On September 18, 2024, the Nicaraguan Mandatory Technical Standard “NTON 05002: 2022 Environmental Management, Waste of Electrical and Electronic Equipment, Waste Generators and Managers” will come into effect. This standard aims to establish technical provisions and specifications to protect the environment by preventing and reducing the environmental impacts associated with the generation and management of Waste Electrical and Electronic Equipment (WEEE).
In terms of application and regulation, NTON 05002 defines Electrical and Electronic Equipment (EEE) as all equipment that requires electric current or electromagnetic fields to function properly. Among other requirements, it mandates that all importers, distributors, and marketers of EEE must submit an annual report to MARENA by January 31, detailing the previous year’s imports. This report must include the year of manufacture, country of origin, and classification of equipment categories as outlined in the various annexes accompanying the standard.
This scope of application will affect numerous entities due to their activities and operations involving such products, making it crucial for them to conduct an internal review of the regulations within NTON 05002. This review should cover aspects such as defining WEEE generators, classification, labeling, handling of WEEE/EEE, and compliance with relevant requirements, among others.
For the purposes of this mandatory standard, the national competent authority is the Ministry of Environment and Natural Resources (MARENA). Additionally, the standard establishes that importers, marketers, and distributors of EEE must develop environmental programs in accordance with Decree 20-2017 “Environmental Assessment System of Permits and Authorizations for the Sustainable Use of Natural Resources.” These programs should address the generation and final disposal of WEEE as part of corporate social responsibility. The programs should include collection centers and warehouses, which may be owned or leased by the generator, manager, or administrator of the waste. All WEEE must be separated and classified according to the categories established in the annexes for delivery to other waste managers or for export.
Furthermore, NTON 05002 requires that, for the environmentally safe handling of electrical and electronic equipment introduced into the country, importers must ensure, as much as possible, that imported EEE is labeled in accordance with the relevant annex. For example, it is indicated that the product should not be disposed of as unclassified waste but should be transferred to collection centers for recovery and recycling.
While this article has touched on certain general aspects regulated by NTON 05002, the standard has extensive implications. It is recommended to carefully review the standard and consult with the appropriate authorities if there are any doubts or clarifications needed. It is also important to note that any violations or non-compliance with this standard will be sanctioned in accordance with Law 217, the General Law of the Environment and Natural Resources. Penalties will be determined based on the severity of the consequences and recurrence, ranging from 1,000 córdobas to 100 million córdobas, depending on the economic capacity and damage caused.
It is worth mentioning that there may still be ongoing processes for the approval of other complementary regulatory instruments for WEEE management, which could result in additional regulations that supplement NTON 05002.
For all the reasons mentioned above, we urge all entities that may be subject to this mandatory standard to thoroughly review it. The standard, along with its annexes, was published in La Gaceta No. 63 on April 11, 2024.