The leadership of the Concerned Second Hand Dealers Association of Ghana (CSHDAG) has expressed their anger at the Minister of Energy, Dr. Matthew Opoku Prempeh, and the ministry for failing to address their concerns on the new LI 2455, which seeks to collapse their businesses.
According to the Association, the current regulation by the Energy Efficiency Standard and Labeling on Television Sets and Monitors adopted in 2022 is aimed at collapsing their businesses, depriving them of their daily bread, and affecting the economic fortunes of the country.
Based on this, the association, after meeting with various stakeholders and the regulatory body, tabled their concerns and petitioned the minister, the ministry, the Energy Commission, and Parliament to immediately address the issues.
However, months after the petition, the National Chairman of the Association, Mr. Daniel Asare, told the Republic Press that the ministry and the Energy Commission have been silent on the issue.
Mr. Asare said CSHDAG plays an important role in the country’s economy by promoting the reuse and circulation of goods while providing an affordable option to consumers who cannot afford unused products.
“Even though we fully support the government’s effort to enhance energy efficiency standard and promote sustainable practices, certain provisions of LI 2455 present huge challenges to our business which requires immediate attention,” he stated.
Mr. Asare revealed that as much as the government is trying to regulate energy efficiency, its implementation should not push people out of business and deprive them of their daily bread, hence the petition to help the government streamline the system without collapsing our businesses.
“But as it is now, we are saddened with the continuous silence of the ministry, the minister and the various stakeholders to the extend that not even a notice to show or indicate that they have received our petition and will address it,” the National Chairman stated.
When the Republic Press placed a call to the Ministry to find out the outcome of the petition with Code 2961, a female voice who answered the call said the ministry has yet to work on the petition.
Below is the petition
Energy Ministry of Energy
P. O. Box SD40, Stadium Post Office, Accra, Ghana.
Dear Honourable Minister,
PETITION TO ADDRESS CONCERNS WITH PROVISIONS OF THE ENERGY COMMISSION (ENERGY EFFICIENCY STANDARDS AND LABELLING) (TELEVISION SETS AND MONITORS) REGULATIONS, 2022, LI 2455
We, the Concerned Second Hand Dealers Association of Ghana (CSHDAG), write this petition to express our concerns and seek your urgent attention regarding certain provisions of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455 and its counterpart LI’s which affects our operations and which came into force on the 28th day of June, 2022. These provisions have the potential to severely impact the businesses of our association members, jeopardizing their livelihoods and the overall economic contribution of the second-hand industry to the Republic of Ghana.
As the representative body for second-hand dealers in Ghana, CSHDAG plays a crucial role in the country’s economy, promoting the reuse and circulation of goods while providing affordable options to consumers. We fully support the government’s efforts to enhance energy efficiency standards and promote sustainable practices. However, certain provisions within LI 2455 present significant challenges for our members, which we believe require immediate attention and consideration for the sustainability of our businesses.
In our petition, we aim to itemize the specific provisions of Legislative Instrument LI 2455 to represent all other counterpart legislations which are in all fours with our operations that have the potential to negatively impact our members’ businesses. We kindly request your attention to the following points:
Regulation 3: We respectfully highlight our concerns regarding Regulation 3 of LI 2455. While we are committed to meeting the required standards, the variety of brands available in the global market poses a challenge in limiting ourselves to one specific brand. We propose a more flexible approach that considers standardized energy efficiency measures instead of brand-specific requirements. Additionally, we suggest making use of the Energy Efficiency Index (EEI) of each product to provide Regulators and consumers with easy access to comprehensive product information. By adopting these modifications, we can ensure a fair and practical implementation.
Regulation 4: We strongly object to Regulation 4(2) of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455. While we acknowledge the importance of regulating imported television sets and monitors, we have concerns regarding the enforcement provisions outlined in this regulation.
The Energy Commission has
30TH JUNE, 2023
informed us that we can purchase some goods locally and resell them, but determining whether a product was bought internally or not becomes an arbitrary and challenging task. Therefore, we firmly resist the provision granting the enforcement authority the power to arbitrarily detain, seize, destroy, or re-export our products. We request a more transparent and fair approach that ensures compliance without unnecessary and arbitrary enforcement actions.
Regulation 10: Regarding Regulation 10 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, we would like to address our limitations as second-hand dealers in providing the requisite documentation accompanying the products. As we do not directly engage with manufacturers, we are unable to produce the specific technical documentation as mandated by the regulation. However, we strongly urge the regulators to consider alternative means of obtaining such information, such as utilizing online resources and reputable sources available on the internet. By accessing and verifying the necessary details through digital platforms, the Energy Commission can ensure compliance with transparency and ease, considering the practical constraints faced by second-hand dealers in providing the requested documentation.
Regulation 11: We express our concerns regarding Regulation 11 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which pertains to labelling and information requirements. Given that the nature of the goods we deal with involves pre-owned products that are already opened, the star efficiency label required by the regulation may be absent or damaged due to handling. This poses a challenge for us in providing such information.
However, we propose that the Energy Commission consider alternative methods for accessing the required information, as it can be readily available online. By leveraging online resources and verified sources, consumers can access comprehensive product details and energy efficiency information, ensuring transparency while accommodating the practical limitations faced by second-hand dealers in preserving the original labelling.
Regulation 13: We raise a significant concern regarding Regulation 13 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which addresses the application for registration. Our group, as second-hand dealers, does not engage in the manufacturing process nor directly deal with manufacturers. Instead, we source quality products from the global market that are already registered by reputable manufacturers.
Therefore, complying with the regulation’s requirement for registration application is not feasible for our group. We urge the Energy Commission to acknowledge the distinction between manufacturers and second-hand dealers and consider an alternative approach that recognizes our role in providing pre-owned, registered products sourced from the global market.
Regulation 14: We firmly assert that Regulation 14 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455 would not apply to our group due to our objection to Regulation 13. As we vehemently object to the requirement for registration application, it follows that the consideration of such an application under Regulation 14 would not be applicable to us from the outset. We urge the Energy Commission to recognize the unique circumstances of second-hand dealers and review the regulations accordingly to ensure a fair and reasonable framework that aligns with our operations in the market.
Regulation 15: In line with our disagreement with Regulations 13 and 14 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, we also maintain that Regulation 15, which pertains to the grant of application, is not applicable to our group. Since we do not adhere to the registration process outlined in Regulation 13
and are not subject to its consideration as stated in Regulation 14, the grant of application under Regulation 15 does not apply to our operations. We urge the Energy Commission to recognize the unique circumstances of second-hand dealers and revise the regulations accordingly, ensuring a more inclusive framework that accommodates the specific challenges and practices within our industry.
Regulation 16: We reiterate our position regarding Regulation 16 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which outlines the duty of dealers to keep, maintain, and provide technical documentation.
As previously stated in our response to Regulation 10, our business operations as second-hand dealers limit our ability to provide the specific technical documentation required by the regulation. However, we firmly believe that the Energy Efficiency Index (EEI) remains relevant in this context. While we may not be able to provide comprehensive technical documentation, we recommend focusing on the EEI as a key indicator of energy efficiency, which can still be accessible and useful for consumers. We urge the Energy Commission to consider this alternative approach, enabling consumers to make informed decisions while acknowledging the practical constraints faced by second-hand dealers in providing detailed technical documentation.
Regulation 17 and 18: We register our strong objection to Regulations 17 and 18 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, as they align closely with Regulation 16. As previously stated, our business operations as second-hand dealers present limitations in keeping, maintaining, and providing technical documentation, as outlined in these regulations. We assert our displeasure and reiterate that it is not feasible for us to abide by these regulations. We urge the Energy Commission to recognize the unique circumstances of second-hand dealers and reconsider the requirements, taking into account the practical challenges we face while still emphasizing the importance of promoting energy efficiency through alternative means, such as the Energy Efficiency Index (EEI).
Regulation 19: We would like to express our concerns regarding Regulation 19 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which outlines the duty of the supplier to provide information for statistical purposes.
As an association that sources products from the global market, we encounter challenges in providing specific numbers due to the diverse range of products we deal with. It becomes difficult for us to accurately report exact quantities in compliance with this regulation. We kindly request the Energy Commission to consider alternative approaches for collecting statistical data that take into account the unique circumstances faced by second-hand dealers and accommodate the variability of products obtained from the global market.
Regulation 30 and 31: We strongly oppose Regulation 30 and Regulation 31 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which grant the power of inspection and detention or seizure to the enforcement authorities. As previously mentioned in our response to Regulation 4(2), the Energy Commission has advised us to procure and sell goods locally, highlighting our commitment to compliance.
However, these provisions of the regulations pose significant concerns. To ensure transparency and fairness, we propose the establishment of a more inclusive committee that includes members from our association. By involving us in the inspection and enforcement processes, a more holistic approach can be adopted, fostering greater transparency and understanding of the challenges faced by second-hand dealers. We believe that collaboration between the Energy Commission and our association will lead to a more effective and equitable implementation of the regulations.
Regulation 32 and 33: We humbly request We vehemently oppose both Regulation 32 and Regulation 33 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which grant the enforcement authorities the power to test television sets or monitors and establish procedures for market surveillance and verification. While we acknowledge that some of the products we handle may have minor faults at the initial stage of purchase, we take meticulous measures to ensure their repair by highly skilled electricians before offering them for sale.
The likelihood of misjudgment is high if enforcement authorities were to conduct inspections upon arrival, which is why we believe that these regulations are unwarranted in relation to our operations. We urge the Energy Commission to recognize the diligence we exercise in ensuring the quality and safety of the products we sell, and to consider alternative means of addressing market surveillance and verification that take into account the unique circumstances of second-hand dealers.
Regulation 34: We firmly oppose Regulation 34 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which grants the authority to order access to premises for the purpose of inspecting, detaining, or seizing television sets, monitors, or records. Our objection aligns with our earlier argument that the Energy Commission has informed us that we are permitted to engage in local buying and selling of goods. Complying with such a directive becomes challenging for us, considering the nature of our operations. Additionally, it is important to acknowledge that the second-hand goods market extends beyond our association, as other entities also deal in pre-owned products on the global market.
We request that the Energy Commission takes into account these factors and considers a more balanced approach that respects the rights of second-hand dealers while ensuring compliance with energy efficiency standards.
Regulation 36: We extend our objections to Regulation 36 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which outlines the procedure for relabelling detained television sets or monitors. We emphasize the importance of ensuring a fair process and assert that no appliances should be tested without the dealer’s presence.
It is crucial that dealers are adequately informed and given the opportunity to participate in the testing process to ensure transparency and fairness. By involving dealers in the testing and relabelling procedures, a more balanced and equitable approach can be achieved, safeguarding the rights and interests of all parties involved. We urge the Energy Commission to consider this recommendation in order to foster a more collaborative and just process in line with the principles of fairness and transparency.
Regulation 38: We strongly challenge Regulation 38 of the Energy Commission (Energy Efficiency Standards and Labelling) (Television Sets and Monitors) Regulations, 2022, LI 2455, which outlines the procedure for the seizure of television sets or monitors.
In order to foster better understanding and ensure a fair adjudication process, we advocate for the inclusion of members from our dealership in the panel responsible for adjudicating such matters. By involving representatives from the dealership, the regulatory body can gain valuable insights into the unique challenges faced by second-hand dealers and work towards a more comprehensive and balanced approach. We believe that this collaborative approach will promote understanding and result in a fairer and more effective resolution of seizure-related issues.
In conclusion, we humbly plead with you to:
1. Conduct a comprehensive impact assessment to evaluate the potential effects of the aforementioned provisions on the second-hand dealers’ businesses and the overall economy.
2. Engage in meaningful consultation with CSHDAG and other stakeholders from the second- hand industry to gather insights and explore alternative solutions that balance energy efficiency objectives with the sustainability of our businesses.
3. Establish a task force consisting of representatives from the Ministry of Energy, Energy Commission, CSHDAG, and other relevant stakeholders to collaboratively address the challenges faced by second-hand dealers and develop feasible solutions.
4. Provide necessary support mechanisms, such as financial assistance or transitional measures, to help second-hand dealers adapt to the new regulations without facing severe economic repercussions.
5. We firmly believe that a balanced approach, taking into account the concerns of second- hand dealers, can be achieved through open dialogue, cooperation, and the pursuit of mutually beneficial solutions. Our association is committed to working closely with the government and relevant authorities to ensure the continued viability of our businesses while supporting the nation’s energy efficiency goals.
6. We kindly request an opportunity to meet with you or your designated representative to discuss our concerns further and explore potential avenues for resolution. Your prompt attention to this matter will be highly appreciated.
Thank you for your understanding, and we remain at your disposal for any clarifications or additional information you may require.
NB: Please kindly note that even though the LI regarding only the television sets and Monitors was used, for the avoidance of doubt, we actually are referring to all second hand electrical appliances. Our inability to find all the hardcopies of the relevant LI’s is why we have used only the LI 2455 as our case study.
Yours faithfully,
……………………….
Chairman
Concerned Second Hand Dealers Association of Ghana (CSHDAG)
