RoHS and WEEE Directives - the EC Reviews

RoHS and WEEE Directives RoHS and WEEE Directives - the EC - the EC

ReviewsReviews

April 2011

Outline of the Presentation

Why Reviews?

Process

Latest Progress – RoHS & WEEE

Forward Look & Further Information

Why Reviews?

Rationale for the RoHS Review

Article 6 of the original Directive

‘Mandatory’ issues to be included: -

- potential inclusion of WEEE Categories 8 & 9 in scope of RoHS and

- potential amendment to the list of substances; RoHS 6+

Rationale for the WEEE Review

Article 5.5 – Establishment of a new mandatory collection target

Article 7.4 – New targets for recovery, reuse and recycling for all categories, including (for the first time) category 8

Article 17.5 – Proposals for a new revised Directive

Process

European Commission

European Parliament

Council27 Member States

Vote Environment Committee

Commission’s proposals December 2008

Plenary vote

Environment Council

Negotiations

If agreement = first reading deal

If no agreement = second reading

18 months+

If no agreement at second reading = conciliation

Key Players in the Environment Council

• The Presidency(Czech Republic – Jan to June 2009;

Sweden – July to Dec 2009; Spain –Jan to June 2010; Belgium – July toDec 2010; Hungary – Jan to June 2011; Poland – July to Dec 2011)

• The European Commission

• All 27 EU Member States

EP Committee on Environment, Public Health and Food Safety

WEEE RapporteurKarl-Heinz FLORENZ Group of the European People's Party

(Christian Democrats)Christlich Demokratische Union

Deutschlands

RoHS RapporteurJill EVANS Group of the Greens/European Free

AlliancePlaid Cymru - Party of Wales

Latest Progress

The RoHS Recast

** ** HeadlineHeadline ** **

Nov. 2010Nov. 2010

First Reading Deal Secured!

The RoHS recast – Key Issues

Scope

- scope exclusions & definitions Additional Substances The Exemptions Procedure

- new exemptions for Categories 8 and 9 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 equipment2. Equipment designed to be sent into space3. Equipment designed and installed as part of another type

of equipment not within scope4. Large-scale stationary industrial tools5. Large-scale fixed installations6. The means of transport7. Non-road mobile machinery for professional use8. Active implantable medical devices9. Photovoltaic panels10.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 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…….

Recital 10 – HBCDD, DEHP, BBP and DBP

REACH-based methodology, Article 6

Exemptions Procedure

• 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

• Availability of substitutes• Socio-economic impact of substitution

• Impacts on innovation • Life-cycle thinking  

Stand-alone criteria for granting

Criteria for granting and

length

Criteria for length

Exemptions Procedure

Duration of the Exemptions• 5 years for Categories 1-7, 10 and 11• 7 years for Categories 8 and 9Renewal• 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

Lists of Exemptions

Annex III exemptions apply to all Categories

Annex IV for exemptions that are specific to Medical Devices and Monitoring & Control Instruments (that is Categories 8 and 9).

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

The WEEE Recast

** ** HeadlineHeadline ** **

March 2011March 2011

Political Agreement on First Reading Reached!

The WEEE recast - 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

RoHS

EP Plenary Vote confirmed agreement – 24 November 2010

Council adoption – 11 April 2011 OJ publication - June 2011? New UK Regulations – September 2012? New Directive applies from January 2013?

WEEE

EP Plenary Vote on First Reading – 3 February 2011

Council political agreement– 14 March 2011 Second reading from July 2011? Final agreement – December 2011? New requirements coming into force –

January 2014 or later?

Further Information

EC websitehttp://ec.europa.eu/environment/waste/weee/index_en.htm

http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm

BIS websitehttp://www.bis.gov.uk/policies/business-sectors/environmental-and-product-regulations/environmental-regulations

EP websitewww.europarl.europa.eu/news/public/default_en.htm

Thank you and questions?

Steve AndrewsEnvironmental & Product Regulation DirectorateDepartment for Business, Innovation & Skills1 Victoria StreetLondon SW1H 0ETUnited Kingdom

Email - env.regs@bis.gsi.gov.ukWebsite - www.bis.gov.uk