EC Review of the WEEE Directive
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Transcript EC Review of the WEEE Directive
The EC RoHS and WEEE
Directives
- Stakeholder Update
20 June 2011
Agenda
14:00
14:10
14:30
15:15
15:30
15:50
16:45
Introductions
RoHS Update & Implementation Plans
Q&A and Discussion on Key Issues
Tea & Coffee Break
WEEE Negotiations Update
Q&A and Discussion on Key Issues
Close
European Commission
Commission’s proposals published December 2008
European
Parliament
Vote Environment
Committee
Council
27 Member States
Negotiations
Environment Council
Plenary vote
If agreement = first reading deal
If no agreement = second reading
+
18 months
If no agreement at second reading
= conciliation
RoHS Directive
Update & Implementation
Plans
Headline: November 2010
First Reading Deal Secured!
Key Issues
Scope
Exclusions
Additional Substances
Exemptions Procedure
The ‘Goods Package’
Scope
The Directive will apply to: • the 8 original RoHS Categories
• plus WEEE Categories 8 and 9
– phased in between 3 and 6
years
• plus Category 11 – “Other EEE
not covered by any of the
categories above”!
But delayed………….
Category 11 does not apply for 8
years
…. and subject to review to be
undertaken by Commission
within 3 years
In addition, list of agreed
exclusions to ‘open’ scope
Scope - Agreed Exclusions
1. Military equipment
2. Equipment designed to be sent into space
3. Equipment designed and installed as part of another type
of equipment not within scope
4. Large-scale stationary industrial tools
5. Large-scale fixed installations
6. The means of transport
7. Non-road mobile machinery for professional use
8. Active implantable medical devices
9. Photovoltaic panels
10. R&D equipment only available on B to B basis
Scope - Definitions
“Electrical and Electronic Equipment (EEE)”
Same as that in the current RoHS Directive
“Dependent”
Commission's old FAQ – dependent on electric
current or electromagnetic fields for its primary
function
Recast – dependent on electric currents or
electromagnetic fields to fulfil at least one
intended function
Additional Substances
No immediate change to the restricted list of the
RoHS six substances, (ie. lead, mercury, cadmium,
hexavalent chromium, PBBs and PBDEs)
but…….
will be covered by the review at 3 years which will
be based on a REACH methodology, (Article 6)
Exemptions Procedure
Stand-alone
criteria for
granting
• Substitution is scientifically or technically
impraticable
• Reliability of substitutes
• Total negative environmental, health and
consumer safety impacts of the substitution
outweigh the total environmental, health
and consumer safety benefits
Criteria for
granting and
length
•
•
Availability of substitutes
Socio-economic impact of substitution
Criteria for
length
•
•
Impacts on innovation
Life-cycle thinking
Exemptions Procedure
Duration of the Exemptions
• 5 years for Categories 1-7, 10 and 11
• 7 years for Categories 8 and 9
Renewal
• Application to be made 18 months before exemption
expires
• Commission to decide no later than 6 months before
expiry date
• Rejection of renewal or exemption shall not take effect
until at least 12 months and no later than 18 after the date
of the Commission decision
The ‘Goods Package’
Recast Directive is aligned with EC Regulation No.
765/2008 (RAMS), which sets out the requirements for
accreditation and market surveillance relating to the
marketing of products
The RAMS Regulation has been directly applicable in all
Member States from 1 January 2010
CE marking
Articles 7 to 18 and Annex VI
RoHS Implementation
Implementation policy
Coalition agreement Commitments
– BRE paper: Reducing Regulation Made Simple
(PDF, 292 Kb)
Guiding Principles
– always use copy out, except where doing so would
adversely affect UK interests
– Regulations to include a statutory duty for
Ministerial review every five years.
– Ensure regulations come into force on (rather than
before) the transposition deadline
Practicalities of implementation
UK Impact assessment
Better Regulation process
Reducing Regulation Committee (RRC)
Consultation
Guidance
Commission IA and reviews
RoHS 2 – The Transition
Directive enters into force 20th day following publication OJ in 2011 (Art 27)
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
-1
0
+1
+2
+3
+4
+5
+6
+7
+8
+9
+10
Interpreted scope of existing categories
Vs. New definition of dependent
Two wheel vehicles which are not type approved
Medical
Devices
Control
Instr.
In vitro
medical
devices
Ind.
monit. +
control
Instr.
Cat 11
Art4
cables
Reuse of recovered EEE spare parts in closed loop exempt (to July 2016)
Transiton
deadline
Review
Annex
IV, IA,
Scope
Cion
delegated
powers
report
(-6mon)
General
review
Forward Look - RoHS
EP Plenary agreement – 24 November 2010
Council adoption – 27 May 2011
Final text 8 June 2011
OJ publication – July 2011?
UK Consultation – Autumn 2011
New UK Regulations – October 2012
RoHS Guidance – October 2012
New Directive applies from January 2013?
Q&A and Discussion
1. Scope
2. Timing
3. Guidance
WEEE Directive
EC Negotiations Update
Headline: 14 March 2011
Political Agreement on First Reading
Reached
Key Issues
Scope
New Member State collection target
Higher recovery, reuse & recycling targets
Producer Issues
Illegal shipments
Scope
Council has proposed the
Directive should apply to:
• the original ten Categories
for 6 years on a ‘closed’
scope basis
Then streamlined to five
Categories on an ‘open’
basis
But ………….
…. subject to review to be
undertaken by
Commission within 3
years
In addition, list of additional
exclusions to ‘open’ scope
Scope - Agreed Exclusions
Straightaway • Military equipment
• Equipment designed and installed as part of another type of
equipment not within scope
On move to ‘open scope’ • Equipment designed to be sent into space
• Large-scale stationary industrial tools
• Large-scale fixed installations
• The means of transport
• Non-road mobile machinery for professional use
• R&D equipment only available on B to B basis
• Medical devices and In Vitro Diagnostic Medical Devices
New MS Collection Target
Proposed change in the way the MS target
collection rate target is calculated.
Move from 4kg per capita to 45% POTM basis
four years after Directive comes into force, but….
subject to a review no later than 3 years
Rising to 65% after a further four years, but
again…
subject to a review no later than seven years
Recovery, reuse & recycling targets
Current recovery, reuse and recycling
targets to remain for three years
All targets to be increased by 5% after three
years to account for re-use
But target set for Medical Devices for the first
time straightaway (75% recovery; 55% recycling
and reuse)
Producer Issues
Extension of producer responsibility for collection from
households – Member State option
‘Producer’ to be defined on a national (not EU) basis
Harmonised regime –
practicalities
Illegal Shipments
Introduction of minimum monitoring requirements
for the shipment of WEEE/used EEE
New Annex to address concerns of illegal exports
and ‘dumping’
Interface with Waste
Shipment Regulations
However………
Second reading still to come and EP views conflict
with Council/Member States on: Scope – immediate ‘open’ scope
Higher collection targets and
sooner
Separate reuse targets
EU-wide definition for ‘producer’
Retailer obligations
Forward Look
EP Plenary Vote on First Reading – 3 February
2011
Council political agreement– 14 March 2011
Second reading – Polish Presidency
Final agreement – December 2011?
New requirements coming into force –
January 2014 or later?
Q&A and Discussion
1. Scope (Article 2 and Annexes I, II, III & IV)
2. Member State Collection Targets
(Articles 7 & 12)
3. Recovery, Recycling and Reuse Targets
(Article 11 and Annex V)
4. Definition of ‘producer’ (Article 3)
5. Illegal Shipments (Article 10 and Annex VI)
Further Information on WEEE & RoHS
EC website
http://ec.europa.eu/environment/waste/weee/index_en.htm
http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm
BIS website
http://www.bis.gov.uk/policies/business-sectors/environmental-andproduct-regulations/environmental-regulations
EP website
www.europarl.europa.eu/news/public/default_en.htm