Basel Action Network (BAN)
Transcript of Basel Action Network (BAN)
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
Sarah Westervelte-Stewardship Policy Director
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