The Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) Regulations, 2020

Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) GOVERNMENT NOTICE No. 919 Published On. 23/10/2020 THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT, (CAP. 306) ________ REGULATIONS __________ (Made under section 165) ________ THE ELECTRONIC AND POSTAL COMMUNICATIONS (ELECTRONIC COMMUNICATIONS EQUIPMENT STANDARDS AND E-WASTE MANAGEMENT) REGULATIONS, 2020 ARRANGEMENT OF REGULATIONS Regulation Title PART I PRELIMINARY PROVISIONS 1. Citation. 2. Application. 3. Interpretation. PART II ELECTRONIC COMMUNICATIONS EQUIPMENT STANDARDISATION 4. Responsibility of Authority. 5. Requirements for Equipment Standardisation. PART III PROCEDURES OF TYPE APPROVAL OF ELECTRONIC COMMUNICATIONS EQUIPMENT 6. Manufacturer’s Declaration of Conformity. 7. Authority’s Type Approval Certification process. 8. Technical evaluation. 1 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) 9. Field tested equipment. 10. Type approval certification. 11. Connection of type approved terminals to public electronic communications network. 12. Display of label for type approved terminal. 13. Withdrawal of approval of equipment. 14. 15. Test for compliance. 16. List of approved communications equipment. Installation of approved equipment. PART IV E-WASTE MANAGEMENT 17. Obligation of manufacturer and importer 18. Obligation of collector and transporter. 19. Obligation of dismantler and refurbisher. 20. Obligation of recycler. 21. Obligation of producer. 22. Obligation of bulk consumer. 23. Obligation of Authority. PART V GENERAL PROVISIONS 24. Type approval fees. 25. Action by Authority. 26. Quality of services. 27. Non-discrimination treatment. 28. Warranty. 29. Penalty. 30. Compounding of offences. 31. Revocation. 2 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) THE ELECTRONIC AND POSTAL COMMUNICATIONS ACT, (CAP. 306) _______ REGULATIONS ________ (Made under section 165) ________ THE ELECTRONIC AND POSTAL COMMUNICATIONS (ELECTRONIC COMMUNICATIONS EQUIPMENT STANDARDS AND E-WASTE MANAGEMENT) REGULATIONS, 2020 Citation Application PART I PRELIMINARY PROVISIONS 1. These Regulations may be cited as the Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) Regulations, 2020. 2. These Regulations shall apply to electronic communications equipment imported or manufactured for use in the United Republic for connection to any electronic communications network for the purpose of receiving or transmitting electronic communication signals. Interpretation 3. In these Regulations, unless the context Cap.306 Cap.172 otherwise requires- “Act” means the Electronic and Postal Communications Act ; “Authority” means the Tanzania Communications Regulatory Authority which is also known by its acronym as “TCRA” established under the Tanzania Regulatory Communications Authority Act; “bulk consumer” means the bulk user of electronic communication equipment including public and private or corporate bodies; 3 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) “customer” means end user of communications services through electronic communication conveyed equipment; “CPE” is an acronym for the word “Customer Premises Equipment “disposal” means any operation which does not lead to recycling, recovery or re-use and includes treatment, physic-chemical incineration and deposition in secured landfill or facility; biological or “iDTV” it is an acronym for the words “integrated Digital Television” “eco levy” means fees charged in advance to all electronic communication equipment to take care of the disposal of associated equipment after reaching its end life; “electronic communications equipment or equipment” means any communications equipment, whether network or terminal intended for use with communications and broadcasting services; “e-waste” means waste from electronic resulted communication equipment inclusive of all components, sub-assemblies and consumables which are part of the product at the time of discarding; “external service provider” means an entity that is or has been engaged to carry out pre-inspection of electronic communication equipment to be imported into the United Republic and to collect the advance eco-levy from manufacturers or communication electronic importers equipment; of “facility” means any location wherein the process incidental to the collection, reception, storage, dismantling, refurbishing, segregation, recycling, treatment and disposal of e-waste are carried out; “importer” means any person who arranges for electronic communication equipment or e-waste to be imported into the United Republic or who- 4 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) (a) produces and offers to sell electronic communication equipment under his own brand; (b) offers to sell under his own brand, assembled communication equipment produced by other manufacturers or suppliers; or electronic (c) offers sell imported electrical and electronic equipment; “list” means the list of electronic communications equipment as updated from time to time by the Authority; approved “Manual Type Approval” means a process whereby type approval certification is done through paper work; “MDC” is an acronym for the words “Manufacturer’s Declaration of Conformity”; “network means intermediate facilitate equipment communications connection or delivery of communications signals between networks; equipment” that “Online Type Approval” means a process whereby type approval certification is done through web based electronic application available as worldwide web; “producer” means any person or entity who introduces introduced new or used or causes electronic communication equipment into the market by sale, donation, gifts, inheritance or by any such related methods; to be “recycling" means any operation by which waste materials into products, reprocessed materials or substances whether for the original or other purposes; are “refurbisher” means an individual or entity authorized to renovate or process e-waste for re-use; “STB” is an acronym of the words Set Top Boxes; “terminal equipment” means equipment at either end of a communications link or where communications signal is terminated or -CPE; and 5 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) “type approval” means a method of checking for compatibility of all electronic communications equipment with any operating electronic communication network as well as conformity to standards. PART II COMMUNICATION EQUIPMENT STANDARDISATION Responsibility of Authority Requirements for Equipment Standardisation 4.-(1) The Authority shall be responsible for formulating technical standards relating to all regulated services in the United Republic. (2) The Authority shall maintain database of all communications equipment authorised for use in the United Republic. (3) Subject to applicable procedures and fees, the Authority shall, at the request of equipment manufacturers or equipment suppliers or users, conduct type approval tests through its laboratory or any other relevant facility or means and issue type approval certificates in respect of communications equipment intended for use in the United Republic. (4) The Authority shall, in conducting type approval certification of electronic communications equipment, be guided by either technical standards formulated and published by the Authority under these international Regulations or adopted standards. regional or 5.-(1) Electronic communications equipment intended for sale in the United Republic shall be required to undergo to certification and type approval by the Authority. (2) For the purpose of conformity to standards, all communications equipment to be connected to electronic communications networks in the United Republic shall undergo type approval certification. (3) Pursuant to subregulation (2), the following equipment shall require type approval before sale, distribution or installation in the United Republic- (a) electronic communications equipment to 6 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) be used for connection or access to the public operating electronic communication networks; (b) wireless communications equipment; and (c) Set-Top- Boxes used to receive digital television signals. (4) The Authority shall, from time to time, issue a list of type approved electronic communications equipment technical standards and applicable type approval fees. together with PART III PROCEDURES FOR TYPE APPROVAL OF ELECTRONIC COMMUNICATIONS EQUIPMENT Manufacturer’s declaration of conformity (MDC) 6.-(1) A manufacturer of equipment shall be required to declare that the communications equipment manufactured conform to International or national standards before being imported for use in the United Republic. (2) A manufacturer who hosts any database related to any communications equipment in use within the United Republic shall be required to declare that such hosted information is retrievable for Authority’s access whenever necessary. Authority’s type approval certification processes 7.-(1) The Authority may use several means of certification of communications equipment, including manual or online type approval certification. (2) An applicant shall, under manual type approval certification process,- (a) make sure that before applying for type approval, search for the model of the equipment to be type approved on the list of type approved equipment and confirm whether or not the same has been approved; (b) collect type approval application form from the Authority; (c) fill the form and return the same to the Authority with the following documents- (i) User’s manual; 7 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) (ii) (iii) (iv) (v) (vi) and data operational manual; technical document consisting of a general description of equipment, facilities technical supported; sales brochures; photographs of equipment (colour photographs, capturing front, rear, and side views); test reports/results, certificates, any, from accredited body; if (vii) manufacturers declaration of (viii) conformity; and any other documents the applicant considers useful to the Authority. that (3) The Authority may deploy an online type approval when handling type approval application and in that case, an applicant shall- (a) make sure before applying for type approval, search for the model of the equipment to be type approved in the system and confirm whether or not the same has been approved; (b) register an account in the online type approval; (c) fills in the online application form, attach the necessary documents and submits application; (d) be informed of the application status upon successful submission of the application, through email, including sending of invoices and certificates upon approval. Technical evaluation and disposal 8.-(1) The technical evaluation of equipment international and national shall comply with standards and be carried out by examination of documents and laboratory testing of equipment sample, where applicable. the (2) The samples of equipment submitted for testing shall be– 8 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) in a good working condition; (a) (b) properly configured testing and complete with the necessary test adapters; and for (c) clearly marked with trade name, model and serial number. (3) The applicant shall provide technical details or clarifications promptly as may be required by the Authority. (4) Pursuant to the provision of subregulation (3), the application shall be rejected where the applicant fails to respond within three months and the applicant shall be so informed in writing. (5) The applicant shall, within 60 days after testing, be required to collect any sample of equipment submitted, and the Authority shall not be obliged to return to the applicant any sample of equipment and associated documentation submitted for the purpose of type approval. (6) Where any sample of equipment submitted to the Authority for testing is not collected after twelve months from the date of submission, it shall be subject to disposal. 9.-(1) The field tests shall be conducted for the that electronic satisfactorily purpose of providing confidence communications equipment perform during normal operation. (2) Where requested, field tests shall apply to new electronic communications equipment. (3) A field testing of an equipment shall take a maximum of three months. Field tested equipment Type approval certification 10.-(1) The Authority shall issue a type approval certificate to the successful applicant for a specific 9 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) model of equipment. (2) The approved equipment shall not be modified in any way without the approval and re- evaluation by the Authority. (3) The type approval granted under these Regulations shall not be construed as a guarantee by the Authority of the proper functioning, performance or quality of the equipment. (4) The supplier, importer or distributor shall be duty-bound to ensure that the approved equipment inter-works properly with the public electronic communication network. (5) The Authority shall not be liable for any interference caused to any other equipment, injury, or loss of life, or damage to property, arising as a direct or indirect result of the use of any approved equipment. (6) In case of any doubt relating to the interpretation of type approval specification, the method of carrying out the test or the validity of the statements made by the manufacturers of the equipment, the decision of the Authority shall be final. (7) Any approval or refusal by the Authority shall be made within two months from the date of application of such approval being made and where no approval is made within such time, it shall be deemed to have been so made; except where the equipment is under field test. Connection of type approved equipment to public electronic communications network shall, 11.-(1) The supplier, importer, distributor or seller electronic selling communication equipment, ensures that the equipment meets the standards and specifications set out or adopted by the Authority. before any (2) Subject to subregulation (1), all traded single universal STB or iDTV shall meet the standards and specifications set out or adopted by the Authority. (3) Subject to subregulations (1) and (2), the network and multiplex operators shall have no right to refuse the connections of type approved equipment. Display of label 12. Every supplier, importer, distributor or seller 10 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) for type approved equipment Withdrawal of approval of equipment Installation of approved equipment shall, where applicable, ensure that an equipment offered for sale or for private use is clearly affixed with the type approval label containing the following- the logo of the Authority; the type of the equipment; and the alphanumeric identifications. (a) (b) (c) 13. The Authority shall withdraw approval of any communications equipment where it interferes with or pose any malfunction that degrades the efficiency of any electronic communication service. 14. The approved equipment shall be installed by a holder of electronic equipment installation and maintenance license or where the installation is done by any other person; such installation shall be certified by such holder of electronic communications equipment installation and maintenance license. Test for compliance 15. Measurements and tests for compliance shall be performed at the Authority’s laboratory or by an agent designated for that purpose by the Authority. List of approved communications equipment list 16. A electronic communications equipment shall be published in the Authority’s periodical publications, website and local news papers. approved of PART 1V E-WASTE MANAGEMENT Obligation of manufacturers and importers 17.-(1) A manufacturer and importer of electronic communication equipment shall- (a) pay an eco-levy fee in respect of handling of electronic life of the communication equipment as specified in the Schedule to these Regulations; end of the (b) ensure that, the collection of e-waste generated during manufacturing or from the end of life of the electronic communication equipment comply with the principle of 11 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) extended producer responsibility; (c) ensure that e-wastes are channeled to licensed dismantlers or recyclers; and (d) register to the Authority the particulars of electronic equipment communication imported to or manufactured within the United Republic. Obligation of recyler and refurbisher 18. Any refurbisher of e-waste shall- (a) ensure that the facility and dismantling the in accordance with processes are national standards; (b) ensure that are dismantled segregated and sent to the recycling facilities for recovery of materials; e-waste (c) ensure that non-recoverable components are sent to the authorized treatment storage and disposal facilities; (d) maintain and keep records of dismantled and communication refurbished elecronic equipment and make such records available to the Authority when required; and (e) ensure that the refurbished equipment meet the minimum standards for type approval. Obligation of producers 19. A producer of electronic communication equipment shall- (a) provide information to a recycler on how to dismantle their equipment at the end of life and the location of any hazardous substances or items within the product; (b) create awareness on sound management of e-waste through publications, posters, take back campaign or any other means of communication; and (c) provide contact details such as address, telephone number of licensed collection centers to consumers so as to facilitate return of used electronic communication equipment. 12 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) Obligation of bulk consumer 20. A bulk communication equipment shall ensure that- consumer of electronic (a) e-wastes are segregated from other forms of wastes and are taken to licensed collection centers; (b) e-wastes are not exchanged; and resold, auctioned or (c) records of e-waste generated are kept and make such records are available to the Authority when required Obligation of Authority 21. The Authority shall- (a) maintain a list of electronic communication equipment to which the eco- levy fee applies and the corresponding rates; (b) designate and engage an external service provider to collect the eco- levy through a competitive process; and (c) have power to inspect the premises of manufacturer or importer of electronic communication equipment to ensure eco levy is paid to all imported or manufactured electronic communication equipment; and (d) register the details of the manufacturer or communication electronic importer of equipment. PART V GENERAL PROVISIONS Type approval fees GN No. 57 of 2011 Action by Authority 22. Equipment type approval application and processing fees shall be as prescribed in the Electronic and Postal Communications (Licensing) Regulations 2018. the Authority 23.-(1) Any action done or omitted to be done by to application and relating implementation of these Regulations may be appealed against in the manner prescribed by the Act. (2) The Authority shall have the mandate to 13 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) audit communications equipment in the market to ensure compliance with the prescribed standards. (3) Where a communications equipment for use in the United Republic has a connection to a hosted database whether within or outside the United Republic, the Authority shall have full access to the hosted information whenever the Authority deems necessary. Quality of Services 24.-(1) A network service provider shall ensure that the prescribed quality of service is not impaired by substandard equipment, whether network or terminal. (2) Any service substandard equipment shall be reported Authority for necessary action. impairment caused by the to Non- discrimination treatment 25. The Authority shall carry out equipment standardization electronic communications equipment for use in the United Republic undergo type approval certification by the Authority. ensure that to Warranty 26.-(1) Electronic communications equipment for use in the United Republic shall be sold with a minimum warranty of twelve (12) months. (2) The warranty referred to under subregulation (1) shall be offered as a separate signed form or as part of sales receipt and shall have clear description of covered services; to replacement or free maintenance during the warranty period. including but not limited Penalty (3) A person who purchases electronic communications equipment shall be required to demand a warranty and a receipt of such instrument from the seller, distributor or importer. importer, distributor or 27.-(1) A vendor, reseller who allows the market electronic in communications equipment which have not been type approved by the Authority, commits an offense and shall, upon conviction be liable to a fine of not less than five million Tanzanian shillings or to imprisonment for 14 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) a term of not less than six months or to both. that (2) A vendor, importer, distributor or reseller of communications equipment sells electronic communications equipment without warranty as described under these Regulations, commits an offense and shall, upon conviction be liable to a fine of not less than to imprisonment of or term of not less than six months or to both. five million Tanzanian shillings or Compounding of offences communications (3) A person who buys a non-type approved electronic equipment without demanding a warranty and a receipt from the seller, distributor, importer of such equipment, commits an offense and shall, upon conviction, be liable to a fine not exceeding five million Tanzanian shillings or to imprisonment for a term of not less than six months or to both. (4) A manufacturer or importer who allows in the market electronic communication equipment without paying eco-levy fee, commits an offence, and shall, upon conviction be liable to a fine of five times the eco fee of such equipment. 28. Notwithstanding the provisions of these Regulations relating to penalties, where a person admits in writing that he has committed an offence under these the Director General or a person Regulations, authorized by him in writing may, at any time prior to the commencement of the proceedings before a court of competent jurisdiction, compound such offence and order such person to pay a sum of money not exceeding the amount of the fine to which such person would otherwise have been liable to pay if he had been convicted of such offence. (2) Where the person fails to comply with the compounding order issued under this regulation within the prescribed period, the Director General or person authorised by him may, in addition to the sum ordered, require the person to pay an interest as may be determined by the Authority. (3) Where the person fails to comply with 15 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) subregulation (2), the Director General may enforce the compounding order and interest accruing thereof in the same manner as a decree of a court. (4) The Director General shall submit to the Director of Public Prosecutions quarterly reports of all compounded offences under this regulation. Revocation of G.N No.421 of 2011 32. The Electronic and Postal Communications (Electronic Communications Equipment Standards) Regulations, 2018 are hereby revoked. 16 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) ________ SCHEDULE _______ (Made under regulation 18(1)(a)) ______ List of items which eco levy is applicable HS Code Product label 846900 847021 847130 847141 847149 847150 847160 847180 847190 847290 847330 851711 851712 851718 851761 Typewriters and word-processing machines (excl. automatic data-process Electronic calculating machines, incorporating a printing device Portable digital computers <10kg Non-portable digital edp machines w processor & i/o Digital data processing systems Digital processing units not sold as complete systems Computer input/outputs, with/without storage Units of automatic data processing equipment Automatic data processing equipment Office machines Parts & accessories of automatic data processing machines & units thereof Line telephone sets with cordless handsets Telephones for cellular networks mobile telephones or for other wireless Telephone sets (excl. line telephone sets with cordless handsets Base stations of apparatus for the transmission or reception of voice 851762 Machines for the reception, conversion and transmission 851769 or regeneration Apparatus for the transmission or reception of voice, images or other 851810 Microphones and stands therefor 851950 852550 Telephone answering machines Transmission apparatus for radio-broadcasting or television Transmission apparatus for radio-broadcasting or television Television cameras, digital cameras and video camera recorders Radio navigational aid apparatus Pocket-size radio-cassette-players Radio apparatus with sound recording/reproducing Radio broad capable of op w/o an external source of power Radio receivers capable of op w/o ext source of power f motor vehicle Radio receivers capable of op w/o ext source of power for motor vehicle 852560 852580 852691 852712 852713 852719 852721 852729 17 Eco Levy per Unit(USD) 0.65 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 1.50 0.65 1.50 1.50 1.50 1.50 1.50 1.50 0.65 0.65 0.65 0.65 0.65 0.65 1.50 1.50 1.50 1.50 1.50 Electronic and Postal Communications (Electronic Communications Equipment Standards and E-Waste Management) GN. NO. 919 (Contd.) HS Code Product label 852791 852792 852799 852871 852872 852873 854011 854012 854020 903040 Radio-broadcast receivers, for mains operation only, combined with source Radio-broadcast receivers, for mains operation only, not combined with Radio-broadcast receivers, for mains operation only, not combined with Reception apparatus for television, whether or not incorporating radio Reception apparatus for television, colour, whether or not incorporating Reception apparatus for television, black and white or other monochrome Cathode-ray television picture tubes, Including video monitor tubes, colour Cathode-ray TV picture tube including video monitor tube, B&W/oth monochrome Television camera tubes, image converter and other photocathode tubes Instruments & apparatus, specially designed for telecommunications Eco Levy per Unit(USD) 1.50 1.50 1.50 8.50 8.50 8.50 12.00 12.00 12.00 0.65 Dodoma, 8th October, 2020 ISACK A. KAMWELWE Minister of Works, Transport and Communication 18