Legal Framework for Exporting e-Waste

and e-Stewards Certification

Sarah Westervelte-Stewardship Policy Director

Basel Action Network (BAN)

WEEE International Seminar

Feb 24, 2011

Recife, Brazil

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Agenda

What is the Basel Action Network?

Why is e-waste a problem?

What are the international laws that pertain to trade in e-waste & are applicable in Brazil?

Why & how did a non-profit start the e-Stewards Certification program?

e-Stewards Certification Basics

Results so far

Application of e-Stewards in Brazil

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Basel Action Network

• Non-profit public interest group

located in NW corner of US

• Work based on UN hazardous

waste treaty called Basel Convention

•BAN works on 2 primary waste

streams: e-waste and obsolete ships

www.ban.org3

BAN Mission

To prevent the globalization of the environ-mental health crisis:

● Promote a Toxics-Free Future -- through green

design and minimizing consumption

● Promoting the Principles of Global

Environmental Justice – Everybody has a right

to a pollution-free environment

● Prevent Toxic Trade – The externalization of

risk and costs to developing countries

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Why is e-Waste a Problem?

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Why is e-Waste a Problem?

• HUGE volumes of unwanted devices, globally

• Contains many different materials and toxins:

complex hazardous waste

• Difficult to take apart or shred safely

• Not enough value in components to pay for globally

responsible recycling

• Manufacturers have $ incentive to get us to buy

new (toxic) products often, not redesign for non-toxic

• Poor regulations covering this waste stream

• Export of toxic waste most profitable solution, in

violation of environmental justice and int’l laws 6

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National Geographic8

318provider_idisplay_m

• Toxic MetalsLead, Cadmium, Mercury, Beryllium, Selenium,

Lithium, Antinomy, Arsenic

• Brominated Flame RetardantsTBBPA (tetrabromo-bisphenol-A)

PBDE (polybrominated diphenyl ether)

• Other Halogenated HydrocarbonsPVC (polyvinyl chloride)

CFCs (chloroflourocarbons)

• Rare Earth ElementsYttrium, Europium, Americium

Hazardous e-Waste

Substances

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• Burning e-waste creates new

toxins:

•Halogenated dioxins & furans

•Polycyclic aromatic hydrocarbons

• Shredding e-waste creates toxic

dust

• Dismantling creates hazards &

erogonomic problems

Hazardous Processes

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On health, ecology and environment:

Cancer

Reproductive impairment

Developmental & immune system disorders

Endocrine disruption

Threat of lowered reproductive success

Loss of biological diversity

Long Term Adverse Effects

Crossed bill bird

Photo by WWF Canada,1998

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What are the International Laws Pertaining to e-Waste Exports?

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What are the International Laws Pertaining to e-Waste Exports?

United Nation’s Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

www.basel.int

Industrialized nations exporting hazardous waste to developing countries

Adopted in 1989 by nations as result of hazardous waste dumping scandals

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Basel Convention

Went into legal force 1992 14

Ratifications of Basel Convention (BC)

175 (most) nations have ratified BC

All South American, European and African countries have ratified the BC

Brazil has ratified the BC

USA is the only developed country not to ratify the Basel Convention

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Basel Convention Definitions of Hazardous Waste (electronics)

Basel Hazardous Waste Definitions

(interpreted by each nation)

• Cathode Ray Tubes (CRTs) & CRT glass• Circuit Boards (in any form)• Any waste item containing a circuit

board or a CRT• Any waste item containing mercury,

PCBs, cadmium, beryllium exhibiting hazardous characteristics

• Any equipment going for repair/refurbthat involves the discard or recycling of a hazardous part (above)

•Interpreted by each Basel Party, set of annexes

•Covers toxic materials destined for both recycling and

disposal, in any form

• Generally includes (whole or in part):

•Cathode Ray Tubes & CRT glass & phosphors

•Circuit boards

•Most batteries

•Items containing mercury, beryllium, cadmium,

PCBs, arsenic, etc.

•Any equipment going for repair/refurbishment that

involves the discard/recycling of a hazardous part 16

Basel Convention (BC) Basics

Nations should not create hazardous waste in the 1st place

Nations should be self-sufficient in managing own hazardous waste, and not export it, if possible

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Basel Convention (BC) Basics

Original purpose of BC was to stop rich countries from dumping toxic waste on developing nations, but US stopped the BC from doing this

Instead, BC says if exporting:

Total ban on haz waste exports to Antarctica

BC allows trade between all BC nations with “Prior Informed Consent” (government-to-government notification and consent)

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Amendment to BC

After BC was not allowed to stop waste trade from developed to developing countries, an amendment to BC was passed by consensus vote

Still separate from BC (not in legal force yet, globally)

Currently, 65 nations have ratified Ban Amendment

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Prohibits the export of hazardous waste (for recycling or disposal) from developed to developing countries.

Basel Ban Amendment(Decision Passed in 1995)

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Parties may not trade in hazardous waste with non-Parties

It is illegal for countries that have ratified BC (such as Brazil) to import or export BC hazardous waste with countries that have not ratified BC (such as the USA, Haiti, Afghanistan)

(Article 4, Paragraph 5 of BC)

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BC: What’s legal for Brazil?

175 BASEL PARTIESCan legally trade in hazardous waste with other BC Parties if using PIC &

ESM facilities

Brazil

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African

countries

Non-Basel Parties:

USA, Afghanistan,

Haiti, etc.

South American,

LAC countries

All other BC

countries

In addition to their Basel Convention obligations, some nations have national import bans, which must be respected

http://www.basel.int/natreporting/questables/frsetmain.html

Brazil: Forbids imports of haz mats for final disposal but allows some limited wastes for importation for recycling

Other Pertinent Laws…

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Chinese Domestic e-Waste Import

Bans

February 2000 August 2002

computers, monitors, CRTs Fax machines, teleprinters

copiers Video tape recorders, players

microwave ovens Electronic integrated circuits

air conditioners Circuit boards

Video cameras Data processing machines

Electric cookers Input, output devices

telephones X-ray apparatus

Video games Printers, incl. laser and inkjet

TVs and picture tubes Video recorders and players

refrigerators Mobile communication devices

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How & Why Did an Environmental Group (BAN) Create a Recycler Certification Program?

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Film – “Exporting Harm

High-Tech Trashing of Asia”

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Guiyu, China 2001 27

Film – “The Digital Dump:

Exporting Re-use and Abuse to Africa”

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Jim add series of new picsLagos, Nigeria 2005

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Accra, Ghana 2007

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Guiyu, China 2008

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Why e-Stewards Certification?

Export: Still #1 issue

The illegal trafficking in hazardous waste still biggest industry and regulatory failure

Results in:

Significant risk to customers, recyclers, manufacturers

Violation of laws in other countries

Data insecurity

Profound environmental harm

Long term impacts on human health

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Why e-Stewards Certification?

Also:

Lack of Due Diligence for downstream

Occupational exposure, health & safety issues even in the USA

Solid Waste facilities used to landfill & incinerate hazardous wastes

Use of prisoners to manage problematic hazardous waste and sensitive data

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Why e-Stewards Certification?

Export of untested or non-working equipment for “refurbishment” or “reuse” – major loophole

Lack of transparency of manufacturer recycling –“take back” to where?

Private data distributed all over the world

Corporate customers now increasingly know the problems, and have improved policies, but don’t have tools to ensure compliance

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Why e-Stewards Certification?

Therefore, a clear need for:

A mainstream, accredited, independently audited certification program ---

--- assuring conformance to a practical & rigorous standard, consistent with international law

--- created and protected by environmental community with industry leaders

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How Did We Create Certification Program?

Received funding from leaders in recycling industry, after a government-led multi-stakeholder process resulted in a low standard

Hired a certification expert

BAN already had expertise in international laws, standards, e-waste, recycling industry

Drafted standard with experts, chose accreditation body, defined rules for certification bodies

Ran a 9 month pilot program

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How Did We Create Certification Program?

Formally launched e-Stewards program April 2011

Announced:

first certified recyclers

first accredited certification bodies

first Enterprises (customers that commit to making best efforts to using only e-Stewards recyclers)

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e-Steward Certification Basics

BAN chose to pursue a mainstream certification program with these characteristics:

Rigorous, practical standard written for international use

Fully incorporates ISO 14001 (EMS) as a framework

Adds industry-specific performance requirements to the ISO standard

International recognition of accreditation bodies (IAF)

Independent (3rd party) certification

All auditors professionally trained and qualified to audit to e-Stewards Standard

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Governance and Fees

BAN [a non-profit charity] is oversight body

e-Stewards Leadership Council provides BAN with recommendations

Certification fees paid by recycler to certification body directly

License/program fee paid by recycler to BAN; charges based on sliding scale (fee pays for administration and promotion of program)

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The e-Steward Standard

Publicly available at:www.e-stewards.org

Cost: $125 for official standard

(because of licensed ISO content)

Free version without ISO

language available

(not suitable for use in certification)

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Scope of Certification

Covers electronics recyclers, refurbishers, asset managers, processors and refiners

Currently available only in OECD/EU countries

Not currently eligible to become certified: collectors, brokers, and transportation companies

One audit results in ISO 14001 + e-Stewards certification

Multi-site e-Stewards

All sites must be covered by the ISO environmental management system and must be certified

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Distinguishing Features of Standard

The certified EMS must include health & safety

More rigorous H&S requirements for those using Potentially Hazardous Processing Technologies

Semi-annual air testing of high hazard areas:

Must test for specific toxins if breaking CRTs, removing mercury-containing devices, using shredders or thermal processes, or using solvents or acids

Annually upload air test results to a central (secure) database

…in order to revise e-Stewards Standard in future based on real data of actual exposures in this industry

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Distinguishing Features of Standard

Exports of Hazardous Electronic Wastes consistent with international laws: Basel and OECD Decisions

Reuse & refurbishment: tested, working, labeled, packaged

No prison recycling

Accountability for toxic materials throughout recycling chain to final disposition

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Distinguishing Features of Standard

Data security: Must have explicit agreements with customers for level of service & indemnification, and meet NIST 800-88 Guidelines + address hard drive imperfections if offering data security

Mercury, CRTs, batteries, toner and ink cartridges, radioactive materials may not be shredded

Hazardous e-Waste must NOT enter solid waste landfills or incinerators throughout recycling chain

Definitions consistent with international law

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Guidance Document

Appendix A

Living document on website for easy updating

Can be tailored for various countries

Guidance Document compiled with the input of industry, including industry “best practices”

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Maintenance and Update of Standard

BAN is responsible for the maintenance and update of the e-Stewards Standard

To protect integrity of the high standard

Able to update as needed:

Provides ‘sanctioned interpretation’ in between formal updates of standard

Will balance need for amendments with industry need for consistent expectations

Standard currently under revision

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International Applicability

Export requirements applicable in all nations

References existing global standards, not one country’s laws (e.g. SA 8000)

Baseline H&S requirements spelled out for all countries

International accreditation (Int’l Accreditation Forum)

Certifying bodies can have multi-national coverage

Licensed use of ISO 14001 standard in all countries

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Results of e-Stewards Certification Program 10 months After Launch

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Current Results of e-Stewards Program

18 certified locations

62 locations have contracted with certification bodies to become certified

Certifications complete or underway in 4 countries

3 accredited certification bodies

24 e-Stewards Enterprises

Collection program being developed in order to send e-waste to certified e-Stewards

Some USA states now including e-Stewards in requirements for recyclers 49

Application of e-Stewards Certification Program in Brazil

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Can e-Stewards Certification Come to Brazil?

BAN intends to develop a pilot program for e-Stewards Certification in developing countries in next year or two

Possible for Brazil to be part of that pilot

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Asus Bamboo Laptop Computer

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“A desktop computer that addresses sustainability during manufacturing, usage and disposal”

www.recomputepc.com

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Basel Action Network (BAN)www.e-Stewards.org

inform@ban.org

Sarah Westervelte-Stewardship Policy Director

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