Generator importation requires an import permit from the Nigeria Electricity Regulatory Commission (NERC).
The Nigeria Electricity Regulatory Commission (NERC) is an independent regulatory body with the authority to supervise Nigeria’s electricity industry
The main purpose of establishing NERC is to supervise the electricity prices of government-owned or controlled power generation companies and any other power generation companies that have power generation, transmission, and power distribution licenses.
- THE IMPORTATION OF ELECTRIC POWER GENERATOR
Every individual seeking to import an electric power generator must obtain a clearance certificate for the importation and follow the guidelines as prescribed by NERC.
The NERC is empowered by Section 32(1)(e), 96(1) & (2)(q) of the Electric Power Reform Act, 2005 to make guidelines for the importation of power generators into Nigeria.
- GUIDELINES FOR IMPORTATION OF GENERATORS INTO NIGERIA
The following are the steps to be followed for the importation of generating sets into Nigeria following the NERC guidelines:
- An application for the Clearance Certificate must be made in writing in a manner specified and addressed to the NERC. The application could be delivered by hand, sent by mail or through a courier service.
- The application shall be signed and dated by the Applicant or his/her authorized agent.
- The Application shall contain the following information:
- Name of Applicant & Quantity to be imported
- Noise level (not more than 35Db) & Pollution control
- Make of generators & Technical and Environmental rating
- Purpose of importation, Country of origin & Capacity of the generator
- The application shall be accompanied by the following:
- Copy of the Certificate of Incorporation & Tax Clearance certificate for the last three years
- VAT registration Certificate & Commercial Invoice/Proforma invoice
- Standards Organization of Nigeria Conformity Assessment Programme (SONCAP) & Proof of conformity with extant environmental regulations (emissions, noise etc)
- The application shall be accompanied by the Application fees paid to NERC. Below are the fees payable depending on the size of the generator:
- 45 -2.5 KVA – N150.00 Per Unit
- 5 – 5 KVA – N250.00 Per Unit
- 5 -25 KVA – N1,000.00 Per Unit
- 25 – 100 KVA – N3,500.00 Per Unit
- 100 KVA – N25,000.00 Per Unit
- The application fee shall be paid through a bank draft drawn in favour of the “Nigeria Electricity Regulatory Commission”.
- The application fee is non-refundable
- The application fee is subject to review from time to time as the Commission deems fit.
- Upon the submission of the application form and relevant documents and review by the Commission, if satisfied the Applicant shall be issued with the Clearance Certificate for the importation of the generator into Nigeria.
- The Clearance Certificate issued by the Commission is valid only for six (6) months from the date of issue.
- The Clearance Certificate can be renewed for a further period of six (6) months subject to the payment of renewal fees.
- The renewal fee is 10% of the fee paid on the Initial Clearance Certificate and the application for renewal shall be within 30 days after the expiration of the Initial Clearance Certificate
- The Clearance Certificate is strictly for the importation of generating sets and none other.
- The Applicant is expected to submit an annual report of the generating sets imported by him or her every 12 months of importation.
The guidelines as provided for by the NERC must be strictly followed by any individual wishing to import generating sets into Nigeria. Failure to adhere to the strict guidelines would have legal consequences. It must be noted that there is currently a pending bill to completely ban the importation of generating sets in Nigeria before the National Assembly, which has passed the first reading.
By Resolution Law Firm