agreed on the transfer of the waste in writing.

16.   Disposal of Waste
1/     The electrical and electronic waste disposal shall only be conducted when all available options of reuse, refurbishment and recycling have been exhausted.
2/     Electrical and electronic waste shall be disposed by landfilling or incineration and any other technologies that may be determined by the Ministry in a Directive issued under these Regulation.

PART THREE
MISCELLANEOUS PROVISIONS

17.   Occupational Safety, Health and Working Environment  
1/     Any facility engaged in electrical and electronic waste management shall take the necessary measure to safeguard adequately the health and safety of the workers.
2/     The occupational health and safety requirements provided under the Labor Proclamation shall be applicable for persons engaged in electrical and electronic waste management disposal activities.
     
18.   Criminal and Civil Liability
Any violation of the provisions of these Regulations shall entail criminal and civil liability in accordance with the appropriate provisions of the Pollution Control Proclamation and other laws.

19.    Power of delegation
The Ministry may delegate some of its powers and duties, as it may be deemed appropriate, to other agencies.

20.   Power to Issue Directives
The Ministry may issue directives necessary for the implementation of these Regulations.

21 .  Effective Date    
These Regulations shall enter into force on the date of their publication in the Federal Negarit Gazzeta
       Done at Addis Ababa, this …. Day of …….2018
                 Abiy Ahmed (PhD.)
Prime Minister of the Federal Democratic
                    Republic of Ethiopia            

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