EU LEGISLATION ON WASTE 2011- European Commission WORKSHOP ON EU LEGISLATION WASTE © 2010 Microsoft...

EU LEGISLATION ON WASTE

2011- European Commission

WORKSHOP ON EU LEGISLATION

WASTE

© 2010 Microsoft Corporation. All rights reserved.

The Directive on Waste Electrical and Electronic Equipment (WEEE)



2011- European Commission 2

1. Background, current situation

2. Objectives of the Directive

3. Scope and key definitions

4. Categories of electrical and electronic equipment

5. Product design and link to the RoHS Directive

6. Key instruments: collection and recovery targets, treatment techniques

7. Financing

8. Information and reporting

9. Comitology decisions / the DecaBDE case

10. Revision of the WEEE Directive

The WEEE Directive - Outline



Background / current situation

WEEE fastest growing waste stream in the EU: - Estimate of 9 million tonnes in 2005, 12.3 million t in 2020.- Discarding of 6-24 kg WEEE per person each year in the EU.- Worldwide sales in 2006: 230 million computers, 1 billion mobile

phones, 45.5 million TVs.

Implementation gaps:- 85% of WEEE in EU may be separately collected, but only 33% are

officially reported as such.- 40% of WEEE probably not treated in line with legal requirements.- High exports of used EEE to African + other non-OECD countries;

between 1/3 and 80% not functioning = waste.

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Objectives of the WEEE Directive

1. Waste prevention

2. Reduction of disposal by reuse, recycling and other forms of recovery

3. Improvement of environmental performance of all operators in the life cycle: producers, distributors, consumers, treatment facilities

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collection

recycling

disposalraw materials production

production

use

„European recycling society“

reuse

sale

other recovery



Scope (Art. 2)

• 10 Categories of electrical and electronic equipment (EEE) set out in Annex IA; not completely identical with scope of Directive 2002/95/EC on the restriction of the use of certain hazardous substances in EEE (RoHS Directive)

• Exceptions: - Military and security equipment- „part of another type of equipment“ = fixed installations in houses, cars, ships….

• More exceptions in the list of products (Annex IB), e.g. certain types of lamps, large-scale stationery industrial tools

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Key definitions (Art. 3 et al.)

• EEE: dependent on electrical currents = needs electricity for its primary function.

• Producer: includes reseller (under own brand) and importer/exporter.

• Put on the market (cf. Art. 8-10): controversial, may refer to terminology of „New Approach“, now Decision 768/2008/EC on a common framework for the marketing of products.

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Categories of EEE (Annex IA / IB)

1. Large household appliances

2. Small household appliances

3. IT and telecommunications equipment

4. Consumer equipment (radio + TV sets, videocameras, …)

5. Lighting equipment

6. Electrical and electronic tools

7. Toys, leisure and sports equipment

8. Medical devices

9. Monitoring and control instruments

10. Automatic dispensers

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Product design and link to the RoHS Directive

• Art. 4: Member States to „encourage“ design and production which facilitate reuse + recycling – unless environmental protection / safety demand otherwise.

• RoHS Directive to phase out use of hazardous materials (heavy metals, brominated flame retardants) in new EEE.

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Key instruments

Collection and recovery targets (Art. 5 + 7)• Separate collection target of at least 4 kg WEEE from private

households per inhabitant per year (since 31.12.2006) - easy to meet; new target needed.

• Specific recovery and reuse/recycling targets (50-80%) for different WEEE categories by 31.12.2006 - difficult to calculate; loopholes.

Treatment techniques (Art. 6)• Best available treatment, recovery + recycling techniques• Removal of fluids• Selective treatment for materials and components (Annex II)

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Financing (Art. 8, 9)

Costs of collection, treatment, recovery and environmentally sound disposal of WEEE

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Type of waste Costs financed by

New WEEE from private households (put on the market after 13.8.2005)

Each producer individually or collectively, with financial guarantee

„Historical“ waste from households System(s), with proportional contributions of existing producers

New WEEE from other users Producers

Historical waste from other users, if replaced by new equivalent products

Producer of new products or users (partially or totally)

Other historical waste Users other than private households



Information and reporting (Art. 10-12)

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• Obligation of Member States to inform users on separate collection, consumer‘s role in recycling, effects of hazardous substances etc.

• Marking of all new EEE with „no bin“ symbol (Annex IV)

• Information for treatment facilities• Identification of producer and date of marketing

by mark on new EEE (detailed in CEN standards)• Register of producers (at national level!)• Biannual information to Commission on

quantities and quotas, 3-year report on implementation of Directive



Comitology decisions / the DecaBDE case• Commission Decision 2004/249/EC concerning a questionnaire for

Member States reports on implementation • COM Decision 2005/369/EC laying down rules for monitoring

compliance of Member States and establishing data formats• 12 COM decisions in 2005-2010 amending the Annex to the RoHS

Directive (exemptions from hazardous substance ban for certain applications)

• ECJ ruling of 1.4.2008 in Joined Cases C-14/06 and C-295/06:Annulment of the exemption for flame retardant DecaBDE, because Commission exceeded its implementing powers by exempting without proper assessment.

• Directives 2008/34/EC and 2008/35/EC amended WEEE and RoHS Directives as regards implementing powers and new comitology procedure.

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Revision of the WEEE Directive

• 2008 studies and stakeholder consultation on review of the WEEE Directive highlight problems: controversy on legal basis, diverging interpretations of scope, unambitious collection target, sub-standard treatment, illegal exports, burden of multiple registrations for producers, uneven financing due to free-riders etc.

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• Commission proposal COM(2008) 810 final favours „recast“:

- Lists of categories + products to be part of RoHS Directive (Art. 114 TFEU). - Division household / business equipment to be clarified by comitology.- Collection target of 65%, slightly increased recycling targets.- Producer registration in 1 MS sufficient; inter-operability of registers.- Minimum inspection + monitoring requirements for facilities + shipments.

• Divided response from European Parliament and Member States

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More information

• EU Commission: http://ec.europa.eu/environment/waste/weee/index_en.htm

• Studies on review and implementation of the WEEE Directive:http://ec.europa.eu/environment/waste/weee/studies_weee_en.htm

• Legislative materials on revision of the WEEE Directive: http://ec.europa.eu/prelex/detail_dossier_real.cfm?CL=en&DosId=197711

• UN initiative „Solving the E-Waste Problem“ (StEP):http://www.step-initiative.org/

• WEEE Forum (European association of WEEE take-back systems):http://www.weee-forum.org/

• Basel Action Network (NGO tracking WEEE shipments):http://www.ban.org/

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Internet links:

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