Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) Regulations, 2021

Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 1 GOVERNMENT NOTICE No. 388 Published On 14/5/2021 THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) REGULATIONS (Made under section 230(1)(2)(f)) THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS 1. Citation. 2. Application. 3. Interpretation. PART II GENERAL PRINCIPLES 4. General principles. 5. Cleaner production principle. 6. Right and duty to safeguard environment. PART III OBJECTIVES 7. Objectives. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 2 PART IV ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT 8. Functions of Minister. 9. Functions of Director of Environment. 10. Functions of Council. 11. Powers of Environmental Inspector. 12. Functions of local government authorities. PART V CONTROL AND MANAGEMENT OF E-WASTE 13. Categories of e-waste. 14. Prohibition of certain hazardous substances. 15. Reduction in the use of hazardous substances. 16. Packaging of e-waste. 17. Labelling of e-waste. PART VI IN-COUNTRY MOVEMENTS OF E-WASTE 18. Permits for in-country management of e-waste. 19. Application for permit to manage e-waste. 20. Application requirement to collect and transport up to 1 tonne of e waste. 21. Permit for collection and transportation up to 1 tonne of e-waste. 22. Condition for permit to collect and transport up to 1 tonne of e waste. 23. Application requirement for permit to collect e-waste. 24. Permit for collection of e-waste. 25. Conditions for a Permit to collect e-waste. 26. Application requirement for permit to store e-waste. 27. Permit for storage of e-waste. 28. Conditions for Permit to store e-waste. 29. Application requirement for a Permit to transport e-waste. 30. Permit for transportation of e-waste. 31. Condition for a permit to transport e-waste. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 3 32. Application requirement for a permit to own or operate a plant or facility or site for recovery, recycling, refurbishing, dismantling, assembling or disposal of e-waste. 33. Permit to own or operate a plant or facility or site for recovery, recycling, refurbishing, dismantling, assembling or disposal of e waste. 34. Condition for a permit to own or operate a plant or facility or site for recovery, recycling, refurbishing, dismantling, assembling or disposal of e-waste. 35. Validity of Permits for in-country Management of e-waste. 36. Offences relating to in-country management of e-waste. PART VII TRANSBOUNDARY MOVEMENT OF E-WASTE 37. Focal Point and Competent Authority. 38. Application requirement for export permit of e-waste. 39. Export permit of e-waste. 40. Conditions for export permit. 41. Restricted importation of e-waste. 42. Application requirement for import permit of e- waste. 43. Import permit of e-waste. 44. Conditions of import permit. 45. Application requirement for transit permit of e- waste. 46. Transit permit of e-waste. 47. Condition for transit permit. 48. Notification to the Commissioner of Customs and the Exports Controller. 49. Validity of permits for trans-boundary movement of e-waste. 50. Illegal traffic of e-waste. PART VIII RESPONSIBILITIES 51. General Responsibilities. 52. Responsibilities of manufacturer or authorized dealer. 53. Responsibility of Consumer. 54. Responsibility of Bulk Consumer. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 4 PART IX COMPLIANCE AND ENFORCEMENT 55. Monitoring of Compliance. 56. Inspection of environmental inspector. 57. Power to serve prevention orders. 58. Power to serve compliance order. 59. Duty to self-audit. 60. Duty to keep records. 61. Cancellation of permit. PART X GENERAL PROVISIONS 62. Non-transferability of a permit. 63. Management of e-waste by the generator. 64. Liability. 65. Insurance. 66. Reporting procedure. 67. Register of permits. 68. Appeals. SCHEDULES Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 5 THE ENVIRONMENTAL MANAGEMENT ACT, (CAP. 191) REGULATIONS (Made under section 230(1)(2)(f)) THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 PART I PRELIMINARY PROVISIONS Citation 1. These Regulations shall be cited as the Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) Regulations, 2021. Application 2. These Regulations shall apply to all categories of electrical and electronic equipment wastes with respect to generation, collection, storage, transportation, importation, exportation, distribution, selling, purchasing, recycling, refurbishing, assembling, dismantling and disposal of electrical and electronic equipment waste or components, and their movement into or outside Mainland Tanzania. Interpretation 3. In these Regulations, unless the context requires otherwise Cap. 191 “Act” means the Environmental Management Act; “assembler” means any person who does the work of putting together electrical and electronic components, utilising blueprints, written instructions and schematics, fit and solder parts together, compiling products in a manufacturing company and dealing with maintenance or repair of damaged electrical and electronic equipment; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 6 “authorised dealer” means any authorized person who has the right to act as the manufacturer’s sales agent in electrical and electronic equipment; “Bamako Convention” means the Bamako Convention on the ban of the import into Africa and the control of trans-boundary movement and management of hazardous waste within Africa, 1991; “Basel Convention” means the Convention held in Basel on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, 1989; “bulk consumer” means bulk users of electrical and electronic equipment such as Central Government or local government authorities, departments, public organizations, banks, educational institutions, multinational organizations, international agencies, and private companies, it also applies to any individual who deals with the business of electrical and electronic equipment; “certifying authority” means any government agency established by any existing law to certify or set standard of goods, services including those related to electrical and electronic equipment; “certified copy” means a document certified by the Council; “collection centre” means a centre established, individually or jointly or a registered society or a designated agency or a company or an association to collect e waste; “collector” means a public, private enterprise or an individual authorised to collect and remove e-waste materials from residential, commercial, industrial or other collection sites for recycling, refurbishing, storage, dismantling or disposal; “consumer” means any person using electrical and electronic equipment excluding the bulk consumers; “container” means a container, package that has been approved or certified by relevant certifying authorities as being capable of containing or storing e-waste in an environmentally sound manner Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 7 without any risk to environment and human health; “Council” means the National Environmental Management Council referred to under section 16 of the Act; “dealer in e-waste” means a public, private enterprise or an individual authorised to collect, transport, recycle, refurbish, dispose, assemble, dismantle, process or store e-waste in environmental sound manner; “Director” means the Director of Environment appointed pursuant to section 14 of the Act; “Director General” means the Director General of the National Environment Management Council; “dismantler” means any person or registered society or a designated agency or a company or an association engaged in separating used electrical and electronic equipment into their components; “disposal” means any operation which does not lead to recycling, recovery or re-use and includes physic chemical or biological treatment, incineration and deposition in secured landfill or facility; “electrical and electronic equipment” means equipment which is dependent on electric currents or electro magnetic fields to be fully functional; “electrical and electronic equipment waste or e-waste” means waste resulting from electrical or electronic equipment, whole or in part or rejects from their manufacturing and repair process, which are intended to be discarded; “environment” has the meaning ascribed to it under the Act; “Environmental Inspector” means an inspector appointed under or designated pursuant to section 182 of the Act; “environmentally sound management practices for hazardous substances” means effective control of the generation, storage, treatment, recycling and re use, transport, recovery and disposal of e-wastes for proper health, environmental protection, natural resources management and sustainable development; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 8 “environmentally sound management of e-waste” means taking all steps required to ensure that e-waste are managed in a manner which shall protect health and environment against any adverse effects which may result from hazardous substance contained in such wastes; “export” means the act of carrying of e-waste outside Mainland Tanzania; “exporter” means a public, private enterprise or an individual authorised to carry e-waste from Tanzania to another country; “extended producer responsibility” means responsibility of any producer of electrical or electronic equipment, for their products beyond manufacturing until environmentally sound management of their end of life; “facility” means any location wherein the process incidental to the collection, reception, storage, segregation, refurbishing, dismantling, recycling, treatment and disposal of e-waste are carried out; “green design” means a design of the building, furnishing and product industries which uses sustainable products so as to limit the impact on the surrounding environment; “hazardous substance” means any gaseous, liquid, solid, chemical, waste, medicine, drug, plant, animal or micro-organism which is likely to be injurious to human health, or the environment; “import” means the act of importing the e-waste in Mainland Tanzania; “importer” means a person who imports the e-waste in Mainland Tanzania; “license” means authorization or permission issued in accordance with these Regulations by the Minister or Director for handling, collection, reception, storage, transportation, importation, exportation, dismantling, recycling, refurbishing, treatment and disposal of e-waste; “manufacturer” means any person who, irrespective of the Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 9 selling technique used (a) produces and offers to sell electrical and electronic equipment under his own brand; (b) offers to sell under his own brand, assembled electrical and electronic equipment produced by other manufacturers or suppliers; or (c) offers to sell imported electrical and electronic equipment; “Minister” means the Minister responsible for matters relating to the environment; “orphaned products” means non branded or assembled electrical and electronic equipment as prescribed in the First Schedule or those produced by a company which has closed its operations or has stopped product support; “permit” means a permit to collect, store, transport, own or operate facility or site for recycling or refurbishing or dismantling or assembling or disposal of e-waste; “polluter-pays principle” means a mechanism whereby the cost of cleaning up any element of the environment damaged by pollution, compensating victims of pollution, cost of beneficial uses lost as a result of an act of pollution and other costs that are connected to or incidental to the foregoing, is to be paid or borne by the person convicted of pollution under these Regulations; “recycling" means any method, technique, or process by which e-waste that would otherwise be disposed of or discarded are instead collected, separated, or processed and are returned to the economic mainstream in the form of raw materials or products; “recycler” means an individual or entity authorized to recycle or reprocess used electrical and electronic equipment or assemblies or their component; “refurbisher” means an individual or entity authorized to renovate or process e-waste for re-use; “site or facility” means the site or facility approved under these Regulations for storage, recycling, Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 10 refurbishing, assembling, dismantling or disposal of e-waste; “storage facility” means a place authorized to store e-waste pending transportation, recycling, treatment, disposal or exportation; and “transporter” means a public, private enterprise or an individual authorized to deal in the off-site transportation of e-waste by air, rail, road or water within Mainland Tanzania. PART II GENERAL PRINCIPLES Principles 4.-(1) Any person generating, collecting, storing, transporting, treating, recycling, reusing, recovering and disposing of hazardous waste or any person exercising jurisdiction under these Regulations shall, in relation to any decision, order, exercise of any power or performance of any function, be guided by the following principles of environment and sustainable development relevant to e-waste management ] (a) precautiona ry principle; (b) polluter pays principle; and (c) producer extended responsibility. (2) For the purpose of this regulation “producer extended responsibility” means a policy approach which requires that person producing or importing a product shall be required to internalize environmental costs in the production of the products and in whole life cycle of such product. Cleaner production principle 5.-(1) A person who owns or operates a facility or premises which generate hazardous and toxic waste shall minimize the waste generated by adopting the following cleaner production principles (a) improvement of production process through Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 11 conserving raw materials and energy by (i) eliminating the use of hazardous and toxic raw materials within such times as may be prescribed by the Minister; and (ii) reducing toxic emissions and e-waste to a level prescribed in the applicable national environmental quality standards; and (b) monitoring the product cycle from beginning to end by (i) identifying and eliminating potential negative impacts of the product; (ii) enabling the recovery and re-use of the product where possible; (iii) reclamation and recycling. Right and duty to safeguard environment 6.-(1) A person living in Tanzania shall (a) have a right to a clean, safe and healthy environment; and (b) have a stake and a duty to (i) safeguard the environment from adverse effects of e-waste; and (ii) inform the relevant authority on any activity or phenomenon resulting from hazardous waste that is likely to adversely affect the environment and human health. (2) A generator of e-waste shall be responsible for the sound management and disposal of such waste and shall be liable for damage to the environment and harm occasioned as a result. PART III OBJECTIVES Objectives 7.-(1) The main objective of these Regulations is to provide for and promote proper management of e-waste to protect human health, and environment while ensuring sustainable development. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 12 (2) Without prejudice to sub-regulation (1) above, the specific objectives of these regulations shall be to (a) control the importation, exportation, transportation of e-waste; (b) institute mechanisms for technology selection for guiding importation and use of electrical and electronic equipment that are friendly to human health and environment; (c) facilitate generation of sufficient and reliable data on Electrical and Electronic Equipment and their waste; (d) promote environmentally sound management practices and technologies on design, sorting, handling and use of Electrical and Electronic Equipment and their waste that will provide for on-site and off-site recovery and recycling, treatment, dismantling, storage (temporarily and permanent) and disposal means; (e) strengthen regulatory regime and institutional capacity of the e-waste management; (f) promote proper environmentally sound management of e-waste including handling, transportation, reuse, dismantling, refurbishing, recycling, treatment and disposal of such waste; (g) promote public and private investment in environmentally sound management practices for electrical and electronic equipment and their waste in handling, storage, use, recovery, recycling and cleanup of the hazardous substances in their waste streams, treatment and disposal; (h) institute mechanisms that prevent the importation of electrical and electronic equipment with short end of life and set standards for management and minimization of environmental pollution; (i) institute take back schemes for electrical and electronic equipment and their wastes; (j) provide for redress mechanisms for damages to Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 13 human health and environment caused by the contaminations with hazardous substances contained in e-waste; and (k) provide for offences and penalties for effective implementation of these Regulations. PART IV ADMINISTRATION AND INSTITUTIONAL ARRANGEMENT Functions of Minister 8.-(1) The Minister shall (a) provide policy direction and leadership in all matters pertaining to environmental pollution control and management of electrical and electronic equipment and their waste; (b) set incentives and certification for green design or products; (c) issue or renew permits for e-waste management. (2) The Minister may, in the execution of the powers vested upon him by these Regulations, consult any relevant sector Ministries or executive agencies whose powers or functions vested relate to controlling and management of e-waste. (3) The Minister shall be assisted in the discharge of his duties under these Regulations by the Director of Environment, the Council, Regional Environmental Management Expert, local government authorities and the Environmental Inspectors. Function of Director 9.-(1) The Director shall (a) serve as the National Focal Point and the Competent Authority for the operation of the Prior Informed Consent Procedure for transboundary movement of e-waste under the Basel Convention; (b) enhance sectoral co-ordination, monitoring and mobilization of stakeholders by developing plans and programmes; (c) promulgate t e c h n i c a l specifications for controlling, handling and treating the e-waste; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 14 (d) develop effective communication flow lines between the stakeholders in e-waste management and the public by instituting and maintaining a pro-active public awareness campaign; (e) ensure that e-waste management is designed to derive maximum benefit at minimum cost, accompanied by effective cost recovery policies; (f) promote institutional capacity to effectively support environmentally sound management of electrical and electronic equipment and their waste; (g) coordinate and promote public awareness on the control and management of electrical and electronic equipment and their waste; (h) develop guidelines for handling of electrical and electronic equipment and their waste; (i) liaise with other relevant regulatory authorities responsible for control of importation of near end-of-life electrical and electronic equipment for trade or donations purposes to ensure that such importation is limited for the purposes of ensuring reduction of e-waste generation; and (j) liaise with other relevant regulatory authorities in establishing a mechanism for collection of sufficient and reliable data on electrical and electronic equipment and their waste Functions of Council 10.-(1) The Council shall (a) receive and process Notification and Movement Documents for export of e-waste; (b) receive and process in-country applications involving control and management of e-waste; (c) establish and maintain information register and data related to the control and management of e waste; (d) monitor the compliance with policy, laws and guidelines related to e-waste management;;; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 15 (e) liaise with key stakeholders in addressing all challenges in the implementation of these Regulations; (f) inspect and monitor compliance of electrical and electronic waste management facilities (g) monitor the performance of dealers engaged in e-waste management; (h) carry out public awareness and disseminate information about matters relevant to its functions; (i) issue directives or orders to any dealer in e waste in accordance with the provisions of these Regulations; (j) advise the Minister for issuance of consent and permits; and (k) submit the dully filled Tracking Forms to the Director. (2) The Council may, in exercising its functions and powers under these Regulations, take all necessary measures to ensure compliance with any directives issued by it and may, in that respect, issue compliance orders. Powers of Environmenta l Inspector 11. An Environmental Inspector may, in addition to the powers conferred under the Act or any other written law (a) inspect any facility, plant, site, container of any dealer in e-waste; (b) enter upon any premises where e-waste is stored, dismantled, refurbished, assembled, processed or disposed of; or (c) stop for inspection any vehicle or carrier means used for the transportation of e-waste. Functions of Local Government Authorities 12.-(1) Each local government authority shall, with respect to its area of jurisdiction (a) receive and scrutinise the applications for a permit to collect and transport up to one tonne of e-waste; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 16 (b) inspect and monitor e-waste management facilities; and (c) establish and maintain information register and data related to the control and management of e waste. (2) Without prejudice to the provisions of sub regulation (1), each local government authority shall, within its area of jurisdiction ensure that (a) e-waste is properly controlled, handled and treated in accordance with prescribed standards; (b) e-waste is properly separated from other categories of waste; (c) e-waste pertaining to orphaned products is collected and channelled to authorized collection centre, dismantler or recycler; (d) standards prescribed for the e-waste management are operational; (e) training and awareness programmes are coordinated within their local areas on issues related to management of e-waste; (f) facilities generating e-waste are in compliance with prescribed standards; and (g) e-waste treatment conforms to the prescribed environmental standards at factory or site. (3) Any by-laws set by the local government for the purposes of these Regulations shall conform to the requirements of these Regulations and the Act. PART V CONTROL AND MANAGEMENT OF E-WASTE Categories of e-waste 13. Electrical and electronic equipment waste shall include waste originating from equipment listed in the First Schedule to these Regulations Prohibition of certain hazardous substances 14. Every manufacturer or importer of electrical and electronic equipment listed in the First Schedule to these Regulations shall ensure that electrical and electronic equipment does not contain lead, mercury, cadmium, Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 17 hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers. (2) Subject to sub-regulation (1), the Minister may exempt certain electrical and electronic equipment containing hazardous substances to be produced or imported. (3) Sub-regulation (2) shall not apply to components of electrical and electronic equipment manufactured or placed in the market six years before the date of commencement of these Regulations. Reduction in the use of hazardous substances 15.-(1) The detailed information with regards to the reduction in the hazardous substances used in electrical and electronic equipment shall be provided in the product, information booklet and packaging materials. (2) Subject to sub-regulation (1), the reduction in use of hazardous substances in manufactured or imported electrical and electronic equipment shall be achieved within a period of six years from the date of commencement of these Regulations. Packaging of e-waste 16.-(1) A person shall not pack or store e-wastes in a container or package, unless the container or package in which that e-waste is to be contained, packed or stored meets international requirements approved by the Council. (2) Notwithstanding sub-regulation (1), a container or packaging material provided for under sub-regulation (1) shall (a) be suitable for the particular e-waste applied for; (b) not reactive with the e-waste; and (c) capable of protecting human health and the environment. (3) A container used in the storage of e-waste shall, after the life span of the container, be disposed of in accordance with these Regulations (4) A person shall not sell or offer for sale a container which has been used for the carriage or storage of e-waste to any person other than a dealer in e-waste or a Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 18 licenced person under these Regulations. (5) A person who (a) packs or stores e-waste contrary to these Regulations; or (b) obtains or buys a container which has been used for the carriage or storage of e-waste to be used for any purpose other than carriage or storage of e-waste; (c) disposes of or sells a container which has been used for the carriage or storage of e-waste to a person who is not licensed to handle-e-waste, commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion shillings or to imprisonment for a term not exceeding twelve years or to both. Labelling of e-waste 17.-(1) A person shall not sell or offer for sale, use, pack, store or transport e-waste in a container or package, unless the container or package has been affixed with labels written in English or Kiswahili language specifying the following (a) identity of the e-waste; (b) name and address of the generator of e-waste; (c) net contents; (d) normal storage stability and methods for safe storage; (e) name and percentage by weight of other ingredients or half-life of e-waste material; (f) warning or caution statements which may include some or all of the following as appropriate (i) the word “WARNING” or “CAUTION” or “ONYO” or “TAHADHARI”; (ii) the word “DANGER! “KEEP AWAY” and “HATARI! KAA MBALI”; and (iii) a pictogram of a skull and crossbones; (g) a statement of First Aid measures to be taken when e-waste is inhaled or ingested including Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 19 the antidote to be taken and direction that a physician must be contacted immediately; and (h) adequate instructions for handling should be included in the accompanying leaflets including safety precautions in transporting, storage, recycling or disposal of e-waste and measures for cleaning any equipment used. (2) Without prejudice to the provisions of subregulation (1), the labelling of e-waste shall conform with international requirements approved by the Council. (3) Subject to sub-regulation (1), the labelling referred to in shall (a) be written in characters that are easily legible; and (b) not contain warranties, guarantees and liability exclusion clauses inconsistent with the provisions of the Act or these Regulations. (4) A person shall not use a vehicle or other conveyance as means for carrying e-waste unless such vehicle or the conveyance is labelled in accordance with sub-regulation (1). (5) A person who (a) sells, offers for sale, uses, packs, stores or transports e- waste in a container or package that is not labelled in accordance with these Regulations; or (b) uses a vehicle or other conveyance that is not labelled in accordance with these Regulations; commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding fifty million or to imprisonment for a term of not exceeding twelve years or to both. PART VI IN-COUNTRY MOVEMENTS OF E-WASTE Permits for in-country 18. The Minister may issue permits for in-country management of e- waste for the following activities Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 20 management of e-waste (a) collection of e-waste; (b) transportation of e-waste; (c) collection and transportation of e-waste up to one tonne; (d) storage of e-waste; and (e) owning or operating a plant, facility or site for treatment or recovery or recycling or refurbishing or dismantling or assembling or disposal of e-waste. Application for permits to manage e waste 19.-(1) A person who intends to collect and transport e-waste up to one tonne shall apply for a permit to the Minister by filling Form No. 1 prescribed in the Second Schedule to these Regulations and submit it to the city, municipal, district or town council environmental officer for scrutiny. (2) A person who intends to collect or store or transport e-waste shall apply for a permit to the Minister by filling Form No. 1 prescribed in the Second Schedule to these Regulations and submit it to the Council for consideration. (3) A person who intends to own or operate a plant or facility or site for treatment or recovery or recycling or refurbishing or dismantling or assembling or disposal of e waste shall apply for a permit to the Minister by filling Form No. 3 prescribed in the Second Schedule and submit it to the Council for consideration Application requirements for permit to collect and transport up to one tonne of e-waste 20.-(1) Subject to Regulation 19(1), a person applying for a permit to collect and transport up to one tonnes of e-waste shall submit the following attachments (a) business licence; (b) Introductory letter from the Ward or Sub-Ward Executive Officer; (c) Tax Identification Number (TIN) certificate; (d) Inspection report conducted by an Environment Officer; (e) upon renewal of permit, medical report of fitness for personnel involved in collection of Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 21 Cap. 297 waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Fifth Schedule; (f) proof of payment of application fee; and (g) any other document which the City, Municipal, District or Town Council Environmental Officer may require according to law. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Applicant shall submit the application package to the Council for processing. (3) Where the requirements for application under this regulation have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection and transportation of e-waste up to one tonne 21. Subject to regulation 20, the Minister may issue a permit for collection and transportation of e-waste up to one tonne in Form No. 2 specified in the Fifth Schedule where he is satisfied that the applicant has adequate and appropriate facilities and equipment to collect and transport e-waste up to one tonne without causing significant damage to public health and the environment. Condition for permit to collect and transport e-waste up to one tonne 22A person granted with permit to collect and transport e-waste up to one tonne shall (a) use appropriate e-waste collection equipment; (b) ensure that the collection of e-waste from generation or transfer station is conducted in a manner that shall not cause scattering of e waste; (c) ensure that e-waste transfer station is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher; (d) ensure that at all times the e-waste transfer station is affixed by all necessary licences and permits from other relevant authorities; (e) provide adequate protective and safety gears to Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 22 personnel involved in handling of e-waste; (f) provide safe and secure seating facilities for personnel involved in vehicles used for collection of e-waste; (g) provide basic training and information to personnel involved in the collection and handling of the e-waste at the e-waste transfer station; (h) ensure that the e-waste (i) is stored properly; and (ii) is not exposed to direct sunlight, rain and wind. Cap.297 (i) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (j) ensure that e-waste is transported in a transport facility that is covered or a closed container at all times to avoid spreading or noxious releases during transportation; (k) provide biannual reports of the conduct of the collection activity to the Council; (l) submit Tracking Form in Form No. 5 prescribed in the Fifth Schedule to the Council immediately upon completion of the collection and transportation operation; (m) ensure that each transport facility is labeled with appropriate hazard symbols, provided with First Aid equipment and fire extinguisher; (n) ensure that at all time the consignment is accompanied by certified copy of the collection and transport permit of e-waste up to one tonne, copy of the tracking form and all necessary transport documents together with permits and licences from other relevant Authorities; (o) use the shortest routes or routes presenting the lowest risk for the public and environment; (p) comply with any condition which the Minister Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 23 may impose. Application requirements for a permit to collect e waste 23.-(1) A person applying for a permit to collect e waste under regulation 19 (2) shall attach the following: (a) business licence; (b) Certificate of Incorporation and Memorandum and Articles of Association in case of company; (c) Tax Identification Number (TIN) certificate; (d) business or company profile; (e) inspection report conducted by the Council; Cap 297 (f) upon renewal of permit, a medical report of fitness for personnel involved in collection of e waste in accordance with the Occupational Safety and Health Act and Tracking Form in Form No. 5 prescribed in the Second Schedule; (g) proof of payment of application fee; and (h) any other document the Council may require according to law. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for collection of e-waste 24. Subject to regulation 23, the Minister may issue a permit for collection of e-waste in Form No. 2 specified in the Second Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipment to collect e-waste without causing significant damage to public health and the environment. Conditions for permit to collect e waste 25. A person who has been issued with permit to collect e-waste shall (a) use appropriate e-waste collection equipment; (b) ensure that e-waste collected is kept and handled in a manner that ensures safety to human health and the environment; (c) ensure that e-waste is sorted in a manner that segregates the components of the equipment in Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 24 such categories which can easily be collected, dismantled, disposed, recycled or stored (d) ensure that waste collection center is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher; (e) ensure that at all times the e-waste transfer station is affixed by all necessary licences and permits from other relevant Authorities; (f) provide adequate protective and safety gears to personnel involved in handling of e-waste; (g) provide safe and secure seating facilities for personnel involved in vehicles used for collection of e-waste; (h) provide basic training from relevant authority and information to personnel involved in the collection and handling of the e-waste at the waste transfer station; (i) ensure that the e-waste (i) is stored properly; and (ii) is not exposed to direct sunlight, rain and wind. Cap. 297 (j) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (k) provide biannual reports of the conduct of the collection activity to the Council; (l) submit Tracking Form in Form No. 5 prescribed in the Second Schedule to the Council immediately upon completion of the operation; and (m) comply with any condition the Minister may impose. Application requirements for permit to store e-waste 26.-(1) A person applying for a permit to store e waste under regulation 19(2) shall attach the following: (a) Certificate of Environmental Impact Assessment (EIA) or Certificate of Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 25 Environmental Audit; (b) inspection report of the storage facility or site conducted by the Council; (c) business licence; (d) Certificate of Incorporation and Memorandum and Articles of Association in case of company; (e) Tax Identification Number (TIN) certificate; (f) business or company profile; (g) Emergency Response Plan; (h) any relevant permit from other Authorities; Cap. 297 (i) upon renewal, a medical report of fitness for personnel involved in storage of waste in accordance with the Occupational Safety and Health Act, and Tracking Form No. 5 prescribed in the Second Schedule to these Regulations; and (j) proof of payment of application fee; and (k) any other document the Council may require. (2) Where the requirements for application under sub-regulation (1) have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permits for storage of e waste 27. Subject to regulation 26, the Minister may issue a permit for storage of e-waste using Form No. 2 as prescribed in the Second Schedule where he is satisfied that the applicant has adequate and appropriate facilities and equipment to store e- waste without causing significant damage to public health and the environment. Conditions for a permit to store e waste 28. A person issued with permit to store e-waste shall (a) provide biannual reports of the conduct of the storage activity; (b) use appropriate storage facility or site; (c) ensure that e-waste is stored in a suitable manner that ensure safety to human health and the environment; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 26 (d) ensure that storage facility is labeled with appropriate and visible hazard symbols, provided with First Aid equipment and fire extinguisher according to the type of e-waste stored; (e) ensure that at all times the storage facility is affixed with all necessary licences and permits from other relevant Authorities; (f) provide adequate protective and safety gears to personnel involved in handling the e-waste at the storage facility; (g) the storage facility is secured in a manner that prevents accessibility of un authorized persons; (h) ensure the e-waste (i) is stored properly; and (ii) is not exposed to direct sunlight, rain and wind; Cap. 297 (i) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit medical report of fitness to the Council; (j) provide basic training from relevant authorities to staff on safe waste storage and handling of emergency cases or accidents; (k) the storage facility remains located within the boundaries for which the permit is issued unless circumstances changes that cause the continuous of the facility in the place to endanger the environment and human health; (l) ensure that during storage, height of stacked containers should be limited to ensure safety; (m) submit Tracking Form in Form No. 5 prescribed in the Second Schedule to the Council immediately upon completion of the storage operation; and (n) comply with any condition which the Minister may impose. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 27 Application requirements for permit to transport e waste 29.-(1) A person applying for a permit to transport e-waste under regulation 19(2) shall attach the following (a) business licence; (b) Certificate of incorporation and Memorandum and Articles of Association in case of company; (c) Taxpayer Identification Number (TIN) certificate; (d) business or company profile; (e) details on the mode of transportation and specifications; (f) inspection report conducted by the Council; (g) upon renewal, Tracking Form in Form No. 5 prescribed in the Second Schedule; and a medical report of fitness for personnel involved in transportation of waste; (h) proof of payment of application fee; and (i) any other document which the Council may require according to law. (2) Where the requirements for application under subregulation (1) have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit for transportation of e-waste 30. Subject to regulation 29, the Minister may issue a permit for transportation of e-waste in Form No. 2 as prescribed in the Second Schedule where he is satisfied that the Applicant has adequate and appropriate facilities and equipments to transport e-waste without causing significant damage to public health and the environment. Conditions for permit to transport e waste 31. A person issued with a permit to transport e waste shall (a) use appropriate means of transport of e-waste; (b) ensure that at all times the waste consignment is accompanied by certified copy of transportation permit of e-waste, copy of the Tracking form and all necessary transport Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 28 documents together with permits and licences from other Authorities; (c) provide adequate protective and safety gears to personnel involved in handling the e-waste; (d) provide safe and secure seating facilities in the cabin for personnel involved during transportation of e-waste; (e) ensure that the e-waste is transported in a covered transport facility or closed container; (f) provide annual medical check-up and submit medical report of fitness to the Council; (g) provide basic training to staff on safe transportation and handling of e-waste; (h) submit tracking in the prescribed Form No. 5 set out in the Second Schedule to these Regulations to the Council upon completion of the transportation operations; and (i) comply with any condition as the Minister may impose. 32-(1) A person who apply for a permit to own or operate a plant or facility or site for treatment, recovery, recycling, refurbishing, dismantling, assembling or disposal of e-waste under regulation 19(3), shall attach the following: (a) executive summary and certificate of EIA or Environmental Audit of the facility or site; (b) business licence; (c) in case of a company, Certificate of Incorporation and Memorandum and Articles of Association; (d) Taxpayer Identification Number (TIN) certificate; (e) business or company profile; (f) proof of land ownership or lease agreement and land use plan; (g) detailed description of the facility or site; (h) detailed description of the storage facility; (i) energy plan to be used in the facility or site; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 29 (j) relevant permits from other Authorities; (k) Emergency Response Plan; (l) inspection report of the plant or site conducted by the Council; (m) upon renewal, Tracking Document in Form No. 5 set out in the Second Schedule to these Regulations and a medical report of fitness for personnel involved in transportation of waste; (n) proof of payment of application fees; and (o) any other document as the Council may require according to law. (2) Where the Council has received application and is satisfied that all requirements have been complied with, the Council shall (a) direct the applicant to pay permit charges; and (b) advise the Minister for issuance of the permit. Permit to own or operate a plant or facility or site for recovery, recycling, refurbishing, dismantling, assembling or disposal of e-waste 33. Subject to regulation 32, the Minister may issue a permit for owning or operating plant or facility or site for recycling, refurbishing, dismantling, assembling or disposal of e-waste in prescribed Form No. 4 set out in the Second Schedule where he is satisfied that the plant or facility or site operation is conducted in a relevant zoned site and in an environmentally sound manner. Condition for a permit to own or operate a plant or facility or site for recovery, recycling, refurbishing, dismantling, assembling or disposal of e-waste 34. A person who has been issued with permit to own or operate a plant or facility or site for treatment, recovery, recycling, refurbishing, dismantling, assembling or disposal of e-waste shall (a) ensure that the operations of the plant or facility or site is conducted in a relevant zoned site; (b) ensure that the activities are conducted in a licenced disposal facility with capacity to handle the type of e-waste in question; (c) ensure that the plant or facility or site is labelled with appropriate and visible hazard and safety signs; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 30 (d) ensure that the plant or facility or site is provided with First Aid kit and fire extinguisher; (e) ensure proper handling and management of the e-waste in question without causing risk to the public and the environment; (f) provide adequate protective and safety gears to personnel involved in handling the e-waste; (g) ensure that the e-waste is stored properly and is not exposed to direct sunlight, rain and wind prior to recycling, refurbishing, dismantling, assembling or disposal operations; (h) carry out an annual audit of the environmental performance of the plant or facility or site and submit the report to the Council; Cap. 297 (i) provide annual medical check-up in accordance with the Occupational Safety and Health Act, and submit a medical report of fitness to the Council; (j) provide basic training to staff involved in handling and disposal of e-waste; (k) upon completion of treatment operation, submit Tracking Form in the prescribed Form No. 5 as set out in the Second Schedule to the Council; and (l) comply with any condition as the Minister may impose. Validity of permit for in country management of e-waste 35.-(1) A permit issued under this Part shall be valid for three years and may, upon application, be renewed by the Minister: Provided that, the permit holder shall pay annual inspection fee. (2) Notwithstanding the provisions of sub regulation (1), the Minister may limit the validity of a permit issued under this regulation to a specific number of transactions. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 31 Offences relating to in country management of e-waste 36. Any person who deals with (a) collection of e-wastes; (b) storage of e-wastes; (c) collection and transportation of e-waste up to one tonne; (d) transportation of e-wastes; and (e) owning or operating of a plant or facility or site for recycling, refurbishing, dismantling, assembling or disposal of e-waste without a permit issue under these Regulations. commits an offence and shall on conviction be liable to a fine of not less than five million shillings but not exceeding ten billion or to imprisonment for a term not exceeding seven years or to both. PART VII TRANSBOUNDARY MOVEMENTS OF E-WASTE Focal point and Competent Authority 37.-(1) The Director shall be the Focal Point and Competent Authority for the operation of the Prior Informed Consent procedure for the export, import or transit of e-waste in accordance with the provisions of the Basel Convention, 1989. (2) The Director shall closely liaise with the designated national authorities of other states under any international convention or agreement to which the United Republic is a party (3) The Director shall disseminate information on management of e-waste to the public. Application requirement for export permit of e waste 38.-(1) A person who intends to export e-wastes shall fill in triplicate Notification Document in the prescribed Form No. 6 and Movement Document in the prescribed Form No. 7 as prescribed in the Second Schedule and submit it to the Council with the following attachments (a) business licence; (b) certificate of incorporation and Memorandum and Article of Associations in case of Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 32 company; (c) Tax Identification Number (TIN) certificate; (d) business or company profile; (e) a contract between the Exporter and the Importer specifying environmentally sound management of the e-waste; (f) a permit for collection or storage of e-waste or proof of acquisition of e-waste from a person with a permit to collect and store e waste issued under these Regulations; (g) a schedule of intended shipment of the e waste; (h) a proof of payment of application fees; and (i) any other document which may be required by the competent authority. (2) Upon satisfaction that the requirements of the sub regulation (1) have been complied with, the Director shall notify the competent authority of the country of import and the country of transit if any, for consent. (3) Upon receipt of the consent from the competent authority of the country of import or transit, the Council shall cause the inspection of the consignment to be exported and thereafter require the applicant to pay the export charges. Export permit 39. Where procedure under regulation 38 has been completed, the Minister shall issue export permit for e waste in Form No. 8 as prescribed in the Fifth Schedule. Conditions for export permit of e-waste 40. A person who has been issued with an export permit shall ensure that (a) the export cargo only pass through the customs point of exit in accordance with the schedule of shipments declared in the Movement Document; (b) the export cargo is packaged in accordance with international requirements approved by the Council; (c) the export cargo is labeled in accordance with Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 33 international requirements approved by the Council. (d) the export cargo is not transported through inland waters except where the e-waste is generated from islands within the territorial jurisdiction of Tanzania; (e) the export permit is surrendered to the Custom Authorities at the point of exit; and (f) any condition which the Minister may impose is complied with. Restricted importation of e-waste 41.-(1) Subject to Bamako Convention, 1991, no person shall import e-waste into the United Republic. (2) Without prejudice to the provisions of sub regulation (1), the Minister after consultation with other relevant Ministries and for public interest may allow the importation of e-waste into the United Republic. Application requirements for import permit of e waste 42. The State of Export shall notify the Minister through the Director by submitting Notification Document in the prescribed Form No. 6 and Movement Document in the prescribed Form 7 prescribed in the Second Schedule attached with the following: (a) business licence; (b) in case of company, Certificate of Incorporation; (c) Tax Identification Number (TIN) certificate; (d) business or company profile; (e) a contract between Exporter and Importer specifying environmentally sound management of the e-waste; (f) a schedule of intended shipment of the e waste; (g) proof that the e-waste is generated from the State of Export; (h) proof of payment of application fees; and (i) any other document which may be required by the competent authority. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 34 Import permit of e-waste 43. Upon receiving the notification from the competent authorities of the State of Export and after being satisfied by the advice of the Director, the Minister may issue consent and import permit in the prescribed Form No. 9 set out in the Second Schedule. Conditions for import permit 44. A person who has been issued with an import permit shall ensure that (a) the imported cargo is transported from the point of entry to the final destination using valid transport permit for e-waste issued under these Regulations; (b) the import cargo is packaged in accordance with international requirements approved by the Council; (c) the import cargo is labeled in accordance with international requirements approved by the Council; (d) import cargo shall not be transported through inland waters except where the e-waste is generated from islands within the territorial jurisdiction of Tanzania; (e) he holds other relevant permits from other authorities; and (f) any condition which the Minister may impose is complied with. Application requirements for transit permit of e-waste 45. The State of Export shall notify the Minister through the Director of Environment by submitting dully filled Notification Document in the prescribed Form No. 6 and Movement Document in the described Form No. 7 set out in the Second Schedule with the following attachments: (a) a contract between Exporter and Importer specifying environmentally sound management of the e-waste; (b) a schedule of intended shipment of the e-waste; (c) Emergency Response Plan; and Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 35 (d) any other document which may be required by the competent authority. Transit permit of e-waste 46. Where the Minister receives a notification from the competent authorities of the State of Export and the consent from the State of Import, and after being satisfied by the advice of the Director, the Minister may issue the consent through the Movement Document; and transit permit in the prescribed from Form No. 10 set out in the Second Schedule. Conditions for transit permit 47.-(1) A person who has been issued with a transit permit shall ensure that (a) transit cargo passing through the United Republic of Tanzania does not be unloaded for repackaging; (b) transit cargo is only transported through the customs point of entry and exit stipulated in the declared schedule of shipments; (c) the permit is surrendered to the Customs Authorities at the point of exit; (d) transit cargo is not be transported by inland waters; (e) transit cargo is packaged in accordance with international requirements approved by the Council; (f) transit cargo is labeled in accordance with international requirements approved by the Council; and (g) he cover escort expenses for the transit cargo. (2) Subject to subregulation (1)(g), the Director shall determine the escort charges of the transit cargo. Notification to Commissioner of Customs and Exports Controller 48.-(1) The Council shall submit to the Commissioner of Customs a copy of the permits for import, export and transit of e-waste together with the Notification Document in Form No.6 and Movement Document in Form No.7 as prescribed in the Fifth Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 36 Schedule. (2) The Council shall submit to the Exports Controller a copy of the permits for export of e-waste together with the Notification Document and Movement Document in Form No.6 and Form No.7 as prescribed in the Fifth Schedule. Validity of permits for trans boundary movements of e-waste 49. Any permit for trans-boundary movements of e-waste issued under these Regulations shall relate to the specific transaction and shall not be valid for any subsequent transaction. Illegal traffic of e-waste 50.-(1) For the purpose of these Regulations, any trans-boundary movement of e-waste (a) without notification to all states concerned; (b) without the consent of a state concerned; or (c) with consent obtained from states concerned through falsification, misrepresentation or fraud; (d) that does not conform in a material way with the documents; or (e) that results in deliberate disposal including dumping of e-waste in contravention of these Regulations and of general principles of international laws, shall be deemed to be illegal traffic of e-waste. (2) Any illegal traffic of e-waste shall be taken back to the state of export by the exporter or the generator or, where necessary, by itself into the state of export. (3) Notwithstanding the provisions of sub regulation (2), any person who contravenes this regulation commits an offence and shall be liable on conviction to a fine of not less than five million shillings but not exceeding one billion shillings or to imprisonment for a term not exceeding seven years or to both. PART VIII RESPONSIBILITIES Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 37 General Responsibility 51.-(1) A person who (a) is in possession or control of e-waste shall (i) be under legal obligation to ensure that they are separated at the source from other categories of wastes; (ii) have duty to ensure safe custody of such e-waste in a manner that may not endanger human health and environment; (iii) deposit or cause to be deposited such e waste separately into receptacles; or (b) intends to operate a facility for e-waste recycling, dismantling, disposing or storage shall carry-out Environmental Impact Assessment or Environmental Audit at his own costs. (2) Any information obtained from e-waste in the course of execution of duties under any permit issued under these Regulations shall be kept confidential. (3) No confidential information, held by any person in the course of the execution of his duties under any licence issued in these Regulations shall be disclosed to third parties unless it is (a) pursuant to a court order; or (b) required by a competent authority under any other law. Cap. 410 (4) Without prejudice to the provisions of the Public Procurement Act, any government agency, department or office that generates e-waste shall ensure that such e-waste is handled, stored in environmentally sound manner and dealt with in a manner that will keep information contained therein confidential. Responsibiliti es of manufacturer or authorized dealer 52.-(1) A manufacturer or authorized dealer of electrical and electronic equipment shall (a) ensure that e-waste generated during the manufacture of electrical and electronic equipment are channelled for dismantling, refurbishing, recycling or disposal in environmentally sound manner; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 38 (b) ensure that e-waste generated from the end of life of their products is collected in line with the principle of extended producer responsibility' and channelled to a licensed dismantler or recycler; (c) ensure that collection centres or take back systems are set up either individually or collectively; (d) finance and organize a transparent system, either individually or by joining a collective scheme, to meet the costs involved in the environmentally sound management of e-waste generated from the end of life of its own products; and (e) provide contact details such as address, telephone numbers or helpline number of authorized collection centres to consumers or bulk consumers so as to facilitate take back of used electrical and electronic equipment. (2) A manufacturer or authorized dealer of electrical and electronic equipment shall create awareness through publications, advertisements, posters, brochures or by any other means of communication and information booklets accompanying the equipment, with regard to (a) information on hazardous constituents contained in the equipment; (b) information on hazards of improper handling, accidental breakage, damage or improper recycling of e-waste; (c) instructions for handling the electrical and electronic equipment after its use; and (d) affixing a visible, legible and indelible symbol to indicate associated hazards on the electrical and electronic equipment or information booklets. (3) A manufacturer or authorized dealer of electrical and electronic equipment who fails to discharge his responsibilities stated under this provision commits an offence and, upon conviction, shall be liable to a fine of Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 39 not less than five million shillings and not exceeding one billion shillings or imprisonment for a term of not less than seven years or both fine and imprisonment. Responsibility of consumer 53.-(1) A consumer of electrical and electronic equipment shall (a) ensure that e-waste generated by him is channelled to a dealer in e-waste or is returned through take back services to the manufacturer or authorised dealer; (b) segregate safely e-waste from other wastes and deposit separately into receptacles; (c) ensure personal sensitive or confidential information which contained in the e-waste is removed before taken to the dealer in e-waste; and (d) comply with these Regulations and guidelines issued under these Regulations. (2) Any consumer who contravenes the provisions of this regulation commits an offence and shall, upon conviction, be liable to a fine not less than fifty thousand shillings and not exceeding one million shillings. (3) Where a person is convicted of an offence under this regulation, the court may in addition to imposing penalty, orders such person to clear up and remove deposited e-waste within such a period and to such a place as may be specified in the order. (4) In case of habitual offender to imprisonment for a term not exceeding twelve months. Responsibility of bulk Consumer 54.-(1) A bulk consumer of electrical and electronic equipment shall (a) ensure that e-waste generated by him is collected, sorted, stored and channelled to a dealer in e-waste or is returned through take back services to the manufacturer or authorised dealer; (b) segregate safely e-waste from other wastes and store separately into receptacles; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 40 (c) identify e-waste which contains sensitive or confidential information and channel it to the appropriate dealer in e-waste; and (d) comply with these Regulations and guidelines issued under these Regulations. (2) A bulk consumer shall maintain records of e waste generated by them and make such records available to any competent authority. (3) A bulk consumer who contravenes the provisions of this Regulation commits an offence and upon conviction shall be liable to a fine of not less than five million shillings and not exceeding one billion shillings. (4) Where a person is convicted of an offence against this regulation, the court may in addition to imposing penalty, order such person to clear up and remove deposited e-waste within such a period and to such a place as may be specified in the order. (5) In case of habitual offender to imprisonment for a term not exceeding seven years. PART IX COMPLIANCE AND ENFORCEMENT Monitoring of compliance 55. The Council shall (a) conduct regular inspections in any areas in which collection, recycling, assembling, dismantling, refurbishing, storage or disposal of e-waste are carried out; (b) monitor the performance of dealers engaged in e-waste management. Inspection of environmental inspector 56. The Environmental Inspector or any authorized officer may, at any time, enter upon any area where collection, take back, storage, recycling, refurbishment, dismantling, assembling or disposal of e-waste are being carried out for the purpose of inspection of the impacts upon the environment from any activities carried out on that area. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 41 Powers to serve prevention orders 57.-(1) Subject to regulation 55 and 56, where the results of monitoring or inspection indicate non compliance with these Regulations, an officer of the Council or an Environmental Inspector may serve a prevention order on thee permit holder. (2) A person on whom a prevention order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, that person shall comply with the order immediately. (3) A person who contravenes a prevention order commits an offence and shall on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence is continued. Power to serve compliance orders 58.-(1) Where an Environmental Inspector has reasonable grounds to believe that any condition of a permit issued under these Regulations has been breached, he may serve a compliance order requiring that person to remedy the breach within a reasonable period stipulated in the order. (2) A person on whom a compliance order is served shall comply with the requirements of the order by the date or dates specified in the order and if no date is specified, that person shall comply with the order immediately. (3) A person who contravenes a compliance order commits an offence and shall on conviction, be liable to a fine of not less than five hundred thousand shillings or to imprisonment for a term not exceeding one year and where that person fails to comply with a requirement specified in the prevention order within the time Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 42 specified, that person shall be liable to a further fine not exceeding one hundred thousand shillings for every day or part of a day after the date specified in the order during which the offence is continued. Duty to self audit 59. Any dealer in e-waste shall conduct self-audit regularly and the report of such audit shall form part of the bi-annual report in accordance with these Regulations. Duty to keep records 60.-(1) A dealer in e-waste under these Regulations shall (a) keep a record of the licensed activity and all transactions related to it in the prescribed Form No. 11 set out in the Second Schedule to these Regulations ; and (b) submit the record referred to in paragraph (a) to the Director every six months from the commencement of the licensed activity. (2) Any person who contravenes this regulation commits an offence and upon conviction shall be liable to a fine of not less than fifty thousand shillings but not exceeding one billion shillings or to imprisonment for a term of not less than three months but not exceeding seven years or to both. Cancellation of permit 61. The Minister may suspend or revoke a permit issued under these Regulations where he is satisfied that (a) the conditions of the grant of the permit have not been complied with; (b) the continued operation of the activity is or is likely to be injurious to human health or environment; (c) the activities are against the public interest; or (d) there was misrepresentation of information in the application process. PART X GENERAL PROVISIONS Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 43 Non transferability of permit 62. A permit issued under these Regulations shall not be transferable. Management of e-waste by the generator 63. Any person who generates e-waste shall ensure that the e-waste generated is (a) disposed in environmentally sound manner; or (b) taken by persons with collection and transportation permits issued under these Regulations. Liability 64.-(1) Where there is any damage caused by e waste which has been deposited or mishandled, a person who caused or contributed to such damage shall be liable for that damage caused to human health and environment. (2) Where a person is convicted under sub regulation (1), apart from any such other measures that may be taken against him in accordance with the provisions of these Regulations, shall be liable to make good of the injury caused in accordance with the polluter pay principle. (3) A dealer in e-waste shall have a duty to report to the Council on any damage caused to human health and the environment; the report must envisage the details of the cause and measures taken to mitigate the damage. Insurance 65.-(1) A permit holder under these Regulations shall subscribe to an insurance policy covering the risks likely to arise out of the activity for which the permit is issued. (2) An Insurance Policy under this Regulation shall be capable of, at least, covering all risks that may arise on third parties and any damage to environment. Reporting procedures 66.-(1) A person permitted to carry out any activity under these Regulations shall submit bi-annual reports on the conduct of the permitted activity to the Director in the manner set out in the prescribed Form No. 12 set out in the Second Schedule to these Regulations. (2) Where special reporting procedures are made as Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 44 part of the conditions of a licence granted under these Regulations, those procedures shall take precedence over the submission of bi-annual reports under sub-regulation (1). Register of permits 67. The Director shall maintain a register of all permit issued under these Regulations. Appeals 68. A person who is aggrieved by any decision made under these Regulations may appeal in accordance with the provisions of the Act. SCHEDULES Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 45 FIRST SCHEDULE (Made under regulation 13) CATEGORIES OF ELECTRICAL AND ELECTRONIC EQUIPMENT S/NO Categories of electrical and electronic equipments (EEE) 1. Large Household Appliances; (a) large cooling appliances; (b) refrigerators; (c) freezers; (d) other large appliances used for refrigeration, conservation and storage of food (e) Washing machines; (f)clothes dryers; (g) dish washing machines; (h) electrical Cooking appliances; (i) electric stoves; (j) electric hot plates; (k) microwaves; (l) other large appliances used for cooking and other processing of food (m) electric heating appliances; (n) electric radiators; (o) other large appliances for heating rooms, beds and seating furniture; (p) electric fans; (q) air conditioner appliances; and (r)other fanning, exhaust ventilation and conditioning equipment. (s) others of the same nature 2. Small Household Appliances: (a) vacuum cleaners; (b) carpet sweepers; (c) other electrical appliances for cleaning; (d) appliances used for sewing, knitting, weaving and other processing for textiles; (e) irons and other appliances for ironing, mangling and other clothing appliances; (f) toaster ; (g) fryers ; (h) grinders, coffee machines and equipment for opening or sealing containers or packages; (i) electric knives; (j) appliances for hair-cutting, hair drying, tooth brushing, shaving, massage and other body care appliances; (k) clocks, watches and equipment for the purpose of measuring, indicating or registering time; and scales other small household appliances of the same nature 3. IT and telecommunications equipment (a) centralized data processing Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 46 (i) minicomputers (ii) servers or units personal (ii) mainframes (b) printer units; (c) personal computing; (i)personal computers (CPU, mouse, screen and keyboard included) (ii)laptop computers (CPU, mouse, screen and keyboard included) (iii) notebook computers (iv) notepad computers (d) copying equipment; (e) electrical and electronic typewriters; (f) pocket and desk calculators and other products and equipment for the collection, storage, processing, presentation or communication of information by electronic means; (g) user terminals and systems; (h) facsimile; (i) telex; (j) telephones; (k) pay telephones; (l) cordless telephones; (m) cellular telephones; (n) answering systems and other products; (o) broadcasting equipment for transmitting sound, images or other information by telecommunications; and (p) and other products or equipment for the purpose of recording or reproducing sound or images, including signals or other technologies for the distribution of sound and image than by telecommunications. 4. Consumer Equipment (a) radio sets; (b) television sets; (c) video cameras; (d) video recorders; (e) hi-fi recorders; (f) audio amplifiers; and (g) musical instruments. 5. Lighting equipment (a) luminaries for fluorescent lamps. Straight fluorescent lamps; (b) compact fluorescent lamps; (c) high intensity discharge lamps, including pressure sodium lamps and metal halide lamps; (d) low pressure sodium lamps; and (e) other lighting or equipment for the purpose of spreading or controlling light. 6. Electrical and electronic tools (a) drills; (b) saws; (c) sewing machines; (d) equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials; (e) tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses; Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 47 (f) tools for welding, soldering or similar use; (g) equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substances by other means; and (h) tools for mowing or other gardening activities. 7. Toys, leisure and sports equipment (a) electric trains or car racing sets; (b) hand-held video game consoles; (c) video games (d) computers for biking, diving, running, rowing, and other similar gadgets; (e) sports equipment with electric or electronic components; and (f) coin slot machines. 8. Medical devices (with the exception of all implanted and infected products) (a) radiotherapy equipment; (b) cardiology; (c) dialysis; (d) pulmonary ventilators; (e) nuclear medicine; (f) laboratory equipment for in-vitro diagnosis; (g) analysers; (h) freezers; and (i) other appliances for detecting, preventing, monitoring, treating, alleviating illness, injury or disability. 9. Monitoring and control instruments (a) smoke detector; (b) heating regulators; (c) thermostats; (d) measuring, weighing or adjusting appliances for household or as laboratory equipment; (e) other monitoring and control instruments used in industrial installations; 10. Automatic dispensers (a) automatic dispensers for hot drinks; (b) automatic dispensers for hot or cold bottles or cans; (c) automatic dispensers for solid products; and (d) automatic dispensers for money. 11. Batteries that are associated with electric and electronic equipment; 12. Security Equipment (electric and electronic equipment for security services); 13. Florescent tubes; 14. Other equipment that conform to electric and electronic equipment Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 48 SECOND SCHEDULE FORMS (Made under regulation 19(1)(2)) (To be completed in Triplicate) Form No. 1 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE APPLICATION/RENEWAL FOR A PERMIT FOR.................................OF E-WASTE* I hereby apply for a permit to collect/store/transport of e-waste. The particulars of the application are given below: Name and physical address of Applicant……........……....................…………...................... TIN Number …………………...……................…………………......................................... Type of e-waste…..........................…......……................................………………................. Source of e-waste...................................................................................................................... Mode of e-waste collection………………..........................………………............................. Location(s) and size (in square meters) of the waste storage facility, if any….............…….. Collection schedule ………….................……………………................................................. Intended Recipient(s) of the e-waste......................................................................................... Any other relevant information…………………......................……................................................. Is Application for: Initial permit Renewal Previous Permit Number ……………………….......……………….................................. Date: ……………………................. Signature: ………….....................…................... Designation/Title: …………………………........................………......................................... Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 49 FOR OFFICIAL USE ONLY Application received by ………..........................on ……………........................20………… Application Fee paid Tshs………………(in words)......................................………………. * Please fill the intended activity for which the permit is sought. This includes collection or storage or transportation of e-waste. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 50 Form No. 2 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 PERMIT TO.....................................................E-WASTE* (Made under regulations 21, 24, 27 and 30) Permit No...................……. This is to certify that ………………..................................……of P.O Box………....……………… has been granted a permit to................................................................…….(type of e- waste) in Mainland Tanzania. This permit is valid for a period of thirty six starting from ………………….to…………….. unless revoked or suspended. Terms and conditions for this permit are set out overleaf. Date…………………………… Name…………………………. Signature……………………... Minister Responsible for Environment * Please fill the intended activity for which the permit is granted. This includes collection or storage or transportation of e-waste. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 51 Form No. 3 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE APPLICATION/RENEWAL FOR A PERMIT FOR OWNING OR OPERATING FACILITY OR SITE FOR RECYLING/DISMANTLING/ ASSEMBLING/REFURBISHING OR DISPOSAL OF E-WASTE (Made under regulation 19(3)) I hereby apply for a permit to own/operate facility or site for dismantling/ assembling/refurbishing or disposal of e-waste. The particulars of the application are given below: Name and physical address of Applicant …………………....................................………………… TIN Number ………………………….........................……………......……………………………….. Location and district of plant/facility/site ……….......…..................................……………………… Approval of Town/Country Planning Authority..……..........................................…………………... Description of types of e-waste to be manange of at facility orsite..........…………………………… Capacity of the disposal facility/site per annum (tonnes)…….....……….....………………………… Type of disposal option to be used for: (a) Recovery...……….....................................................………………………………………… (b) Recycling................................................................................................................................................ Type of e-waste disposal option: (a) Containment in impermeable layers........ ………………………………………… (b) Solidification ................................................................................................................................ (c) Sanitary land filling ...................................................................................................................... Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 52 (d) Land filling.................................................................................................................................... (e) Decontamination..................................................................................................................... (f) Incineration …………………………………..............................................……………………. Other (specify) ………………………..........................………………………………………………… Estimated life span of facility site (include plan or designs)…….........................................……….. Approved energy plan (dated) ........................................................................................(Attached copy) Executive summary of Environmental Impact Statement or Environmental Audit (please attach) Is Application for: Initial permit Renewal Previous Permit Number (for renewal) ……...........................................................……………… E.I.A or Environmental Audit Certificate Number………............................…..............…………… Any other information …………….........................................……….....……………………………… Date: ……………………........….………… Signature:…..........................……………………….. Designation/Title:……………...……....................................……………………………………. FOR OFFICIAL USE ONLY Application received by ………………….........................…………..on……..……….20……………. Fee paid TShs……………....……(in words) ……….................................…………………………….. Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 53 Form No. 4 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 PERMIT TO OWN/OPERATE FACILITY OR SITE FOR RECYLING/DISMANTLING/ ASSEMBLING/REFURBISHING OR DISPOSAL OF E-WASTE (Made under regulation 33) Permit No...................……. This is to certify that ………………..................................……of P.O Box………....……………… has been granted a permit to own/operate treatment plant or disposal facility/site at ................................................................…….(Plot No., town, ward, district, region) in Mainland Tanzania. This permit is valid for a period of thirty six starting from ………………….to…………….. unless revoked or suspended. Terms and conditions for this permit are set out overleaf. Name…………………………. Date……………………… Signature……………….. Minister Responsible for Environment Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 54 Form No. 5 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE TRACKING DOCUMENT FOR TRANSPORT, TREATMENT, RECYCLING, REUSE, RECOVERY OR DISPOSAL OF E-WASTE (To be completed in Five Copies)* (Made under regulations 20(1)(e), 22(l), 23(1)(f), 25(l), 26(1)(i), 28(m), 29(g), 31(h), 32(1)(l) and 34(k)) A Transporter i) Name of holder of Transport Permit............................ ii) Transport Permit Number ……… iii) Municipality/District of operation.............................. CONSIGNMENT NOTE FOR THE TRANSPORT AND TREATMENT/DISPOSAL OF E-WASTE B Description of the e-waste i) Source of the e-waste...................................... ii) Location of generated e-waste………………… iii) Type of e- waste................................................. iv) Quantity of e-waste......................................... v) Size and number of Containers, if any……........................ C Generator or Collector i) Name of e-waste generator or collector……… ii) Physical location of e-waste generator or collector……… iii) Name:............................................................................. iv) Position:......................................................................... v) Signature…………………………………………… vi) Date: .............................................................................. D Treatment, Recycling, Reuse, Recovery, Storage or Disposal Facility Owner/Operator’ s Certification I certify that I have received ……………(quantity of e-waste) as described in A, B and C. The e-waste was delivered in vehicle or other means of transportation.............................................(Registration No.) at............................(time) on…..........…………….….(date) and the carrier gave his/her name as…................……………...on behalf of collector or transporter..........…….............................................……… Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 55 The e-waste shall be stored or treated or disposed as per Owner/Operator Permit No. or EIA/EA Certificate No....................... Name: ...................................................................................... Position:................................................................................... Signature:................................................................................ Date: ....................................................................................... On behalf of (in case the Recipient is not the facility owner):….......... (In case the e-waste is to be delivered to another facility) I certify that I have received …………… (quantity of e-waste) as described in A, B and C. The e-waste was delivered in vehicle or other means of transportation.............................................(Registration No.) at............................(time) on…..........…………….….(date) and the carrier gave his/her name as…................……………...on behalf of collector or transporter..........…….............................................……… The e-waste shall be stored or treated or disposed as per Owner/Operator Permit No. or EIA/EA Certificate No....................... Name: ...................................................................................... Position:................................................................................... Signature:................................................................................ Date: ....................................................................................... On behalf of (in case the Recipient is not the facility owner):….......... *Original (Yellow) – Director of Environment: Copy 1. (Pink) – Local Government Authority: Copy 2. (Blue) – Source of E-waste: Copy 3. (Green) – Recycler/Re – User/Disposer/Storer of E-waste: Copy 4. (Brown) - Transporter Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 56 Form No. 6 NOTIFICATION DOCUMENT (Made under regulation 38(1), 43, 45 and 48) 1. Exporter (name, address): 3. Notification concerning (1): A (i) Single Movement B (i) Disposal (no recovery) (ii) General notification (ii) Recovery operation Contact person: Tel: (multiple movements) Fax/ Telex C Pre-authorized recovery facility Ye s No Reason for export: Facility Registration Number (if Yes) 2. Importer (name, address): (To be completed for a recovery facility located in an OECD State) 4. Total intended number 5. Estimated quantity (3) of shipmen ts kg litres Contact person: Tel: 6. Intended date(s) or period of time for shipment(s) Fax/ Telex : 7. Intended carrier(s)* (name, address) (2): 8. Disposer (name, address) Contact person: Tel: Fax/ Telex : 10. Waste generator(s) (name, address) (2): Contact person: Tel: Actual site of disposal: Fax/Telex: 9. Method(s) of disposal: Contact person: Tel: D code / R code (4): Fax/ Telex : Technology employed (Attach details if necessary): Site of generation & process: 11. Mode(s) of transport (4): 12 . Packaging Type(s) (4): Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 57 13. (i) Designation and chemical composition of the waste (ii) Special handling requirements 14 . Physical characteristics 15. Waste identification code 17 . Y-number (4): in country of export: IWI C: in country of import: EW C: 18 . H-number (4): Customs Code H.S: Other (specify) : 16. OECD classification (1): 19. (i) UN identification: (ii) UN class (4): amber Red and number: UN Shipping name: other (attach details) 20. Concerned states, code number of Component authorities, and specific points of entry and exit: State of Export States of transit State of Import 21. Customs offices of entry and/or departure (European-Community): 23. Exporter's/Generators declaration: Entry I certify that the above information is complete and correct to my best knowledge. I also certify that legally-enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantees are or shall be in force covering the transboundary movement. Departure: 2 2. Number of annexes Attached Name: Signature: Date: For use by competent authorities 24. To be completed by - Import (EEC, OECD) 25. Consent to the movement provided by the Competent Authority of (country): Notification received on: - transit (Basel) Consent given on: Consent expires on: Acknowledgment sent on: Specific conditions (1): Yes. See block 26 overleaf/annex No. Name of Competent Authority, Name of Competent Authority, stamp and/or signature: stamp and/or signature: Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 58 (1) Enter X in appropriate box (2) Attach a list if more than one (3) Attach a list if multiple shipment (4) See codes on the reverse LIST OF ABBREVIATIONS USED IN THE NOTIFICATION FORM DISPOSAL (NO RECOVERY) (Block 9) RECOVERY OPERATIONS (Block 9) D1 Deposit into or onto Land, (e.g., Landfill, etc.) R1 Use as a fuel (other than in direct incineration) or other D2 Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc...) means to generate energy D3 Deep Injection, (e.g., injection of pumpable discards into wells, salt domes or naturally R2 Solvent reclamation/regeneration occurring repositories, etc.) R3 Recycling/reclamation of organic substances which are D4 Surface impoundment, (e.g., placement of liquid or sludge discards into pits, ponds not used as solvents or lagoons, etc...) R4 Recycling/reclamation of metal compounds D5 Specially engineered landfill, (e.g., placement onto lined discrete cells which are capped and R5 Recycling/reclamation of other inorganic materials isolated from one another and the environment, etc...) R6 Regeneration of acid or bases D6 Release into water body except seas/oceans R7 Recovery of components from used for pollution abatement D7 Release into seas/oceans including sea-bed insertion R8 Recovery of components from catalysts D8 Biological treatment not specified elsewhere in this list which results in final compounds R9 Used oil re-refining or other reuses of previously used oil or mixtures which are discarded by means of any operations number D1 to D12 R1 0 Land treatment resulting in benefit to agricultural or eco D9 Physico-chemical treatment not specified elsewhere in this list which results in final logical improvement compounds or mixtures which are discarded by means of any operations numbered D1 to R1 1 Uses of residual material obtained from any of the D12, (e.g., evaporation, drying, calcination etc.) operations numbered R 1 to R10 D1 0 Incineration on land R1 2 Exchange of wastes for submission to any of the D1 1 Incineration at sea operations numbered R1 to R11 D1 2 Permanent Storage, (e.g., emplacement in containers in a mine, etc.) R1 3 Accumulation of material intended for any operations D1 3 Blending or mixing prior to submission to any of the operations numbered D1 to D12 numbered R1 to R12 D1 4 Repackaging prior to submission to any of the operations number D1 to D12. D1 5 Storage pending any of the operations D1 to D12. H NUMBER (Block 18) AND UN CLASS (Block 19) MODES OF TRANSPORT (Block 11) PACKAGING TYPES (Block 12) U N Clas s H number R Road 1 Drum 1 H1 Explosive Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 59 2 Wooden Barrel 3 H3 Inflammable liquids T Train/Rail 3 Jerrican 4.1 H4. 1 Inflammable solids 4 Box 4.2 H4. 2 Substances or wastes liable to spontaneous S Sea 5 Bag Combustion 6 Composite Packaging 4.3 H4. 3 Substances or waste which, in contact with A Air 7 Pressure receptacle water, emit inflammable gases 8 Bulk 5.1 H5. 1 Oxidizing W Inland Waterways 9 Other (Specify 5.2 H5. 2 Organic peroxides 6.1 H6. 1 Poisonous (acute) PHYSICAL CHARACTERISTICS (Block 14) 6.2 H6. 2 Infectious substances 8 H8 Corrosives 1 Powdery/powder 5 Liquid 9 H10 Liberation of toxic gases in contact with air 2 Solid 6 Gaseous or water 3 Viscous/paste 7 Other (specify) 9 H11 Toxic (delayed or chronic) 4 Sludgy 9 H12 Ecotoxic 9 H13 Capable, after disposal, of yielding another material, e.g. leachate, which possesses any of the characteristics listed above Y numbers (block 17) refer to categories of waste listed in Annex I and II of the Basel Convention. These codes, as well as more detailed information can be found in an instruction manual available from the Secretariat of the Basel Convention. 26. SPECIFIC CONDITIONS ON CONSENTING TO THE MOVEMENT Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 60 Form No. 7 MOVEMENT DOCUMENT Made under regulation 38(1), 43, 45 and 48) 1 i) Exporter (name, address) 3 Correspo nding to 4 . Serial number Notificati on: of shipment Movement subject of (1) single notification Contact person: Tel: general notification Fax/Te lex: 8. Disposal (name, address) 1 ii) Waste generator (name, address) (1) Contact person: Tel: Contact person: Tel: Fax/T elex: Fax/Tel ex: Actual site of disposal: Site of generation: 2 . Importer (name, address) 9 . Method(s) of disposal: D code / R code (3): Technology Employed *: Contact person: Tel: Fax/Te lex: *(Attach details if necessary) 5 . 1st Carrier (name, address): 6 . 2nd Carrier (name, address) (4): 7. Last carrier (name, address): Registra tion No: Registrati on No: Registrat ion No: T el: Fax/ Telex : Tel : Fax/ Tele x: Te l: Fax/ Telex : 1 0 . Identity of means of transport (3) 1 1 . Identity of means of transport (3) 1 2. Identity of means of transport (3) Date of transfer: Date of transfer: Date of transfer: Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 61 Signature of Carrier’s Representative Signature of Carrier’s Representative Signature of Carrier’s Representative 1 3 . Designation and chemical composition of the waste 14. Physical characteristics (3) 17. Actual quanti ty 1 8. Packages (2) 1 5 . Waste identification code kg Type: in country of export: IWIC: litre s Number: in country of import: EWC: 19. UN Classification Customs code (H.S.): Other (specify): UN Shipping Name: 1 6 . OECD Classification(1) UN Identification: amber red UN class (3): other and number H Number (3): Y Number: 20. Special handling instructions (including in 2 2. Exporter’s declaration: case of accidents) I certify that the information in blocks 1 to 9 and 13 to 21 above is complete and correct to the best of my knowledge. I also certify that legally-enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are in force covering the transboundary movement, and that all necessary authorizations have been received from the competent authorities of the States concerned. 21. Actual date of shipment Name Signature: Date: TO BE COMPLETED BY IMPORTER/DISPOSER 23. Shipment received by Importer on (if not Disposer): 25. I certify that the disposal/recovery of the waste Quantity received: kg/litres accepted described above has been completed. Date: Rejected (5) Name: Signature: Date: 24 Shipment received at Disposer on: Name: Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 63 D1 2 Permanent Storage, (e.g., emplacement in containers in a mine, etc.) D1 3 Blending or mixing prior to submission to any of the operations numbered H NUMBER AND UN CLASS (Block 19) D1 to D12 UN Class/ H Numbe r D1 4 Repackaging prior to submission to any of the operations number D1 to D12. 1 H1 Explosive D1 5 Storage pending any of the operations D1 to D12. 3 H3 Inflammable liquids 4.1 H4.1 Inflammable solids PACKAGING TYPES (Block 18) MODES OF TRANSPORT (Blocks 10 – 12) 4.2 H4.2 Substances or wastes liable to spontaneous combustion 1 Drum 6 Composite Packaging R = Road 4.3 H4.3 Substances or waste which, in contact with 2 Wooden Barrel 7 Pressure receptacle T = Train/Rail water, emit inflammable gases 3 Jerrican 8 Bulk S = Sea 5.1 H5.1 Oxidizing 4 Box 9 Other (Specify) A = Air 5.2 H5.2 Organic peroxides 5 Bag W = Inland Waterways 6.1 H6.1 Poisonous (acute) PHYSICAL CHARACTERISTICS (Block 14) 6.2 H6.2 Infectious substances 1 Powdery/powder 5 Liquid 8 H8 Corrosives 2 Solid 6 Gaseous 9 H10 Liberation of toxic gases in contact with air or water 3 Viscous/paste 7 Other (specify) 4 Sludgy 9 H11 Toxic (delayed or chronic) 9 H12 Ecotoxic 9 H13 Capable, after disposal, of yielding another material, e.g. leachate, which possesses any of the characteristics listed above. FOR USE BY CUSTOMS OFFICERS 2 6. COUNTRY OF EXPORT/DISPATCH OR CUSTOMS OFFICE OF EXIT 2 8. STAMPS OF CUSTOM OFFICES OF TRANSIT COUNTRIES Name of Country (2): Name of Country (2): The waste described overleaf has left the country on: Entry Departure Entry Departure Stamp: Signat ure: Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 64 27. 1. COUNTRY OF IMPORT/DESTINATION Name of Country (2): Name of Country (2): The waste described overleaf has entered the country on: Entry Departure Entry Departure Stamp: Signature: Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 65 Form No. 8 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 PERMIT FOR EXPORT OF E-WASTE (Made under regulation 39) Permit No...................……. This is to certify that ………………..................................……of P. O. Box………....……………… has been granted a permit to export...................................................................…….(type of e-waste) to..........................................................(name of the country of import) with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific export transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent export transaction. Terms and conditions for this permit are set out overleaf. Name…………………………. Signature……………………… Date…………………………… Minister responsible for Environment Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 66 Form No. 9 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 PERMIT FOR IMPORT OF E-WASTE (Made under regulation 43) Permit No…................……. This is to certify that …………………...............................……of P. O. Box………….……………… has been granted a permit to import…................................................................…….(type of e-waste) to Mainland Tanzania with a quantity or volume of …........................................( ones or litres). This permit shall relate to the specific import transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent import transaction. Terms and conditions for this permit are set out overleaf. Name…………………………. Date……………………… Signature……………….. Minister responsible for Environment Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 67 Form No. 10 THE UNITED REPUBLIC OF TANZANIA VICE PRESIDENT’S OFFICE THE ENVIRONMENTAL MANAGEMENT (CONTROL AND MANAGEMENT OF ELECTRICAL AND ELECTRONIC EQUIPMENT WASTE) REGULATIONS, 2021 PERMIT FOR TRANSIT OF E-WASTE (Made under regulation 46) Permit No...................……. This is to certify that ………………..................................……of P. O. Box………....……………… has been granted a permit to transit...................................................................…….(type of e-waste) through Mainland Tanzania at.....................................(entry point) and....................................... (exit point) with a quantity or volume of ...........................................(tonnes or litres). This permit shall relate to the specific transit transaction and intended schedule of shipment declared in the Movement Document, unless revoked or suspended. The permit shall not be valid for any subsequent transit transaction. Terms and conditions for this permit are set out overleaf. Name…………………………. Date……………………… Signature……………….. Minister responsible for Environment Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 68 Form No. 11 FORM OF RECORDS (Made under regulation 60) Type of activity:.......................................................................................................... Date Type of e-waste Source of e-waste Amount of e-waste Environmental Management (Control and Management of Electrical and Electronic Equipment Waste) GN. NO. 388 (Contd.) 69 Form No. 12 FORMAT OF THE BI-ANNUAL REPORT (Made under regulation 66) 1. Introduction  This Chapter shall provide general profile of the business or company including location, main activities, employees, annual turnover, and permits and licenses. 2. E-waste management  This Chapter shall describe the type and amount of E-waste being handled, source and recipient of waste.  It may also indicate trend in amount of E-waste handled over the past years since the operation of the business or company. 3. Challenges  This Chapter shall highlight challenges being encountered in the permitted activity. 4. Comments or Recommendations, if any 5. Attachments  The permit holder shall attach the following documents: (a) business licence; (b) certificate of incorporation and Memorandum and Articles of Association, in case of a company; (c) Tax clearance form; (d) relevant contract agreements; (e) relevant permit(s) from other Authorities; (f) Emergency Response Plan; (g) Tracking Document; (h) Form of records. Dodoma, SELEMANI SAIDI JAFO 7th May, 2021 Minister of State, Vice President’s Office (Union Affairs and Environment)