Dealing with e-waste: Key elements of the European WEEE Directive. Recife, 24 February 2011

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1 Dealing with e-waste: Key elements of the European WEEE Directive Recife, 24 February 2011 European Commission DG Environment

2 INDEX The e-waste challenge Key elements of the current EU WEEE Directive Outlook to a new EU WEEE Directive and Trade considerations 2

3 AMOUNT OF WEEE IS GROWING IN BOTH EUROPE AND BRAZIL WEEE generated (estimate based on GDP, million tons) (+ 141%) (+ 252%) Source: J. Huisman, UNU - ISP SCYCLE, StEP ADDRESS Worldwide EEE and WEEE estimates, update , Bonn Germany 3

4 E-WASTE IN BRAZIL -- TREND & PROJECTIONS TO 2015 (EU CURRENTLY PRODUCES APPROXIMATELY 20 KG Per Capita) Source: J. Huisman, UNU - ISP SCYCLE, StEP ADDRESS Worldwide EEE and WEEE estimates, update , Bonn Germany 4

5 Uncontrolled Disposal of WEEE is Unsightly and Dangerous WEEE contains: Greenhouse gases Chlorinated fluorocarbons (CFCs) Heavy metals Certain flame retardants...which can lead to: Global warming Destruction of the ozone layer Leakage from landfills into water and soil Health risks from hazardous substances (dioxins) formed during incineration 5

6 SIGNIFICANT AMOUNTS OF KEY RESOURCES ARE TRAPPED IN EEE Resource demand for use in EEE as approximate share of total demand (Estimates for 2006) Source: Hagelüken/Meskers (Umicore), Mining our Computers,

7 EU LEGISLATION TACKLES BOTH ASPECTS OF THIS GROWING CHALLENGE Prevent littering and resulting hazards to environment and human health Recover valuable resources by applying modern recycling technologies 7

8 RoHS DIRECTIVE deals with Hazardous Substances in New Equipment... RoHS Directive restricts the use of hazardous substances (RoHS) in electrical and electronic equipment (EEE) Substances currently restricted are four heavy metals and two brominated flame retardants Exemptions are possible for specific uses under defined criteria In Revision - the Council is expected to soon agree to the position of the European Parliament of 24 November 2010: type=ta&language=en&reference=p7-ta while the WEEE DIRECTIVE covers the end-of-life phase, whether or not hazardous substances are included 8

9 INDEX The e-waste challenge Key elements of the current EU WEEE Directive Outlook to a new EU WEEE Directive and Trade considerations 9

10 BASIC ISSUES FOR WASTE MANAGEMENT Issues Collection Treatment Questions How to achieve a high collection level? Who is responsible? Bring-system? Collection in shops? Doorstep collection from households? Incentives? What is the quality standard (and cost) desired? How are standards monitored and enforced? Recycling Recycling targets? For which materials? Who owns the valuable fractions of the waste? Financing Are producers responsible for all financing? Which role for citizens, NGOs, municipalities? Does who pays also own the waste? Clearing structure Who puts all data together to monitor whether overall targets are met? What if targets are not met? 10

11 Balancing environment and economy WEEE directive needs to find balance between environmental objectives and ensuring the goals of the EU internal market. Correct management of WEEE can be seen as a contribution towards developing a greener economy! 11

12 ELEMENTS OF THE CURRENT EU WEEE DIRECTIVE Substantial Room for EU Member State Discretion Issues Collection Key elements of the current EU WEEE Directive 4kg/capita collection target Type of collection system is left to Member States Treatment Producers responsible for organising safe treatment MSs responsible for monitoring and enforcing Recycling Recycling targets defined per product category Ownership of valuable fraction is left to MS decision Financing Producers responsible from collection point on Role of other actors is left to Member States decision Clearing structure EU Member States report to the Commission Details of clearing structure are left to MS decision 12

13 GREAT VARIETY OF IMPLEMENTATION SYSTEMS, e.g. FOR COLLECTION UP TO THE COLLECTION POINT Public-Private Partnerships play a role in different forms Souce: Table 1 of 13

14 WEEE COLLECTION REPORTED FOR 2006 Data on 2007 and 2008 also now processed - clearly positive trend 14

15 INDEX The e-waste challenge Key elements of the current EU WEEE Directive Outlook to a new EU WEEE Directive and Trade considerations 15

16 Remaining Challenges on the Key Issues Issues Collection Treatment Focus of the new WEEE proposal Target to be more ambitious, differentiated by Member State, and with greater producer responsibility Cut back on sub-standard treatment with ambitious collection target and improved export control Recycling Preparation for re-use to be counted into recycling targets Financing Encouragement for greater producer responsibility Clearing structure Reduction of burdens through a more harmonised approach 16

17 CURRENT 4 KG COLLECTION TARGET IMPLIES VERY DIFFERENT AMBITIONS FOR EU MEMBER STATES Proposed new ambition for each MS: collect 85% of WEEE arising 17

18 CURRENT WEEE IMPLEMENTATION OFTEN REQUIRES MULTIPLE REGISTRATION AND EVEN PAYMENT Flow of products in the EU market State A State B State C Flow of WEEE data State A State B State C Producer sells 1st time in EU Registration as producer on State market Registration as producer on State market Trader re-sells Trader re-sells Payment Payment Trader re-sells Trader re-sells Registration as importer on State market Disposal Disposal Payment Collection Collection Treatment Treatment Compliance scheme Compliance scheme Compliance scheme 18

19 Key elements of Commission Proposal for Recast WEEE Directive (December 2008) Simplification for producers One registration for the community market One fee in the community market One legal seat in the EU no need for a legal seat in each market Cooperation between Member State registers Any register accepts the information for products placed on the market in any Member State Registers have to be linked or merged to ensure consistent information in the database Format and frequency of reporting needs to be harmonised to make the data exchange possible Closer control of exports of EEE 19

20 STATUS OF DISCUSSIONS ON THE NEW EU WEEE DIRECTIVE EU institutions (Parliament and Council) are in debate, adoption of new law anticipated in late 2011 or 2012 Key issues still in discussions: Date to reach new collection rates and definition of collection rate (per WEEE or per EEE) Procedures for reduction of administrative burden enforcement in case of no legal seat in MS, transfer of payments. See: 20

21 POTENTIAL LESSONS FROM A EUROPEAN PERSPECTIVE Ensuring high collection rates is the crucial challenge for success Collection targets need to be easy to monitor and realistic to achieve Ensuring that producers pay for their waste requires registering which producer places which products on the market Parallel registration/clearing systems can lead to substantial complexity and even market barriers -> Harmonising core elements right at the start could be very useful, e.g. for registration/clearing 21

22 TRADE IN NEW EQUIPMENT Not Discriminated Against by the WEEE Directive Unharmonised national requirements perceived as administrative burdens inside the EU also affect importers into the EU, and may consitute trade barriers. A study Non-Tariff Measures in EU-US Trade [...] looks into the issue: Applied indiscriminately to EU and US producers, they [WEEE and RoHS] create additional costs for US firms who want to export to the EU (who also have to adhere to different US standards, and if exporting to other countries, to the standards of these countries). The full study is available online at: Expected reduction of administrative burdens in a new WEEE Directive will apply to EU producers and importers 22

23 TRADE IN EEE WASTE ACROSS BORDERS - Principles Is Heavily Restricted Because Proper waste treatment requires substantial specific skills, capital, and operating finance. Europe does not want to dump its waste problem on others 23

24 TRADE IN EEE WASTE ACROSS BORDERS - No export of Hazardous Waste to non-oecd countries The EU is a Party to the Basel convention and has ratified the "Ban amendment". The EU Waste Shipment Regulation implements these commitments and includes an export prohibition for hazardous waste to non-oecd countries. 24

25 TRADE IN EEE WASTE ACROSS BORDERS - Permitted Trade To OECD countries (or other EU countries) - Hazardous WEEE using the procedure of prior written notification and consent described in Article 4 of the EU Waste Shipment Regulation (1013/2006). To any country - Non-hazardous WEEE that are not contaminated with other materials to the extent which: (a) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive 91/689/EEC; or (b) prevents the recovery of the wastes in an environmentally sound manner. in accordance with the provisions of Article 37 of the Waste Shipment Regulation. The procedures for the export to non-oecd Decision countries of noncontaminated, non-hazardous WEEE that are 'green'-listed, are governed by Regulation (EC) No 1418/2007. Imports of WEEE into the EU for recycling are also possible. (Articles of the Waste Shipment Regulation lay down the relevant provisions) 25

26 TRADE IN EEE WASTE ACROSS BORDERS Remaining Problems Significant illegal exports of WEEE still observed (to save on treatment costs and to exploit cheap labor and low work standards for recovering valuable material). New WEEE Directive will make export controls more effective through: Documentation of functionality required for export for re-use Increased monitoring of permitted exports of waste for recycling ( such recycling counts towards targets only if treatment is documented to same level as EU requirements). 26

27 Thank you for your attention. See: 27

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