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Developing Legislative Principles
for e-waste policy in developing
and emerging countries.
Author and Prepared by: Abdul Raqeeb Javed
#E-mail:raqeeb.shinwari@gmail.com
#Phone: 0093-0-744233433
Summary
Governments around the world are developing e-waste policies
and legislation to deal with the growth of end-of-life electrical
and electronic products. The creation of policies and legislation is
often based on experiences from post-industrialized countries,
while not always taking into account the unique and specific
challenges of industrializing countries or economies in transition.
The aim of this paper is to present core legal principles based on
Extended Producer Responsibility (EPR) that can be reviewed,
contextualized, and adapted by decision makers in countries that
are developing legislation
that will implement Extended Producer Responsibility
programmers' into the local context and in order to avoid a ‘copy-
paste’ approach from post-industrialised to industrializing country
legislation, except in critical areas such as ‘definitions’.
Objectives:
An EPR-based legislation for e-waste or waste electrical and
electronic equipment (WEEE) aims to protect the environment
and human health by preventing or reducing the adverse impacts
of the generation and management of e-waste. Based on the
polluter pays principle, EPR makes producers responsible for the
end-of-life management of products they place on the market,
and the impacts caused by their products on human health and the
environment. Through the financing of appropriate collection,
disassembly, and recycling systems by producers, social and
environmental costs can be internalized and improved standards
can be …
implemented. Ideally, EPR can also create incentives for more
environmentally sound and efficient resource recovery that
requires separate collection of e-waste and its proper treatment,
as well as the re-use of electronics. EPR seeks to improve the
environmental performance of all entities involved in the
life cycle of electrical and electronic equipment (EEE), i.e.
producers, distributors, repair/ refurbishers, business and private
users, and, in particular, those operators directly involved in the
collection and treatment of e-waste.
Legal Principles on Objectives:
EPR-based legislation should clarify the objectives it tries to
achieve, for instance:
• Making producers responsible for the end-of-life management
for products they place
on the market.
• Improve the environmental performance of all operators
involved in the life cycle of
electrical and electronic equipment.
• Ensure separate collection and proper treatment of e-waste.
Legal Principles on Definitions:
• Clear definitions are required to ensure that the intent of the
legislation is understood adequately.
• Where possible, definitions should be aligned with internationally
recognized definitions.
Basic Definitions Needed for Successful E-Waste Regulation
Based on the Step and its members’ experience, the use of
effective and internationally aligned definitions in e-waste
regulations is critical to ensure that a clear and precise
understanding of the regulation’s intent is achieved. To this end,
key definitions that focus on the stakeholders and the components
outlined in the system design section of this paper are in the
glossary section of this paper, and can be incorporated into
regulations as needed.
Basic Definitions Needed for Successful E-Waste Regulation
Not all of the definitions will be required or necessary under
e-waste regulations and some may require modification to suit the
particular details under the model. To illustrate how a definition is
formulated, let’s explore the considerations needed in formulating
the definition of producer. The manufacturer or ‘brand owner’ of
the product placed on the market, which will eventually arise as
waste, is not always located in the same country as the importer,
and any attempt to place legal responsibility on an overseas
manufacturer will be problematic from an enforcement
perspective. It is therefore more appropriate for the importer of
the product to take on the responsibility of the manufacturer in
the country of importation.
Basic Definitions Needed for Successful E-Waste Regulation
In developing countries, where a significant quantity of used
product is imported, it would be appropriate to include used
product within the scope of the definition, in order to ensure that
the importer takes responsibility for the product at end of-life and
does not rely on manufacturers or importers of new product to
take responsibility for all used products. The way in which
product is placed on the market could be traditional
sale by distributor, retailer, via distance communication such as
internet or phone sales, or for personal use.
Roles and Responsibilities
The success of EPR-based legislation relies on each stakeholder
fulfilling their required roles and responsibilities, which should
be well-defined and simple to understand in the legislation. Key
stakeholders and their roles and responsibilities are usually
identified initially in the definitions section of the legislation.
Ongoing coordination and exchange between these stakeholders
is important. Roles are usually dependent on the existing local
context, and may include for example:
• Producers/importers are responsible for take back and
environmentally sound management of e-waste according
to their market share, as well as the related financial
arrangements, and for registering with national registries.
• Government authorities develop legislation and carry out
enforcement, registration, and auditing.
Roles and Responsibilities
• Producer Responsibility Organizations(PROs), if authorized or
developed by producers, act on members’ behalf to ensure
recycling and financial commitments.
• Recyclers/dismantlers must comply with environmental
requirements.
• Informal actors must formalize their recycling operations and
need to meet the same requirements as other recyclers.
Alternatively, they need to restrict their operations to collection.
• Distributors/retailers should only buy products from registered
producers/importers.
• Local authorities may play a complementary collection,
treatment, or enforcement role.
• Users must use separate waste and utilize the collection
infrastructure.
• All stakeholders are responsible for playing their part in raising
awareness.
System Design
EPR-based legislation needs to cover all elements required to
make the e-waste management system clear, transparent, and
enforceable. The legislation must enable the setup of an efficient
e-waste collection, reuse, and recycling system for optimal
resource recovery, and proper management of non
valuable/hazardous material. At the same time, it should not be
too prescriptive on how the e-waste management system
should be operated. It must allow for a degree of freedom for
relevant stakeholders to build an e-waste collection and recycling
system that can continuously improve based on the day-to-day
collection, reuse, and recycling experience in the country.
System Design
System design has more part if I explain it here it will get more
slide which include these section in summary:
1- Collection.
2- Financing.
3-Transboundary-Movement.
4-Cost-Effectiveness.
For more information see here.
https://i.unu.edu/media/ias.unu.edu-en/project/2238/Ewaste-
Guidelines_Partnership_2015.pdf
Légal Principales on Social Dimensions:
• Stakeholder engagement is critical to the success of an e-waste
system. To encourage stakeholder engagement, e-waste legislation
should foresee the establishment of an E-Waste Advisory Council.
• In countries where e-waste is primarily handled informally, it is
important that these actors are provided with incentives and options
to become part of the EPR-based system, through organization and
gradual formalization with appropriate training on safe collection
and handling of e-waste.
• Legislation should include provisions on encouraging EEE users
to utilize licensed collection and recycling facilities, instead of
sending their waste to landfill, sub-standard treatment, or
incineration.
• Criminal activities should be considered for preventing any latent
facilitation through legislative means.
References
info@step-initiative.org
www.step-initiative.org
www.unu.edu
https://i.unu.edu/media/ias.unu.edu-en/project/2238/Ewaste-
Guidelines_Partnership_2015.pdf

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Abdul raqeeb javed final project

  • 1. Developing Legislative Principles for e-waste policy in developing and emerging countries. Author and Prepared by: Abdul Raqeeb Javed #E-mail:raqeeb.shinwari@gmail.com #Phone: 0093-0-744233433
  • 2. Summary Governments around the world are developing e-waste policies and legislation to deal with the growth of end-of-life electrical and electronic products. The creation of policies and legislation is often based on experiences from post-industrialized countries, while not always taking into account the unique and specific challenges of industrializing countries or economies in transition. The aim of this paper is to present core legal principles based on Extended Producer Responsibility (EPR) that can be reviewed, contextualized, and adapted by decision makers in countries that are developing legislation that will implement Extended Producer Responsibility programmers' into the local context and in order to avoid a ‘copy- paste’ approach from post-industrialised to industrializing country legislation, except in critical areas such as ‘definitions’.
  • 3. Objectives: An EPR-based legislation for e-waste or waste electrical and electronic equipment (WEEE) aims to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of e-waste. Based on the polluter pays principle, EPR makes producers responsible for the end-of-life management of products they place on the market, and the impacts caused by their products on human health and the environment. Through the financing of appropriate collection, disassembly, and recycling systems by producers, social and environmental costs can be internalized and improved standards can be …
  • 4. implemented. Ideally, EPR can also create incentives for more environmentally sound and efficient resource recovery that requires separate collection of e-waste and its proper treatment, as well as the re-use of electronics. EPR seeks to improve the environmental performance of all entities involved in the life cycle of electrical and electronic equipment (EEE), i.e. producers, distributors, repair/ refurbishers, business and private users, and, in particular, those operators directly involved in the collection and treatment of e-waste.
  • 5. Legal Principles on Objectives: EPR-based legislation should clarify the objectives it tries to achieve, for instance: • Making producers responsible for the end-of-life management for products they place on the market. • Improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment. • Ensure separate collection and proper treatment of e-waste.
  • 6. Legal Principles on Definitions: • Clear definitions are required to ensure that the intent of the legislation is understood adequately. • Where possible, definitions should be aligned with internationally recognized definitions.
  • 7. Basic Definitions Needed for Successful E-Waste Regulation Based on the Step and its members’ experience, the use of effective and internationally aligned definitions in e-waste regulations is critical to ensure that a clear and precise understanding of the regulation’s intent is achieved. To this end, key definitions that focus on the stakeholders and the components outlined in the system design section of this paper are in the glossary section of this paper, and can be incorporated into regulations as needed.
  • 8. Basic Definitions Needed for Successful E-Waste Regulation Not all of the definitions will be required or necessary under e-waste regulations and some may require modification to suit the particular details under the model. To illustrate how a definition is formulated, let’s explore the considerations needed in formulating the definition of producer. The manufacturer or ‘brand owner’ of the product placed on the market, which will eventually arise as waste, is not always located in the same country as the importer, and any attempt to place legal responsibility on an overseas manufacturer will be problematic from an enforcement perspective. It is therefore more appropriate for the importer of the product to take on the responsibility of the manufacturer in the country of importation.
  • 9. Basic Definitions Needed for Successful E-Waste Regulation In developing countries, where a significant quantity of used product is imported, it would be appropriate to include used product within the scope of the definition, in order to ensure that the importer takes responsibility for the product at end of-life and does not rely on manufacturers or importers of new product to take responsibility for all used products. The way in which product is placed on the market could be traditional sale by distributor, retailer, via distance communication such as internet or phone sales, or for personal use.
  • 10. Roles and Responsibilities The success of EPR-based legislation relies on each stakeholder fulfilling their required roles and responsibilities, which should be well-defined and simple to understand in the legislation. Key stakeholders and their roles and responsibilities are usually identified initially in the definitions section of the legislation. Ongoing coordination and exchange between these stakeholders is important. Roles are usually dependent on the existing local context, and may include for example: • Producers/importers are responsible for take back and environmentally sound management of e-waste according to their market share, as well as the related financial arrangements, and for registering with national registries. • Government authorities develop legislation and carry out enforcement, registration, and auditing.
  • 11. Roles and Responsibilities • Producer Responsibility Organizations(PROs), if authorized or developed by producers, act on members’ behalf to ensure recycling and financial commitments. • Recyclers/dismantlers must comply with environmental requirements. • Informal actors must formalize their recycling operations and need to meet the same requirements as other recyclers. Alternatively, they need to restrict their operations to collection. • Distributors/retailers should only buy products from registered producers/importers. • Local authorities may play a complementary collection, treatment, or enforcement role. • Users must use separate waste and utilize the collection infrastructure. • All stakeholders are responsible for playing their part in raising awareness.
  • 12. System Design EPR-based legislation needs to cover all elements required to make the e-waste management system clear, transparent, and enforceable. The legislation must enable the setup of an efficient e-waste collection, reuse, and recycling system for optimal resource recovery, and proper management of non valuable/hazardous material. At the same time, it should not be too prescriptive on how the e-waste management system should be operated. It must allow for a degree of freedom for relevant stakeholders to build an e-waste collection and recycling system that can continuously improve based on the day-to-day collection, reuse, and recycling experience in the country.
  • 13. System Design System design has more part if I explain it here it will get more slide which include these section in summary: 1- Collection. 2- Financing. 3-Transboundary-Movement. 4-Cost-Effectiveness. For more information see here. https://i.unu.edu/media/ias.unu.edu-en/project/2238/Ewaste- Guidelines_Partnership_2015.pdf
  • 14. Légal Principales on Social Dimensions: • Stakeholder engagement is critical to the success of an e-waste system. To encourage stakeholder engagement, e-waste legislation should foresee the establishment of an E-Waste Advisory Council. • In countries where e-waste is primarily handled informally, it is important that these actors are provided with incentives and options to become part of the EPR-based system, through organization and gradual formalization with appropriate training on safe collection and handling of e-waste. • Legislation should include provisions on encouraging EEE users to utilize licensed collection and recycling facilities, instead of sending their waste to landfill, sub-standard treatment, or incineration. • Criminal activities should be considered for preventing any latent facilitation through legislative means.