Equivalent conditions for the treatment of WEEE exported outside the European Union. Final 14 November Page 1

Transcription

1 Equivalent conditions for the treatment of WEEE exported outside the European Union Final 14 November 2014 Page 1

2 I. Introduction Directive 2012/19/EU on WEEE says that the treatment operation of WEEE may also be undertaken outside the EU provided that the shipment of WEEE is in compliance with certain EU Regulations. In addition, the Directive requires that WEEE exported out of the EU shall only count towards the fulfilment of obligations and targets if the exporter can prove that the treatment took place in conditions that are equivalent to the requirements of this that Directive. In accordance with Regulation 1013/2006 on shipments of waste, those involved in shipments of waste are obliged to ensure that the waste shipped is managed in an environmentally sound manner throughout the period of shipment and during its treatment. In addition, when exported for recovery, waste needs to be treated in facilities that operate in accordance with human health and environmental protection standards that are broadly equivalent to standards established in EU legislation. Proper treatment in accordance with Article 8(2) of the Directive includes, as a minimum, the removal of all fluids and a selective treatment in accordance with Annex VII to the Directive. Furthermore, any undertaking carrying out treatment operations shall treat WEEE in compliance with the technical requirements set out in Annex VIII. These requirements should be considered as a basis for comparison with the conditions of WEEE treatment in third country facilities. Requirements on the treatment of WEEE have been described in various standards developed both at EU level and in other parts of the world. In 2009, the WEEE Forum started WEEELABEX, a project co-financed by the LIFE programme of the European Union, to develop, on the one hand, a set of normative requirements (Standards) pertaining to the collection, transport and pre-processing of WEEE and, on the other, a set of rules and procedures to allow trained auditors to verify conformity with those standards. The WEEELABEX Standards were published in 2011 and the WEEELABEX Organisation, an auditors training outfit based in Prague (Czech Republic) started its operations in 2013, listing operators on the market that successfully undergo WEEELABEX Conformity Verification. The European Commission recognised the WEEELABEX project as Best of Best LIFE Environment project on 3 June The (private) WEEELABEX standards were later lodged with CENELEC, one of the EU standards organisations, to be developed into EN Standards, under a mandate by the European Commission, as specified in the Directive. This WEEE Forum issue paper seeks to provide comments on the draft Commission delegated Regulation, pursuant to a workshop on 30 October 2014 where it was first discussed with stakeholders. Page 2

3 II. The draft Commission delegated Regulation The draft Commission delegated Regulation says: 1. In order to prove that the treatment of WEEE outside the Union takes place in conditions that are equivalent to the requirements of Directive 2012/19/EU, the exporter shall provide the following: (a) A declaration issued either by the facility in the third country receiving WEEE or by the competent authority in the third country of destination stating that the facility receiving the WEEE is authorised to conduct WEEE treatment operations in accordance with national procedures, including any applicable legal requirements. This declaration, where applicable, shall be accompanied by relevant documentation; and (b) (i) Evidence that the facility in the third country receiving WEEE applies treatment conditions equivalent to the requirements of Directive 2012/19/EU and in particular Article 8 and Annexes VII and VIII thereof. This evidence shall be provided through a declaration issued by an independent verifier on the basis of a site inspection; Without excluding other options to demonstrate independence and aptitude, the independent verifier shall be deemed to be independent and to have the appropriate qualifications to operate legally in the third country when certified under international Standard ISO/IEC for third party inspection bodies; or (ii) A proof of compliance with one of the applicable Standards listed in Annex I. The WEEE Forum is of the opinion that the draft Commission Regulation should be amended and, more specifically: Disallow unilateral, first-party declarations Ensure uniform verification of compliance Ensure verification of compliance with all the applicable Standards Ensure verification of compliance by independent, impartial verifiers Reference the complete list of EN Standards Delete reference to Other standards for the treatment of WEEE III. Disallow unilateral, first-party declarations Article 1.1 (a) of the draft Commission delegated Regulation says that, in order to prove that the treatment of WEEE outside the Union takes place in conditions that are equivalent to the requirements of Directive 2012/19/EU, the exporter shall provide: A declaration issued either by the facility in the third country receiving WEEE or by the competent authority in the third country of destination stating that the facility receiving the WEEE is authorised to conduct WEEE treatment operations in accordance with national procedures, including any applicable legal requirements. This declaration, where applicable, shall be accompanied by relevant documentation. Page 3

4 A conflict of interest arises if the facility receiving the WEEE in the third country is allowed to issue a self-declaration stating that it is authorised to conduct WEEE treatment operations in accordance with national procedures, because that party has a vested interest in receiving the WEEE. Furthermore, if the veracity of the document is not verified by a neutral third party, the declaration cannot be considered reliable. Suggested revision: We suggest to remove the option allowing facilities in third countries to issue a declaration stating that the facility receiving the WEEE is authorised to conduct WEEE treatment operations in accordance with national procedures, including any applicable legal requirements. A declaration issued either by the facility in the third country receiving WEEE or by the competent authority in the third country of destination stating that the facility receiving the WEEE is authorised to conduct WEEE treatment operations ( ) IV. Ensure uniform verification of compliance Article 1.1 (b) of the draft Commission delegated Regulation says that, in order to prove that the treatment of WEEE outside the Union takes place in conditions that are equivalent to the requirements of Directive 2012/19/EU, the exporter shall provide: Evidence that the facility in the third country receiving WEEE applies treatment conditions equivalent to the requirements of Directive 2012/19/EU and in particular Article 8 and Annexes VII and VIII thereof. This evidence shall be provided through a declaration issued by an independent verifier on the basis of a site inspection. Without excluding other options to demonstrate independence and aptitude, the independent verifier shall be deemed to be independent and to have the appropriate qualifications to operate legally in the third country when certified under international Standard ISO/IEC for third party inspection bodies. From a practical point of view it is impossible to accurately and in a uniform manner verify compliance with the Directive by exclusively using the text of the Directive. The Directive leaves room for interpretation and therefore will unlevel the playing. This is the main reason why standardisation by the EU standards organisation was requested in the first place. CENELEC s EN Standards and the (private) WEEELABEX Standards provide an accurate and agreed interpretation of the Directive, hence reducing the risk of subjectivity in the conformity verification process. We believe that the best way of checking compliance with the Directive is by using the Standards that are based on the Directive and on European regulations. Furthermore, the EN and WEEELABEX Standards, outline the methodology to be applied to calculate recycling and recovery rates. The other Standards referred to provide incomparable guidance in that respect. Suggested revision: We suggest to remove Article 1, clause 1.b. (i) and replace the or at the end of the paragraph by an and Evidence that the facility in the third country receiving WEEE applies treatment conditions equivalent to the requirements of Directive 2012/19/EU and in particular Article 8 and Annexes VII and VIII thereof. This evidence shall be provided through a declaration issued by an independent verifier on the basis of Page 4

5 a site inspection; Without excluding other options to demonstrate independence and aptitude, the independent verifier shall be deemed to be independent and to have the appropriate qualifications to operate legally in the third country when certified under international Standard ISO/IEC for third party inspection bodies; Or and V. Ensure verification of compliance with all the applicable Standards Article 1.1 b (ii) of the draft Commission delegated Regulation says that, in order to prove that the treatment of WEEE outside the Union takes place in conditions that are equivalent to the requirements of Directive 2012/19/EU, the exporter shall provide: A proof of compliance with one of the applicable Standards listed in Annex I We think the text is ambiguous and insufficiently clear. The proof of compliance should be with all the applicable Standards, not only with one of the applicable Standards. For example, if a treatment operator is treating CRT screens and WEEE containing volatile fluorocarbons or volatile hydrocarbons, it should comply with all the following: EN : Collection, logistics & treatment requirements for WEEE - Part 1: General treatment requirements EN : Collection, logistics & treatment requirements for WEEE -- Part 2-2: Treatment requirements for WEEE containing CRTs and flat panel displays EN Collection, logistics & treatment requirements for end-of-life household appliances containing volatile fluorocarbons or volatile hydrocarbons Suggested revision: A proof of compliance with one of all the applicable Standards, depending on the treatment activities, listed in Annex I. VI. Ensure verification of compliance by independent, impartial verifiers It is critical that an independent, impartial party verifies compliance with the Standards. The WEEE sector is very complex and dynamic. We believe that verification by welltrained auditors, familiar with EU regulations, e.g. handling of hazardous waste, treatment of equipment containing VHC and VFC and lamps, is essential to guarantee adequate treatment outside the EU. Suggested revision We propose to add the following text to Article 1.1 b (ii): Page 5

6 A proof of compliance with the applicable European Standards, depending on the treatment activities, listed in Annex I. This evidence shall be provided by means of a declaration issued by an independent verifier on the basis of on-site and document inspection. The verifier shall have the appropriate qualifications to operate legally in the third country when certified under international Standard ISO/IEC for third party inspection bodies. VII. Reference the complete list of EN Standards The list of Standards in Annex I - part A is not complete: Page 6 No Technical Specifications are listed; The Standards can be applied in various combinations. Technical Specifications (TS) are, unlike EN Standards, documents that provide technical support to a standard, yet there is no procedure for certification against a TS. Organisations can only be certified against a standard. They should therefore not be listed. However, the TS are related to EN standards and contain specific and detailed procedures on how to calculate the recycling and recovery rates. Therefore treatment operators outside the EU should apply the TS related to the EN Standards per WEEE category. Hence, we suggest that the TS developed under mandate M/518 related to the EN Standards per WEEE category should be a compulsory application. The full list of EN Standards should be listed and a clause should allow the Commission to extend the list with newly developed EN Standards and/or Technical Specifications, for example the TS on end-processing of copper and precious metals bearing functions. Suggested revision: ANNEX I Indicative List of European Standards and other existing Standards (EN Standards) for the treatment of WEEE available to exporters of WEEE to prove treatment conditions equivalent to the requirements of Directive 2012/19/EU Annex A. European Standards (EN Standards) for the treatment of WEEE 1. EN : Collection, logistics & treatment requirements for WEEE - Part 1: General treatment requirements 2. EN and EN : Collection, logistics & treatment requirements for WEEE -- Part 2-1: Treatment requirements for lamps 3. EN and EN : Collection, logistics & treatment requirements for WEEE -- Part 2-2: Treatment requirements for WEEE containing CRTs and flat panel displays 4. EN and EN : Collection, logistics & treatment requirements for WEEE -- Part 2-3: Treatment requirements for WEEE containing volatile fluorocarbons or volatile hydrocarbons 5. EN and EN : Collection, logistics & treatment requirements for WEEE -- Part 2-4: Treatment requirements for photovoltaic panels

7 In order to comply with the levels of WEEE recycling and recovery set out in Article 11, Annex V and the requirements related to selective treatment as set out in Article 8.2 and Annex VII of Directive 2012/19/EU, evidence of compliance with these requirements including the methodologies explaining how they are achieved shall be provided by the operator that is certified in accordance with R2 and/or e-stewards. NOTE: TS : Collection, logistics & treatment requirements for WEEE -- Part 3-1: Specification for de-pollution - General TS : Collection, logistics & treatment requirements for WEEE -- Part 3-1: Specification for de-pollution - Lamps TS : Collection, logistics & treatment requirements for WEEE -- Part 3-1: Specification for de-pollution - WEEE containing CRTs and flat panel displays TS : Collection, logistics & treatment requirements for WEEE -- Part 3-1: Specification for de-pollution WEEE containing volatile fluorocarbons or volatile hydrocarbons TS : Collection, logistics & treatment requirements for WEEE -- Part 3-1: Specification for de-pollution - photovoltaic panels EN Collection, logistics & treatment requirements for end-of-life household appliances containing volatile fluorocarbons or volatile hydrocarbons TS Collection, logistics & treatment requirements for end-of-life household appliances containing volatile fluorocarbons or volatile hydrocarbons - Part 2: specification for de-pollution VIII. Delete reference to Other standards for the treatment of WEEE Annex I part B contains other Standards, the majority of which have not been developed in Europe, and therefore disregard EU specificities, and address non-eu market needs. Furthermore, these Standards are owned, developed and revised by private third parties. These documents are beyond the control of the European Commission, and, unlike CENELEC Standards, will unlikely be adjusted in future revisions to changes in the European WEEE market and legal requirements Actors on the European market have made and continue to make huge efforts to develop the EN Standards under a mandate of the European Commission as laid down in the Directive. EN Standards have been tailor-made to the European regulations and provide, in our opinion, the best description of what WEEE treatment equivalent conditions should be. EN Standards are more technical and cover a wider scope of types of WEEE categories than some of the Standards mentioned in Annex I.B of the draft Commission Regulation. Some of the suggested Standards do not identify a scope and others are not publicly available or focus on components rather than on products. In addition, EN Standards include an accurate framework for the measurement and monitoring of WEEE de-pollution, which is crucial to qualify WEEE treatment as proper treatment, and for the calculation of recycling and recovery rates. Page 7

8 Considering that the EN Standards of the Annex I part A are covering all the WEEE treatment activities (together with the Technical Specifications), Annex I part B can be deleted to give a uniform and coherent set of Standards, i.e. the ones developed by CENELEC, to prove equivalent treatment conditions. Suggested revision: Delete Annex I B. Other standards for the treatment of WEEE. However, should the European Commission decide that this approach is unacceptable and that Annex I B must remain a part of the Regulation, we propose to add the following self-explanatory table indicating the applicable Standards for every WEEE category, in accordance with Annex III and IV of Directive 2012/19/EU. In order to determine the applicable Standard for each category, we suggest referencing the conclusion drafted in the memorandum attached to the draft Commission delegated Regulation. The following table explains the applicable EN Standards for every WEEE category (in accordance with Annex III and IV of Directive 2012/19/EU). WEEE Category EN Standards (Annex I part A) Other Standards (Annex I part B) Cat. 1 Temperature exchange equipment Cat. 2 Screens, monitors Cat. 3 Lamps Cat. 4 Large Equipment Cat. 5 Small Equipment EN and EN and TS or EN and TS EN and EN and TS EN and EN and TS EN and TS and only for photovoltaic panel: EN and TS EN and TS Australian/New Zealand WEEELABEX:2011 Standard on Treatment of WEEE" or Responsible Recycling (R2:2013) Standard and the Recycling Industry Operating Standard (RIOS) (R2/ RIOS Standard) or Australian/New Zealand WEEELABEX:2011 Standard on Treatment of WEEE" or Australian/New Zealand WEEELABEX:2011 Standard on Treatment of WEEE" or Australian/New Zealand WEEELABEX:2011 Standard on Treatment of WEEE" or Responsible Recycling (R2:2013) Standard and the Page 8

9 Recycling Industry Operating Standard (RIOS) (R2/ RIOS Standard) or Australian/New Zealand Cat. 6 Small IT and telecommunication equipment EN and TS WEEELABEX:2011 Standard on Treatment of WEEE" or Responsible Recycling (R2:2013) Standard and the Recycling Industry Operating Standard (RIOS) (R2/ RIOS Standard) or e-stewards Standard 2.0 for Responsible Recycling and Reuse of Electronic Equipment or Australian/New Zealand Page 9

10 About the WEEE Forum The WEEE Forum ( is a European not-for-profit association speaking for 39 electrical and electronic equipment waste (WEEE) producer compliance schemes alternatively referred to as producer responsibility organisations (PRO). It was set up in The 39 PROs are based in Austria, Belgium, Czech Republic, Denmark, Estonia, Italy, Germany, Greece, France, Ireland, Lithuania, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom. It is the biggest organisation of its kind in the world. In 2014, its member organisations reported collection and proper de-pollution and recycling of more than 1.7 million tonnes of WEEE. Members in 2014: Amb3E, Appliances Recycling, Asekol, Asekol SK, EÅF, Eco-asimelec, Ecodom, Ecolec, Ecologic, Ecoped, Eco-systèmes, Ecotic, Eco Tic, EES-Ringlus, EGIO, ElektroEko, Elektrowin, El-Kretsen, elretur, el retur, Envidom, Environ, Fotokiklosi, Lightcycle, Lumicom, RAEcycle, Recicla Canarias, Recupel, ReMedia, Repic, Retela, RoRec, SENS, SLRS, SWICO, UFH, Wecycle, WEEE Ireland and Zeos. For more information, please contact Pascal Leroy, Secretary General of the WEEE Forum: pascal.leroy@weee-forum.org. Page 10