CWIT WP3 D3 2 Synthesis of Questionnaire …...Page7!of!146! 2 INTRODUCTION% Deliverable!3.2!concerns!the!synthesis!of!responses!for!boththeEUandinternationalquestionnaires.! Anearlier!versionof!this!report!was

Work Package 3: Legal Framework Deliverable 3.2

Synthesis of Questionnaire Responses

Project Countering WEEE Illegal Trade Acronym CWIT Webpage www.cwitproject.eu

Work Package: Work Package 3 Work Package Leader: Compliance and Risks Ltd. Deliverable: WP 3, D3.2 Deliverable Title Work Package 3: Legal Framework Deliverable Leader: Compliance and Risks Ltd. Date of delivery due: M 12 29 August 2014 Version: 5.0

Coordinator Dr Therese Shryane, Environmental Security Sub-‐Directorate, INTERPOL Email [email protected] Scientific Coordinator Dr Jaco Huisman, Scientific Advisor, UNU – IAS SCYCLE Email [email protected]

This project and the research leading to these results has received funding from the European Community's Seventh Framework Programme (FP7/2007-‐2013) under grant agreement n° [312605].

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DOCUMENT CONTROL Coordinator: INTERPOL

Work Package Leader: Compliance and Risks Ltd.

Deliverable leader Compliance and Risks Ltd.

Due date: 29 August 2014

Date of submission: 22 December 2014 Updated version

Dissemination level: PU (Public) Version history Ver. no. Date Reason for release Responsible

1.0 17 February 2014 Draft for discussion C&R – ML 1.1 21 February 2014 Approval Project Coordinator INT – TS 1.2 28 February 2014 Approval Scientific Coordinator UNU – JH 2.0 28 February 2014 Upload to REA INT – TS

3.0 21 July 2014 Revised report for Steering Group approval

C&R – ML

3.1 24 July 2014 Comments for revision UNICRI – VL 3.2 24 July 2014 Comments for revision WF – LH 3.3 29 July 2014 Final edits WF – LH, UNU -‐ FM 4.0 30 July 2014 Finalised report for submission C&R – ML 4.0 16 August 2014 Comments for revision ZP -‐ FR 4.1 18 August 2014 Scientific Coordinator check UNU – JH

5 27 August 2014 Final version submitted to Project Coordinator

C&R – ML

5 29 August 2014 Submission of report to REA INT – TS 6 2 December 2014 Revision of deliverable after review C&R – ML

6 9 December 2014 Comments for revision WF-‐LH, UNICRI-‐ VL, CBRA – JH

6 10 December 2014 Revised report submitted to Project Coordinator for submission to REA C&R -‐ ML

6 22 December Submission of revised report to REA via SESAM portal INT -‐TS

NOTICE The contents of this document are the copyright of the CWIT consortium and shall not be copied in whole, in part, or otherwise reproduced (whether by photographic, reprographic or any other method), and the contents thereof shall not be divulged to any other person or organisation without prior written permission. Such consent is hereby automatically given to all members who have entered into the CWIT consortium Agreement, dated 02 September 2013, and to the Research Executive Agency / European Commission to use and disseminate this information.

The information and content of this report is the sole responsibility of the CWIT consortium members and does not necessarily represent the views expressed by the European Commission, UNU, UNICRI, INTERPOL or its services. While the information contained in the documents and webpages of the project is believed to be accurate, the authors(s) or any other participant in the CWIT consortium make no warranty of any kind with regard to this material.

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TABLE OF CONTENTS 1 EXECUTIVE SUMMARY 6

2 INTRODUCTION 7

3 METHODOLOGY FOR DATA COLLECTION 9

4 EU QUESTIONNAIRE 10 4.1 National legislation and policies 11 4.2 Transposition of WEEE Directive re-‐cast 14 4.3 Define equivalent conditions 15 4.4 Inspection information exchange 16 4.5 Waste shipments inspection 17 4.6 Financing inspection costs 18 4.7 Minimum requirements for shipments 19 4.8 Inspection and monitoring 20 4.9 Minimum requirements for shipments guidelines 21 4.10 Minimum requirements for shipments -‐ testing certificates 22 4.11 Accreditation by a competent authority 23 4.12 Minimum requirements for shipments -‐ waste declaration 24 4.13 Minimum requirements for shipments – transport protection 25 4.14 Minimum requirements for shipments – conclusive proof 26 4.15 Minimum requirements for shipments – functionality test 27 4.16 Waste shipment inspections 28 4.17 Financing the costs of the inspections 29 4.18 Program to exchange information on inspections 30 4.19 Regulation on shipments of waste 31 4.20 Monitoring of shipments of used EEE 32 4.21 Guidelines for proving EEE shipment is not waste 33 4.22 Certificate of functionality for appliances transported 34 4.23 Functionality certificates accredited by a competent authority 35 4.24 Functionality test guideline 36 4.25 Protecting EEE during transport 37 4.26 Permits for treating WEEE 38 4.27 Penalties for collection and trading offenses 40 4.28 Pollution as a result of waste treatment 43 4.29 Liability for illegal trade of e-‐waste 44 4.30 Type of offence 46 4.31 Legal persons’ liability 47 4.32 Type of corporate office 48 4.33 Provision for joint liability 49 4.34 Legislation adequate to prosecute offenses 50 4.35 Additional national provisions to enhance prosecution 51 4.36 Additional international provisions to enhance prosecution 52

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4.37 Additional information 53 4.38 CWIT consortium to contact 54 4.39 Receive updates from CWIT Project 55

5 INTERNATIONAL QUESTIONNAIRE 56 5.1 National legislation and policies 56 5.2 Stage of Development of national e-‐waste management regulation 58 5.3 On what principle is the regulation based 59 5.4 Regulated areas of EEE and e-‐waste 60 5.5 Registration requirements for EEE put on the market 61 5.6 Registration requirements details 62 5.7 Product categories included 63 5.8 Reporting information for EEE 64 5.9 Collection system for e-‐waste 65 5.10 Reporting requirements for e-‐waste 66 5.11 Reporting requirements details 66 5.12 Substances prohibited from landfill 67 5.13 Collection target for e-‐waste 67 5.14 Financing collection of e-‐waste 68 5.15 Financing treatment of e-‐waste 68 5.16 Recycling targets 69 5.17 Usual collection route for reported e-‐waste 69 5.18 Permits for used EEE 70 5.18.1 Permits for collection of used EEE 70 5.18.2 Permits for storage of used EEE 70 5.18.3 Permits for transportation of used EEE 71 5.19 Permits for e-‐waste 71 5.19.1 Permits for collection of e-‐waste 71 5.19.2 Permits for storage of e-‐waste 71 5.19.3 Permits for transportation of e-‐waste 72 5.20 Permits for e-‐waste actions 72 5.21 Penalties for collection and trading offences 73 5.22 Additional information 73

6 NEXT STEPS 75

ANNEX A RESPONSES TO EU QUESTIONNAIRE 76 A.1 Austria 76 A.2 Belgium 78 A.3 Bulgaria 83 A.4 Denmark 87 A.5 Estonia 90 A.6 Finland 93 A.7 Germany 96 A.8 Ireland 100 A.9 Italy 104 A.10 Norway 107

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A.11 Portugal 110 A.12 Romania 112 A.13 Slovakia 115 A.14 Slovenia 117 A.15 Spain 119 A.16 Sweden 122 A.17 United Kingdom 124

ANNEX B RESPONSES TO INTERNATIONAL QUESTIONNAIRE 127 B.1 Canada 127 B.2 Chile 129 B.3 China 131 B.4 France 134 B.5 Japan 136 B.6 Kenya 138 B.7 New Zealand 140 B.8 Nigeria 143 B.9 Slovakia 145

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1 EXECUTIVE SUMMARY One of the key activities of the CWIT project consists of performing a comparative overview of the relevant policies and requirements of the WEEE-‐related legal framework across a set of selected countries. To carry out this activity, the CWIT consortium developed and distributed two questionnaires on legal and policy issues to both European (EU) and international (non-‐EU) WEEE stakeholders. The aim of the questionnaires is to contribute to a global overview of the current legal framework and policies that impact the fight against illegal trade in WEEE, at EU and international levels.

The questionnaires were distributed to a large number of potential respondents (in excess of 800 individuals). These respondents included stakeholders that registered on the CWIT website and those known to the CWIT consortium through industry connections. These groups included personnel in the Ministries of Environment, governmental departments, industry participants and communities such as IMPEL (representing environmental agencies and customs of all EU member states) and previous participants of the StEP Initiative’s E-‐waste Academy Managers (EWAM) program1. The questionnaires were available on the CWIT project website to complete online or download and email to the consortium. The questionnaires were conducted through English to assist in the analysis of responses. It was considered impractical and not feasible to issue the questionnaires in all relevant languages and analyse the responses within the given timeframe.

The EU questionnaire was sent to representatives of the twenty eight Member States, Norway and Switzerland. Responses were received from representatives of 17 countries: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, Germany, Ireland, Italy, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. No response was received from: Croatia, Cyprus, Czech Republic, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Netherlands or Poland. A follow up case study is planned with respondents representing France and this information will be included in Deliverable 3.3.

The international questionnaire was sent to thirteen countries. Responses were received from nine countries: Australia, Canada, Chile, China, Japan, Kenya, New Zealand, Nigeria and the USA. No response was received from Colombia, Ghana, India or Mexico.

The countries surveyed contained a mixture of federal and unitary legal systems. Respondents provided answers to the legal and policy questionnaire from the perspective of their region and the overall national perspective where possible. Where a national level response was not provided, responses were also sought from representatives of other regions within the countries to provide a more complete overview of the legislative framework.

1 http://www.step-‐initiative.org/index.php/ewam.html

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2 INTRODUCTION

Deliverable 3.2 concerns the synthesis of responses for both the EU and international questionnaires. An earlier version of this report was submitted, as a draft, in M6. This report is now delivered in two sections, each one dealing separately with the EU questionnaire responses and the international questionnaire respectively.

The EU questionnaire, addressed to the 28 Member States and Norway, asked specific information of respondents regarding their national implementation of the re-‐cast WEEE Directive. In particular, many questions related to trans-‐frontier shipments of WEEE.

The timing of the release of the EU questionnaire was a concern as the transposition date of the recast WEEE Directive (14th February 2014) occurred during the information gathering stage of the project. The EU questionnaire was distributed after the national transposition date of the recast Directive. We are currently in a transitional period where EU member states are working on the implementation of the recast Directive in their national laws. Therefore many countries have yet to transpose the Directive and consequently, answers to the questionnaire reflect this scenario.

The international questionnaire, aimed to establish a baseline of information regarding the EEE and WEEE industry in the selected countries. The respondent countries for the international questionnaire presented a mix of established legislative frameworks together with others still under development. (i.e., for Canada where the e-‐waste legislation is primarily provincial in nature or in New Zealand where a formal WEEE type law has not yet been enacted). The countries surveyed contained a mixture of federal and unitary legal systems. Respondents provided answers to the legal and policy questionnaire from the perspective of their region and the overall national perspective where possible. Where a national level response was not provided, responses were also sought from representatives of other regions within the countries to provide a more complete overview of the legislative framework.

The questionnaires were disseminated by the Consortium members through the CWIT project website to stakeholders across the world2. In addition, the HLAB members also disseminated the questionnaire through their contact networks.

The following sections of the report show each of the questions posed together with any prompt text or list of answers from which respondents could choose their response.

Where possible (e.g., in case of multiple-‐choice questions) the answers are shown in a graphical form. Where a large amount of qualitative information is provided by respondents under the category heading ‘’Other’’, this information is shown in a table format.

Section 4 outlines the questions posed to EU respondents while Section 5 concerns the questions posed to international respondents. In each of these sections, the individual answers from each country are given. This shows the variety of responses to each question posed. The country responses are available to view in Annex A (Responses to EU Questionnaire) and Annex B (Responses to International Questionnaire).

The questionnaires were distributed across a range of different agencies, types of stakeholders, and industries. This presented different perspectives and prompted a range of responses given to particular questions, particularly those relating to the adequacy of inspections or additional resources required for enforcement etc.

The consortium has noted that the answers to the questions may be subjective. The typology of respondents for the questionnaire may influence the responses given to particular questions, particularly those relating to the adequacy of inspections or additional resources required for enforcement etc. The consortium took into consideration that industry perspectives on the efficacy

2www.cwitproject.eu/participate/legal-‐policy-‐questionnaire/ and http://www.cwitproject.eu/eu-‐legal-‐policy-‐questionnaire/

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of the legislative framework may be in some cases biased. In an effort to provide as balanced an output as possible, additional information was sought from policy officials or those involved in the implementation of the legal framework within the country.

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3 METHODOLOGY FOR DATA COLLECTION

The CWIT consortium developed the European and international questionnaires to collect responses from various industry and policy officials regarding the legal framework in place in their respective countries regarding WEEE and any measures that may have an impact on measures to stop the illegal trade of WEEE.

There are a number of concurrent data gathering initiatives in the various work packages. WP2 and 4 concentrate on gathering information on WEEE flows while WP5 gathers specific information on criminal intelligence related to WEEE. WP3 concentrates on the legal framework in place in each jurisdiction. In an effort to move beyond a mere restatement of the law, the consortium sought information from policy makers responsible for implementing the requirements of the law.

The methodology follows a proven approach to collecting and analysing this type of information drawing on the experience of consortium members who have conducted large scale requests of information from regulatory and policy making bodies.

The questionnaires were distributed to a large number of potential respondents (in excess of 800 individuals). These respondents included stakeholders that registered on the CWIT website and those known to the CWIT consortium through industry connections. These groups included personnel in the Ministries of Environment, governmental departments, industry participants and communities such as IMPEL (representing environmental agencies and customs of all EU member states) and previous participants of the StEP Initiative’s E-‐waste Academy Managers (EWAM) program. The questionnaires were available on the CWIT project website to complete online or download and email to the consortium. The questionnaires were conducted through English to assist in the analysis of responses. It was considered impractical and not feasible to issue the questionnaires in all relevant languages and analyse the responses within the given timeframe.

Where follow up interviews may be required for this or other questionnaires, the consortium has a number of native/fluent speakers of several European and international languages including Chinese, Croatian, Czech, Dutch, Finnish, French, German, Hindi, Hungarian, Italian, Polish, Slovakian, Slovenian, and Spanish.

The EU questionnaire was sent to representatives of the twenty eight Member States, Norway and Switzerland. Responses were received from representatives of 17 countries: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, Germany, Ireland, Italy, Norway, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. No response was received from: Croatia, Cyprus, Czech Republic, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta, Netherlands or Poland. A follow up case study is planned with respondents representing France and this information will be included in Deliverable 3.3.

The international questionnaire was sent to thirteen countries. Responses were received from nine countries: Australia, Canada, Chile, China, Japan, Kenya, New Zealand, Nigeria and the USA. No response was received from Colombia, Ghana, India or Mexico.

The countries surveyed contained a mixture of federal and unitary legal systems. Respondents provided answers to the legal and policy questionnaire from the perspective of their region and the overall national perspective where possible. Where a national level response was not provided, responses were also sought from representatives of other regions within the countries to provide a more complete overview of the legislative framework.

In cases where more than one response was received, the answers were amalgamated. As the questions relate to the current legal framework, the information given by the respective respondents complemented each other rather than giving a contradictory picture. Where the personal opinion of the respondent was requested, this distinction was taken into account for compiling the recommendations.

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4 EU QUESTIONNAIRE

The purpose of this task is to analyse the legal framework in EU countries regarding WEEE control and trade matters, which are mainly outlined by the WEEE Directive. The recast of the WEEE Directive was published in 2012 (Directive EU 2012/19) and EU countries were requested to transpose it not later than 14 February 2014 into their national legislation. Most of the questions in the survey were related to trans-‐frontier shipments of WEEE, which has been specifically addressed in the recast of the WEEE Directive. As can be concluded from the questionnaire responses, there are a number of countries that have yet to transpose the Directive into their national legislation. It should therefore be noted that the answers to the survey may vary once the transposition is published and the requirements are in place. The respondents were those stakeholders that had registered on the CWIT website and relevant stakeholders known to consortium members. These included policy makers, Ministry of Environment personnel, and members of the Technical Advisory Committee responsible for the national implementation of the WEEE Directive and industry participants. The questionnaires were distributed across a range of different agencies, types of stakeholders, and industries. This presented different perspectives and prompted a range of responses given to particular questions, particularly those relating to the adequacy of inspections or additional resources required for enforcement etc. A full outline of all answers is provided in Annex A – Responses to EU Questionnaire. Table 1: Type of respondents to the EU questionnaire

Country Organisation Type of Respondent Austria Austrian Coordination body for WEEE Policy Maker Belgium Public Waste Agency Policy Maker Bulgaria Ministry of Environment Policy Maker Denmark Environmental Protection Agency Policy Maker Estonia Ministry of Environment Policy Maker Finland Ministry of Environment Policy Maker Germany Ministry of Environment Policy Maker Ireland Shipment of Waste Office/EPA Policy Maker Italy Compliance Scheme Industry

Norway Environment Agency Policy Maker Portugal WEEE Processor Industry Romania Appliance Association Industry Slovakia Ministry of Environment Policy Maker Slovenia Ministry of Environment Policy Maker Spain Scrap Dealers Association Industry

Sweden Environmental Protection Agency Policy Maker United Kingdom Compliance Scheme Industry

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4.1 National legislation and policies Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition to the transposition of the WEEE Directive (Directive 2012/19/EC) Every country answered this question with references to their national laws or recognised standards to which they adhere (e.g. WEEELABEX). Several countries also provided links to guidance documents that provide additional information on the management of WEEE.

Q1 Please list the main national legislation and policies relevant for the management of WEEE, in addition to the transposition of the WEEE Directive (Directive 2012/19/EC)

Austria

-‐ Waste Management Act 2002 -‐ Ordinance of the Federal Minister of Agriculture and Forestry, Environment and Waste Management on Waste Prevention, Collection and Treatment of WEEE (WEEE-‐Ordinance) To Question 2: The transposition takes place shortly. The device list for WEEE is going to be updated as well.

Belgium Materials decree, VLAREM and VLAREMA Environmental Enforcement decree Regulation 1013/2006 on Shipments of Waste

Bulgaria Besides the ordinance transposing the WEEE Directive, no additional legislation documents or guidelines exist in Bulgaria. The national ordinance transposing the WEEE Directive is called (Ordinance on WEEE)

Denmark

WEEE-‐order: http://eng.mst.dk/topics/waste/electronical-‐waste-‐(weee)/ Order on shipment of waste and shipment of used electric and electronic equipment (not translated yet, but implements annex VI) Guidance document on how to pack used EEE for shipment Coming – mid 2014: Nordic guidance document on test of functionality for used EEE National guidance document for inspectors on how to understand annex VI

Estonia

1.Jäätmeseadus (Waste Act; general requirements for waste management, including WEEE management) 2.Vabariigi Valitsuse 20.04.2009 määrus nr 65 Elektri-‐ ja elektroonikaseadmetest tekkinud jäätmete kogumise, tootjale tagastamise ning taaskasutamise või kõrvaldamise nõuded ja kord ning sihtarvud ja sihtarvude saavutamise tähtajad (Regulation of the Government No. 65, 20.04.2009; requirements of collection of WEEE, collection target(s), recycling and recovery targets) 3.keskkonnaministri 09.02.2005 määrus nr 9 Elektri-‐ ja elektroonikaseadmete romude käitlusnõuded (Regulation of the Minister of Environment No. 9, 09.02.2005; WEEE treatment requirements) 4.Vabariigi Valitsuse 23.07.2009 määrus nr 135 Probleemtooteregistri põhimäärus (Regulation of Government No. 135, 23.07.2009; Statutes of Register of Products of Concern) 5.keskkonnaministri 16.02.2011 määrus nr 12 Probleemtooteregistri registrikaardi vormid (Regulation of Minister of Environment No. 12, 16.02.2011) (forms for submitting data to the Register of Products of Concern) 6.keskkonnaministri 27.04.2009 määrus nr 21 Elektri-‐ ja elektroonikaseadmete märgistamise viis ja kord (Regulation of Minister of Environment No. 21, 27.04.2009; labelling of EEE) 7.keskkonnaministri 22.07.2013 määrus nr 57 Probleemtoote kasutajale kättesaadavaks tehtava teabe loetelu ning teabe esitamise viisid ja kord (Regulation of Minister of Environment No. 57, 22.07.2013; information to be given to the users and requirements for public information campaigns) Besides waste legislation, only general requirements from other legislation apply like requirements

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for safety at work, work environment etc. Waste legislation regulates main requirements for waste treatment and management as such.

Finland The Waste Act (646/2011) and the Government Decree on Waste (179/2012); see enclosed documents.

Germany

The transposition of the WEEE-‐Directive (2012/19/EC) into national legislation has not been enacted yet. It will be transposed by a revision of the Electrical and Electronic Equipment Act (ElektroG). Other policies/regulations affecting WEEE are e.g. the transposition of the RoHS-‐Directive (Ordinance on Electrical and Electronic Equipment Substances -‐ ElektroStoffV), the Ordinance for construction approval (4. BImSchV) including the administrative technical regulation for air (TA-‐Luft). As regards cross-‐border shipments of WEEE, national provisions in particular pursuant to the Waste Movement Act (AbfVerbrG) apply in addition to the European Waste Shipment Regulation. In addition, on the basis of the current un-‐amended ElektroG, the inter-‐state working group of the German Länder on waste (LAGA) has issued a guideline on requirements for the management of WEEE (Altgeräte-‐Merkblatt M 31 of Sept. 2009) which is available on the internet at: http://www.laga-‐online.de/servlet/is/23874/M31_Merkblatt_Elektroaltgeraete.pdf?command=downloadContent&filename=M31_Merkblatt_Elektroaltgeraete.pdf

Ireland

European Union (Waste Electrical and Electronic Equipment) Regulations, S.I. No. 149 of 2014. General guidance for producers and distributors has been prepared by the EPA and is available on our website: www.weee-‐enforcement.ie. An on-‐line reporting tool has been developed to assist Business-‐to-‐business (B2B) producers with their self-‐complying reporting obligations. Guidance has also been developed to accompany the online tool. (Note: there are no compliance schemes approved for B2B, at present, therefore B2B producers must self-‐comply). Further details can be found at: http://www.epa.ie/enforcement/weee/b2bwastemanagementplansandreports/

Italy Best available technique about WEEE The transposition of the Directive 2010/75/UE

Norway

The WEEE Directive 2012/19/EC is not yet implemented in Norway. The current WEEE-‐relevant legislation can be found here: http://www.miljodirektoratet.no/no/Regelverk/Forskrifter/Regulations-‐relating-‐to-‐the-‐recycling-‐of-‐waste-‐Waste-‐Regulations/Chapter-‐1-‐Waste-‐electrical-‐and-‐electronic-‐equipment/ Guide for exporters of used EEE http://www.miljodirektoratet.no/no/Publikasjoner/Publikasjoner/2009/Juni/A_guide_for_exporters_of_used_goods/

Portugal Weeelabex Treatment v09 DL 79/2013 -‐ 11/6/2013 DL 230/2001-‐ 10/12/2004

Romania

The following orders of the Minister of Environment: 901/2005 on the collection of WEEE which may pose a risk of contamination 1223/2005 on the registration of the producers and reporting of data regarding WEEE and EEE 1225/2005 regarding the procedure and criteria for licensing the collective organizations which take the responsibility of the producers 556/2006 regarding the marking of WEEE 2264/2011 regarding the methodology of the calculation of the yearly collection rate for WEEE

Slovakia Law on Waste No. 223/2001 Coll. in sound of all changes

Slovenia 1. Uredba o ravnanju z odpadno električno in elektronsko opremo (Uradni list RS, št. 107/06 in 100/10) -‐ Decree on the management of waste electrical and electronic equipment

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2. Uredba o načinu, predmetu in pogojih izvajanja gospodarske javne službe ravnanja z odpadno električno in elektronsko opremo (Uradni list RS, št. 118/04) -‐ Decree on the manner, subject of and conditions for performing public utility service of the management of waste electrical and electronic equipment 3. Uredba o okoljski dajatvi za onesnaževanje okolja zaradi nastajanja odpadne električne in elektronske opreme (Uradni list RS, št. 32/06, 65/06 in 78/08) -‐ Decree on environmental tax on the generation of waste electrical and electronic equipment

Spain

-‐ Real Decreto 208/2005, de 25 de febrero, on WEEE transposition of Directive 2002/96/EC. (Entry into force February 2005). -‐ Ley 22/201, de 28 de julio, de residuos y suelos contaminados transposition of Directive 2008/98/EU. (Entry into force July 2011). -‐ Import/export rules: Ley 22/2011 on waste and Regulation 1013/2006 on waste shipments. -‐ A cashless model operates since November 19th, 2012 for every operation equal or greater than 2.500 € in which any of the parties involved is an entrepreneur or professional. Therefore isn´t only for waste industry but for every professional operation. Ref: Ley 7/2012, de 30 de octubre, de modificación de la normativa tributaria y presupuestaria y de adecuación de la normativa financiera para la intensificación de las actuaciones en la prevención y lucha contra el fraude. (Entry into force November 2012). -‐ Health and safety: Ley 31/1995, de 8 de noviembre, de prevención de Riesgos Laborales (Entry into force February 2006). Real Decreto 39/1997, de 17 de enero, por el que se aprueba el Reglamento de los Servicios de Prevención. (Entry into force March 1997). -‐ Labour law: Ley del Estatuto de los Trabajadores (Statute of Workers) (updated August 2013). Real Decreto Legislativo 5/2000, de 4 de agosto, por el que se aprueba el texto refundido de la Ley sobre Infracciones y Sanciones en el Orden Social. Ley 20/2007, de 11 de julio, del Estatuto del trabajo autónomo. (Status of self employment). Ley 56/2003, de 16 de diciembre, de Empleo. (Employment Act).

Sweden

Preprocessing of WEEE is included in the Swedish implementation of the WEEE directive as the Swedish ordinance NFS 2007:6. FO 2011:927 Concerning Permit and submission for national transports of waste. Revised Correspondents' Guidelines No 1 on shipments of waste electrical and electronic equipment (WEEE) -‐ to apply under the new Regulation No 1013/2006: http://ec.europa.eu/environment/waste/shipments/guidance.htm Guideline, A Guide for Exporters of Used Goods: http://www.naturvardsverket.se/Om-‐Naturvardsverket/Publikationer/ISBN/8400/978-‐91-‐620-‐8494-‐3/

United Kingdom

The Waste Electrical and Electronic Equipment Regulations 2013 BIS WEEE Guidance Notes The Transfrontier Shipment of Waste Regulations 2007 Hazardous Waste (England and Wales) Regulations 2005 The Waste (England and Wales) Regulations 2011 The Scrap Metals Dealers Act 2013 More detailed guidance is also available from the relevant enforcement agencies.

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4.2 Transposition of WEEE Directive re-‐cast Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? (Please note that these answers are correct at the time of submission of this report, many countries are due to transpose the Directive into their national laws in the near future).

Q.2 Yes No

7 10

Austria

x

Belgium x Bulgaria x Denmark x Estonia x Finland

x

Germany

x

Ireland x Italy x Norway

x

Portugal

x

Romania x

Slovakia

x

Slovenia

x

Spain

x

Sweden

x

UK x

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4.3 Define equivalent conditions Q3: In the context of Article 10.2 (Shipments of WEEE) transposition, did you define equivalent conditions in order to make sure exporters can prove that the treatment of exported WEEE is equivalent to the requirements of Directive 2012/19/EC? Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.3 Yes No N/A Other No Answer

4 1 9 2 1

Austria

x

Belgium x Bulgaria

x

Denmark x

Estonia

x Finland

x

Germany

x Ireland

x

Italy x Norway

x

Portugal

x Romania x

Slovakia

x Slovenia

x

Spain

x Sweden

x

UK x

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4.4 Inspection information exchange Q4: In the context of Article 18 of Directive 2012/19/EC (Administrative Cooperation and Exchange of Information) transposition, is there any actual or future program to exchange information on inspections carried out? Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.4 Yes No N/A Other

2 3 10 2

Austria

x

Belgium x Bulgaria

x

Denmark

x Estonia

x

Finland

x Germany

x

Ireland x Italy

x

Norway

x Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK

x

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4.5 Waste shipments inspection Q5: As required by Article 23 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union in compliance with Regulation No 1013/2006 (Shipments of Waste Regulation)? Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.5 Yes No N/A

6 0 10

Austria

x

Belgium x Bulgaria x Denmark x Estonia

Finland

x

Germany

x


x

Portugal

x

Romania x

Slovakia

x

Slovenia

x

Spain

x

Sweden

x

UK x

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4.6 Financing inspection costs Q6: In the context of Article 23.3 of Directive 2012/19/EC (Inspection and Monitoring), who is financing the costs of the inspections? This question provided respondents with the following choices for answers:

• Producers • Third parties acting on their behalf • Other persons arranging the shipment of used EEE suspected to be WEEE

The question was answered by Belgium, Bulgaria, Denmark, Estonia, Ireland, Italy, and the UK and was not applicable to the remaining countries as they have not yet transposed the Directive.

Q.6 Producers Third Parties

Other persons acting on their behalf

Other No Answer

2 1 3 3 9

Austria

x Not applicable

Belgium

x

o Other persons arranging the shipment of used EEE suspected to be WEEE

Bulgaria x x x

o Producers o Third parties acting on their behalf o Other persons arranging the shipment of used EEE suspected to be WEEE

Denmark

x

Other: The authorities (municipalities, police, customs and DEPA)

Estonia

x

Other: That person, who is organising this shipment. It can be producer or third parties acting on behalf of producer or any other person who is arranging the shipment. Inspectors can decide who will cover the costs – they themselves or that person arranging the shipment.

Finland

x Not applicable Germany

x Not applicable

Ireland

x

Other: Inspections are funded by fees charged to waste notifiers for raising waste notifications and moving green list waste shipments.

Italy

x

Other persons arranging the shipment of used EEE suspected to be WEEE

Norway

x Not applicable Portugal

x Not applicable

Romania x Not applicable Slovakia

x Not applicable

Slovenia

x Not applicable Spain

x Not applicable

Sweden

x Not applicable UK x

Producers and exporters via registration fees

Page 19 of 146

4.7 Minimum requirements for shipments Q7: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI of Directive 2012/19/EC (Minimum Requirements for Shipments)? For details of the specific answers provided, please consult Annex A. Countries that have not yet transposed the recast Directive are marked with N/A for this question.


3 1 10 3

Austria

x Belgium x

Bulgaria

x

Denmark

x

Estonia

x

Finland

x Germany

x

Ireland x Italy

x

Norway

x Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK x

Page 20 of 146

4.8 Inspection and monitoring Q8: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, what are the measures implemented/planned to monitor shipments of used EEE? Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.8 As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, what are the measures implemented/planned to monitor shipments of used EEE?

Austria Not applicable

Belgium

Legal provisions in Vlarema : Art. 5.2.5.11 Currently inspections are carried out according to the current inspection plans: see Q5. Planned measures: -‐ review of the internal guidelines on the control of the export of WEEE to non-‐OECD-‐countries, in the light of the transposition of the WEEE Directive recast -‐ refresher course for customs officers by the environmental inspectorate -‐ 2015 inspection plan, to be drafted late 2014

Bulgaria

According to the Bulgarian Waste Management Act, the Customs are authorised to make inspections of shipments of wastes and of shipments suspected to contain wastes in order to ensure a compliance with the requirements of the Waste Shipment Regulation. If there is a suspicion that a certain loading declared as used EEE contains WEEE, customs are authorised to detain the shipment and inform the environment authorities for taking relevant follow-‐up measures

Denmark See question Q7 Estonia See the previous answer. Finland Not applicable Germany Not applicable Ireland WEEE inspections are included as part of this overall inspection programme operated by the NTFSO. Italy There are no specific measures

Norway Not applicable Portugal Not applicable Romania Not applicable Slovakia Not applicable Slovenia Not applicable Spain Not applicable

Sweden Not applicable

UK This is outlined in Schedule 9 of the Waste Electrical and Electronic Equipment Regulations 2013 -‐ please refer to the UK enforcement agencies for further information

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4.9 Minimum requirements for shipments guidelines Q9: In the context of Annex VI.1 (a) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that the equipment is destined for direct re-‐use and is fully functional? Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.9

In the context of Annex VI.1 (a) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that the equipment is destined for direct re-‐use and is fully functional?

Austria Not applicable

Belgium Legal provisions in Vlarema : Art. 5.2.5.10

Bulgaria

The national Ordinance on WEEE provides a template of Declaration for transfer/acquisition of EEE or EEE components destined for re-‐use. The declaration has to be filled in with the relevant description of the EEE or the components transferred (type of equipment, model, mark, ID number etc.) as well as certification that the information provided is correct and complete.

Denmark No, not yet, but it is considered to let this be part of the coming national guidance document. We would like to learn from others and see examples from other countries.

Estonia No Finland Not applicable Germany Not applicable

Ireland The WEEE Directive has been transposed into Irish legislation through S.I. No 149 of 2014 (European Union (Waste Electrical and Electronic Equipment) Regulations 2014. Schedule 11 of this Regulation sets out the minimum requirements to distinguish between EEE and WEEE.

Italy Yes there is a guideline written in Annex VI of the Decreto Legis 49/2014 Norway Not applicable Portugal Not applicable Romania Not applicable Slovakia Not applicable Slovenia Not applicable Spain Not applicable

Sweden Not applicable

UK

This is outlined in Schedule 9 of the Waste Electrical and Electronic equipment Regulations 2013. PAS141 also outlines minimum standards for re-‐use operations. PAS141 is a voluntary industry accreditation scheme operated by the Government. Further information is also available here: https://www.gov.uk/waste-‐electrical-‐and-‐electronic-‐equipment-‐weee-‐exporting#ES

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4.10 Minimum requirements for shipments -‐ testing certificates Q10: As stated in Annex VI (b) of Directive 2012/19/EC (Minimum Requirements for Shipments), have the organisations that are allowed to issue a certificate of testing and proof of functionality, been defined? For details of the specific answers provided, please consult Annex A. Countries that have not yet transposed the recast Directive are marked with N/A for this question.


1 2 10 4

Austria

x

Belgium x Bulgaria

x

Denmark

x

Estonia

x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x Romania x

Slovakia

x Slovenia

x

Spain

x Sweden

x

UK

x

Page 23 of 146

4.11 Accreditation by a competent authority Q11: Do these organisations have to be accredited by a competent authority? Countries that have not yet transposed the recast Directive are marked with N/A for this question.


3 2 10 1 1

Austria

x

Belgium x Bulgaria

x

Denmark

x

Estonia x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x Romania x

Slovakia

x Slovenia

x

Spain

x Sweden

x

UK x

Page 24 of 146

4.12 Minimum requirements for shipments -‐ waste declaration Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste? Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.12 Yes No N/A

4 3 10

Austria

x

Belgium

x Bulgaria x

Denmark

x Estonia

x

Finland

x

Germany

x


x

Portugal

x

Romania x

Slovakia

x

Slovenia

x

Spain

x

Sweden

x

UK x

Page 25 of 146

4.13 Minimum requirements for shipments – transport protection Q13: As referred in Annex VI. 1. (d) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a guide or set of criteria to define appropriate protection of the goods against damage during transportation, loading and unloading? Countries that have not yet transposed the recast Directive are marked with N/A for this question.


3 2 10 2

Austria

x Belgium x

Bulgaria

x

Denmark x Estonia

x

Finland

x Germany

x

Ireland

x Italy

x

Norway

x Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK x

Page 26 of 146

4.14 Minimum requirements for shipments – conclusive proof Q14: In the context of Annex VI. 2 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a specific definition of the ‘’conclusive proof’’ that the shipment is taking place in the framework of a business-‐to-‐business transfer agreement? Countries that have not yet transposed the recast Directive are marked with N/A for this question.


2 3 10 2

Austria

x

Belgium x Bulgaria

x

Denmark

x

Estonia

x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x Romania x

Slovakia

x Slovenia

x

Spain

x Sweden

x

UK x

Page 27 of 146

4.15 Minimum requirements for shipments – functionality test Q15: As required by Annex VI. 3 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a protocol or guidelines for a functionality test? For details of the specific answers provided, please consult Annex A. Countries that have not yet transposed the recast Directive are marked with N/A for this question.

Q.15 Yes No N/A Other No

Answer

2 2 9 3 1

Austria

x

Belgium x Bulgaria

x

Denmark

x Estonia

x

Finland

x Germany

x

Ireland

x Italy

x

Norway

x Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK x

Page 28 of 146

4.16 Waste shipment inspections Q16: Under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union? Countries that have not yet transposed the recast Directive are marked with N/A for this question.


8 1 7 1

Austria x

Belgium x Bulgaria

x

Denmark

x Estonia

x

Finland x Germany x Ireland

x

Italy

x Norway x

Portugal

x Romania x

Slovakia x Slovenia x Spain

x

Sweden x UK

x

Page 29 of 146

4.17 Financing the costs of the inspections Q17: Who is financing the costs of the inspections? This question is similar to Q6 above as it relates to the financing of inspections. This question provided respondents with the following choices for answers:

• Producers • Third parties acting on their behalf • Other persons arranging the shipment of used EEE suspected to be WEEE

The question was answered by Austria, Belgium, Finland, Germany, Norway, Slovakia, Slovenia and Sweden. The question was not answered by Spain, Portugal or Romania. The question was not applicable to the remaining countries as they have already transposed the Directive.

Q.17 Producers Third Parties

Other persons acting on their behalf

Other No Answer

0 0 2 6 2

Austria

x

Public Authority

Belgium

x


Bulgaria

Not applicable Denmark

Not applicable

Estonia

Not applicable Finland

x

Other: Government of Finland

Germany

x

Costs of inspections are financed by the legal entity responsible for the inspection unit. Under the Länder regulations on administrative costs, the waste shipment authorities may usually levy fees for a waste shipment inspection on the person who has given rise to that inspection, e.g. by giving reason to suspect an illegal shipment. The costs of routine inspections (spot checks), however, would normally be borne by the authority itself. Some Länder (e.g. Bavaria, Mecklenburg-‐Vorpommern) have recently introduced legislation that companies have to pay also the costs of routine inspections.

Ireland

x Not applicable Italy

x Not applicable

Norway

x


Portugal

x No answer Romania x No answer Slovakia

x

Government, Public budget

Slovenia

x

In Slovenia inspections are carried out as official duty, facilities do not pay any specific fees or charges.

Spain

x No answer

Sweden

x

Other: It differs depending of which authority and where (geographically) the inspections are conducted.

UK

x Not applicable

Page 30 of 146

4.18 Program to exchange information on inspections Q18: Is there any actual or future program to exchange information on inspections carried out? Countries that have already transposed the recast Directive are marked with N/A for this question.

Q.18 Yes No N/A No Answer

8 1 6 2

Austria x

Belgium x Bulgaria

x

Denmark

x Estonia

x


x

Italy

x Norway x

Portugal

x

Romania x Slovakia x

Slovenia x Spain

x

Sweden x UK

x

Page 31 of 146

4.19 Regulation on shipments of waste Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? Countries that have already transposed the recast Directive are marked with N/A for this question.


5 5 6 1

Austria x

Belgium x Bulgaria

x

Denmark

x Estonia

x

Finland x Germany

x

Ireland

x Italy

x

Norway x Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden x UK

x

Page 32 of 146

4.20 Monitoring of shipments of used EEE Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? For details of the specific answers provided, please consult Annex A. Countries that have already transposed the recast Directive are marked with N/A for this question.


1 5 6 4 1

Austria

x Belgium x

Bulgaria

x Denmark

x

Estonia

x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK

x

Page 33 of 146

4.21 Guidelines for proving EEE shipment is not waste Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? For details of the specific answers provided, please consult Annex A. Countries that have already transposed the recast Directive are marked with N/A for this question.


Answer

2 4 6 4 1

Austria

x Belgium x

Bulgaria

x Denmark

x

Estonia

x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden x UK

x

Page 34 of 146

4.22 Certificate of functionality for appliances transported Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? Countries that have already transposed the recast Directive are marked with N/A for this question.


4 4 6 2 1

Austria x Belgium x Bulgaria

x

Denmark

x Estonia

x

Finland x Germany

x

Ireland

x Italy

x

Norway

x Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden x UK

x

Page 35 of 146

4.23 Functionality certificates accredited by a competent authority Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? Countries that have already transposed the recast Directive are marked with N/A for this question.


1 5 6 2 3

Austria

x Belgium x

Bulgaria

x Denmark

x

Estonia

x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK

x

Page 36 of 146

4.24 Functionality test guideline Q24: Is there a protocol or guidelines to perform a functionality test? For details of the specific answers provided, please consult Annex A. Countries that have already transposed the recast Directive are marked with N/A for this question.


1 3 6 5 2

Austria x Belgium

x

Bulgaria

x Denmark

x

Estonia

x Finland

x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK

x

Page 37 of 146

4.25 Protecting EEE during transport Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? For details of the specific answers provided, please consult Annex A. Countries that have already transposed the recast Directive are marked with N/A for this question.


Answer

1 5 6 4 1

Austria

x Belgium

x

Bulgaria

x Denmark

x

Estonia

x Finland x

Germany

x Ireland

x

Italy

x Norway

x

Portugal

x

Romania x Slovakia

x

Slovenia

x Spain

x

Sweden

x UK

x

Page 38 of 146

4.26 Permits for treating WEEE Q26: Under your national legislation, what permits are required for treating WEEE? The prompts given with the question were: For example: separation, recycling, pre-‐treatment, treatment, final treatment, & disposal etc. This question provided a broad range of answers from all countries.

Q.26 Yes Other Under your national legislation, what permits are required for treating WEEE?

15 1

Austria

x Follows soon in the novella of the WEEE Ordinance ...

Belgium x

All of the above. See also: Q10. Reuse centers: -‐ will need to have an environmental license for storage, sorting, testing, cleaning and repairing of WEEE, in case they accept used EEE without carrying out a preliminary visual selection -‐ won’t need to have an environmental license for storage, sorting, testing, cleaning and repairing of WEEE, in case they accept used EEE that have passed a preliminary visual selection Other WEEE treatment and disposal organizations will need to have an environmental license.

Bulgaria x

According to the national legislation, a waste treatment permit is required for all kinds of operations falling in the scope of waste treatment as defined in the European Waste Framework Directive. [Art. 3, point 14 Treatment means recovery or disposal operations, including preparation prior to recovery or disposal.]

Denmark x

You must have an environmental approval from the competent authority in order to treat WEEE, see http://eng.mst.dk/topics/industry/environmental-‐permits-‐for-‐industry/environmental-‐permits-‐for-‐industrial-‐activities-‐listed/xx

Estonia x

Waste permit and hazardous waste treatment licence is required if collecting and treating (preparation for recovery and recycling, recovery, recycling, etc) of WEEE which is classified as hazardous waste. Waste permit is required if collecting and treating (preparation for recovery and recycling, recovery, recycling etc) WEEE which is classified as non-‐hazardous waste.

Finland x

An environment permit is required (see the Environment Protection Act 86/2000; http://www.finlex.fi/fi/laki/kaannokset/2000/en20000086.pdf)

Germany x

In general, waste treatment facilities need to have a permit depending on the throughput and the treated material (i.e. facilities falling under the Industrial Emissions Directive) As WEEE has regularly to be considered as hazardous waste, a permit or at least an entry into the registry may be necessary for collection, separation, transportation and treatment of waste (see Art. 26 of the Waste Framework Directive). Furthermore, treatment facilities for WEEE need to be certified according to the provisions set out in Article 11 of the Electrical and Electronic Equipment Act (ElektroG).

Ireland x

Any organisation carrying out the treatment of WEEE will require either a Waste Facility permit (issued by their local authority) or a licence issued by the EPA.

Italy x

Separation, recycling, pre-‐treatment, treatment, final treatment, & disposal

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Norway x

Treatment plants need a permit from our County generals, which is a regional level of government. The permits are for all kinds of treatment of WEEE.

Portugal x

For all operations listed Romania x An environmental permit issue by the local environmental agency

Slovakia x

In 1. step permission from district office, in 2. step Authorisation from MoE of SR. Permission is for collecting, storaging, pre -‐ treatment and recycling of WEEE, Authorisation is for Pre -‐ treatment and recycling of WEEE

Slovenia x

Different environmental permits, certificates of entry in the register of collectors certificates of registration in the register of producers and persons acquiring of EEE

Spain x

Instalation (separation, storage, sorting, treatment, etc): Permit Waste Manager: Permit Broker: Registration Dealer: Registration Carrier/Transporter: Registration

Sweden x

Ordinance (NFS:2005:10) concerning professional pre-‐ treatment of WEEE.

UK x

Formal accreditation under the WEEE Regulations and an Environmental Permit.

Page 40 of 146

4.27 Penalties for collection and trading offenses Q27: Under your national legislation, what are the specific WEEE related penalties for collection and trading offenses? The prompts given with the question were: Please give details of financial implications, criminal and civil sanctions etc. Each country responded to this question, some with a large degree of detailed information. In certain instances, countries provided the section within their national legislation which details the penalties applicable to WEEE related offences.

Q.27 Under your national legislation, what are the specific WEEE related penalties for collection and trading offenses?

Austria

Financial fees* and administrative procedures *depends on the province (in Austria are 9 provinces)

Belgium

Administrative enforcement -‐ Exclusive administrative fine: foreign environmental offence max. € 50 000 -‐ Alternative administrative fine; for environmental crimes: max. € 250 000 Criminal law provisions -‐ Any intentional or negligent violation of the law: one month to two years and/or € 100-‐ € 250 000 These are covered by the provisions for waste related offenses, as foreseen in Article 16.6.3.§1 of Decree of the Flemish Parliament Act of 5 April 1995 containing general provisions regarding environmental policy: -‐ intensional offenses: imprisonment from 1 month up to 5 years, and a financial penalty of 100 euro up to 500.000 euro -‐ non intensional offenses: imprisonment from 1 month up to 3 years, and a financial penalty of 100 euro up to 350.000 euro

Bulgaria

Administrative sanctions are imposed for administrative offences. Offences which represent crimes are subject to criminal penalties. The Waste Management Act provides different sanctions for different offences related to waste treatment. The specific WEEE-‐related sanctions are laid down in Art. 141 of the Waste Management Act and read as follows: Article 141. (1) A pecuniary penalty of BGN 3,000 (~€1,530)or exceeding this amount but not exceeding BGN 10,000 (~€5,110) shall be imposed on any sole trader or legal person who or which: 1. fails to take appropriate measures to ensure the separate collection and treatment of WEEE formed from EEE which it places on the market; 2. deliberately impairs the integrity of waste gas-‐discharge lamps and cathode ray tubes, unless it holds a permit or an integrated permit pursuant to Article 35 for this operation; 3. collects and stores WEEE, including gas-‐discharge lamps, in the open or in open receptacles or containers; 4. places WEEE in receptacles for household waste or mixes WEEE with other waste; 5. disposes of WEEE, of parts or materials therefrom which are recyclable and/or recoverable; 6. submits for landfilling WEEE which has been collected separately; 7. fails to dispose of waste from pre-‐treatment of WEEE which is not subject to re-‐use, recycling and/or recovery pursuant to the requirements of this Act and of the statutory instruments of secondary legislation for its implementation; 8. sells EEE to end users at retail premises where there are no receptacles for collection from end users of WEEE from households or the receptacles do not comply with the legal requirements; 9. does not accept from end users free of charge WEEE generated by households in the same quantities and of the same type or with the same functions as the equipment purchased by end users within the opening hours of the retail premises; 10. sells EEE to end users at retail premises without clearly visible signs informing consumers of the possibilities of take-‐back of WEEE in accordance with the requirements of the ordinance referred to in

Page 41 of 146

Article 13, paragraph 1; 11. sells EEE to end users and has not concluded a contract ensuring the servicing of receptacles for take-‐back of EEE generated by households, its transport and submission for recycling or recovery to persons holding the relevant permit; 12. places on the market EEE intended for use in households without instructions or user guidelines containing the necessary information in the Bulgarian language in accordance with the requirements of the ordinance referred to in Article 13, paragraph 1. (2) In the event of a repeated violation under paragraph 1 a pecuniary penalty of BGN 6,000 (~€3,070) or exceeding this amount but not exceeding BGN 20,000 (~€10,230) shall be imposed. In addition to the above, the overall administrative sanction for illegal shipment (incl. illegal shipment of WEEE) reads as follows: Art. 150 (2) For shipments of hazardous waste defined as illegal pursuant to Article 2(35) of Regulation (EU) No 1013/2006 or for violating any of the prohibitions under Article 98 natural persons shall be sanctioned with a fine of BGN 3000 (~€1,530) or exceeding this amount but not exceeding BGN 15,000, (~€7,670) and legal persons and sole traders shall be sanctioned with a pecuniary penalty of BGN 50,000 (~€25,565)or exceeding this amount but not exceeding BGN 250,000 BGN (~€127,825)

Denmark Penalties are defined in the WEEE-‐order, §60. The size of fines are determined by court

Estonia

According to the Waste Act maximum penalty is 32 000 EUR to a legal person (as misdemeanour). According to the Penal Code for violation of waste transport between countries, where a substantial amount of waste shipment took place, punishable by a pecuniary punishment or up to one year of imprisonment.

Finland There are no specific WEEE related penalties, the provisions of the Waste Act and the Environment Protection Act apply also to them. In more severe cases the Criminal Code of Finland (39/1889; http://www.finlex.fi/fi/laki/kaannokset/1889/en18890039.pdf) applies

Germany

The illegal shipment of waste is a criminal offense pursuant to Article 326 (2) of the Criminal Code und can be punished with imprisonment of up to three years or a fine. If grave environmental damage has been caused, the imprisonment may run up to 10 years pursuant to Article 330 of the Criminal Code. The attempt can also be a criminal offense. In addition, administrative offences are in place according to Article 18 of the German Waste Shipment Act and the Ordinance on Fines for Waste Shipments.

Ireland

Under the new WEEE Regulations, a person guilty of an offence under (a) regulation 10, 13, 15, 29, or 30 of the Regulations is liable on a summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both. (b) Any other regulation of the Regulations is liable (i) On summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both or (ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both. Under the TFS Regulations (2007): 1) A prosecution for a summary offence under these Regulations may be taken by the competent authority. (2) A person guilty of an offence under these Regulations is liable— (a) on summary conviction, to a fine not exceeding €3,000, or imprisonment for a term not exceeding 3 months, or both, or (b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.

Italy Criminal sanctions based on the waste mother law

Norway

There are no specific penalties for WEEE, but there are general penalties related to waste in the pollution control act, available here: http://www.regjeringen.no/en/doc/laws/acts/pollution-‐control-‐act.html?id=171893 § 79. Criminal liability for unlawful waste management Fines or imprisonment for a term not exceeding three months or both will be imposed on any person that wilfully or through negligence a. discards or empties waste that has been collected, large discarded objects or special waste in such a way that that it may be unsightly or cause damage or nuisance to the environment, b. fails to comply with orders to implement measures against waste issued pursuant to section 37,

Page 42 of 146

c. is accessory to such contravention as is mentioned in litras a and b. Regulations issued pursuant to sections 30, 31, 32 and 33 may lay down that any person that contravenes the regulations shall be liable to fines. If the contravention of the first paragraph has only resulted in insignificant damage or nuisance, public prosecution will only take place if the pollution control authority applies for this.

Portugal Listed on art.32º of DL 230/2004.

Romania

Illegal collection is not addressed under the specific legislation (the transposition of the Directive 2002/96/EC). It may somehow be penalized indirectly for the lack of environmental permit using the provisions of the Emergency Ordinance 195/2005 on the protection of environment. The fine is from 5 000 to 10 000 RON (~€1,137 to €2,275) for natural persons and from 30 000 to 60 000 RON (~€6,825 to €13,645) to legal person. Illegal import of waste is sanctioned with prison terms between 6 months and 5 years, according to the article 63 (1) letters a) and e) of the law 2011/2011 on waste. Illegal export is only theoretically considered as a criminal offence by the Law 6/1991 for the ratification of the Basel Convention. It's just a copy of the article 4 (3) of the Basel Convention, without additional details like the value of the fine or the prison terms.

Slovakia Yes, in national legislation are defined penalties. 1. For corporate entity 2. For citizens

Slovenia Penalties are in accordance with the regulation for legal persons: from 4.000 € to 120.000 €; responsible person of legal person: from 120 € to 1.200 €.

Spain There are no distintion between WEEE or other wast regarding penalties. Penalties are the same as the rest of waste (and depends on if they are hazardous or not). These penalties are described on articles 45 and 46 of our national Law on Waste (Ley 22/2011 de residuos).

Sweden There are criminal sanctions linked to trading and collection offenses in the Swedish environmental code.

UK The enforcement agencies have a range of penalties from informal and formal cautions up to fines and withdrawal of approval. For deliberate fraud and other serious offences, imprisonment is an option. Further information can be found in Part 14 Regulation 90 -‐ 96 of the WEEE Regulations.

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4.28 Pollution as a result of waste treatment Q28: Under your national legislation, are there special provisions that address pollution as a result of waste treatment?


13 3 0 1

Austria

x

Belgium x Bulgaria x Denmark x Estonia

x

Finland x Germany x Ireland x Italy x Norway x Portugal x Romania x

Slovakia

x Slovenia x

Spain

x Sweden x

UK x

Page 44 of 146

4.29 Liability for illegal trade of e-‐waste Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste? This question provided a blank text field for respondents to provide their answers. Responses ranged in the level of detail provided. No answers were received from Portugal and Finland.

Q.29 Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste?

Austria Public authority

Belgium

-‐ the owner -‐ the person organizing the transport (incl. traders, brokers, collectors) -‐ But also those who willingly and knowingly aid the illegal shipment -‐ the shipping agent, who has the responsibility to check the quality of the items that are exported by his clients -‐ the customs agent, in some cases -‐ the operator of the loading point

Bulgaria Liable for criminal prosecution are only individuals.

Denmark The person who should have notified the shipment of the waste as defined in the waste shipment regulation, art. 2 (15).

Estonia The Prosecutor's Office draws proceedings. The Environmental Inspectorate is investigating authority under the Code of Criminal Procedure.

Finland No answer

Germany

As illegal shipment of waste constitutes a criminal offense, any person responsible for it is liable for prosecution. This concerns primarily the person who arranged the shipment but may also affect other people involved in it like the carrier, the driver of the transport vehicle or persons who handed over their waste to the exporter knowing that it would be shipped illegally. Anyone whose misconduct with regard to illegal trade of e-‐waste may be verified should be held liable.

Ireland The notifier of the waste is the person considered to be responsible for waste shipments. The NTFSO follow the definition of notifier as set out in Regulation (EC) 1013/2006 which can include the holder of the material.

Italy Depends on the identification of the illegal act that is identified

Norway

It could be the holder of the object which is the natural or legal person who is in possession of it, because the holder is defined in the waste shipment regulation (Regulation (EC) no. 1013/2006), article 2: ‘holder’ is the producer of the waste or the natural or legal person who is in possession of it. The holder, or the responsible, can therefore be the owner of the object or the exporter of the object. In addition, if the WEEE is exported from a take-‐back company/return scheme, this company is also responsible for the shipment, in accordance with Norwegian waste regulations.

Portugal No answer

Romania Exporter of waste from Romania (not quite clear, see answer to the question 27). Importer of waste into Romania.

Slovakia Police, and all persons who trade with e-‐waste outside of law and the damage is higher then 265 EUR.

Slovenia Police; any natural or legal person whose action is considered as a criminal offence according Penal code

Spain

When there is an illegal shipment of waste, the responsible is the one that organizes the shipment and the producer that has generated the waste if it has not been delivered to and authorized agent. Regarding who should be prosecuted, in our opinion it should be these same 2. The one that organizes the illegal transfer (whether or not it´s a waste manager) and the producer that delivers the waste to an unauthorized manager.

Sweden Any authority conducting environmental enforcement linked to the environmental act within the country is obliged to report any suspected illegal activity. In first place the exporter/ person arranging the shipment should be prosecuted.

UK Exporter

Page 45 of 146

Page 46 of 146

4.30 Type of offence Q30: Is liability with regard to the illegal trade of e-‐waste considered to be:

Q.30 Criminal Administrative Civil Other No Answer

16 10 3 1 1

Austria x x Belgium x

Bulgaria x x Denmark x

Estonia x x

x Finland x x

Germany x x Ireland x x x

Italy x x Norway x

Portugal

x

Romania x Slovakia x x x

Slovenia x x x Spain x x

Sweden x UK x

Page 47 of 146

4.31 Legal persons’ liability Q31: Is legal persons’ liability established under your legislation?

Q.31 Yes No No Answer

14 2 1

Austria x Belgium x Bulgaria x Denmark x Estonia x Finland x Germany x Ireland x Italy

x

Norway x Portugal

x


Slovenia x Spain x Sweden x UK x

Page 48 of 146

4.32 Type of corporate office Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature?

Q.32 Criminal Admin Civil Other No Answer

12 9 4 1 3

Austria x x x Belgium x

Bulgaria

x Denmark x

Estonia x x

x Finland

x

Germany x x Ireland x x x

Italy x x Norway x

Portugal

x

Romania x Slovakia x x x

Slovenia x x x Spain

x

Sweden x UK x

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4.33 Provision for joint liability Q33: Is there a provision for joint liability? For details of the specific answers provided, please consult Annex A.

Q.33 Yes No Other No Answer

5 5 4 3

Austria

x

Belgium x Bulgaria

x

Denmark

x Estonia x

Finland

x

Germany x Ireland

x

Italy x Norway

x

Portugal

x

Romania x Slovakia

x

Slovenia

x Spain x

Sweden

x UK

x

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4.34 Legislation adequate to prosecute offenses Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste?


7 6 4

Austria

x

Belgium x Bulgaria

x

Denmark

x Estonia

x


x

Italy

x Norway

x

Portugal

x


Slovenia x Spain x Sweden

x

UK x

For illustrative purposes, the respondents to this question can be categorised as follows:

Country Organisation Type of Respondent Austria Austrian Coordination body for WEEE Policy Maker Belgium Public Waste Agency Policy Maker Bulgaria Ministry of Environment Policy Maker Denmark Environmental Protection Agency Policy Maker Estonia Ministry of Environment Policy Maker Finland Ministry of Environment Policy Maker Germany Ministry of Environment Policy Maker Ireland Shipment of Waste Office/EPA Policy Maker Italy Compliance Scheme Industry

Norway Environment Agency Policy Maker Portugal WEEE Processor Industry Romania Appliance Association Industry Slovakia Ministry of Environment Policy Maker Slovenia Ministry of Environment Policy Maker Spain Scrap Dealers Association Industry

Sweden Environmental Protection Agency Policy Maker United Kingdom Compliance Scheme Industry

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4.35 Additional national provisions to enhance prosecution Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases?

Q.35 In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases?

Austria Mandatory controls (high financial expenses) Belgium None Bulgaria No answer Denmark No answer Estonia See the previous answer. Penalty rates should depend on the amount of illegal waste. Finland See answer to Q. 34

Germany

No additional provisions should be included. See above Q34. A rewording of the German StGB should clarify that, like under English and Dutch law, an illegal waste shipment is already completed when it leaves the point of departure (last loading point) in Germany.

Ireland No answer

Italy It is needed to implement/plan a programme or strategy to monitor the entire system, and same responsibility for producers and all subjects that hold waste and dispose their treatment directly

Norway See answer to Q. 34 Portugal No answer

Romania Clear penalties for illegal export of waste. Provisions regarding regular checks of the enforcement bodies (Environmental Guard, Customs). Specific penalties for illegal collection of e-‐waste and regular checks of the compliance.

Slovakia More human resources, personal potential. Stronger environmental policy. Slovenia No answer Spain It´s not necessary the addition of other provisions.

Sweden No answer UK We believe the limiting factor is the level of enforcement resource rather than National legislation

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4.36 Additional international provisions to enhance prosecution Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases?

Q.36 In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases?

Austria Transnational legislation and uniform approach

Belgium

Regulation 1013/2006 : basic provisions are the same in every member state, but individual differences exists in classification of certain waste streams as green listed (annex VII) or orange listed waste (notification procedure). Those differences in classification also exists for WEEE ! Consequence : a lot of different points of vue, which in fact aide the offender and make prosecution more difficult. Offenders try to send their waste to the EU member state with the most flexible classification (e.g. green listed) and export their waste form this member state to outside EU. Should the illegal shipment be detected between 2 member states they will use the difference in classification for not getting prosecuted.

Bulgaria No answer

Denmark

The suggestions made in Q35 could also be an international ban. Annex VI could be expanded to cover all shipments of EEE, not only the ones suspected to be WEEE. Very difficult to enforce in real life. Maybe it is not necessary to have more legislation but instead focus on more cooperation between member states on shipments.

Estonia Directive 2008/99, Article 3 (c) should specify what non-‐negligible quantity is. Finland No answer

Germany No additional provisions should be included. To be examined in more detail. Ireland No answer Italy It is needed to try to get an homogeneous legislation with the same conditions, rules and sanctions

Norway WEEE can be listed as a type of waste on annex V as hazardous and subject to export prohibition under article 36 of EC 1013/2006. We have experienced difficulties in proving the E-‐waste is hazardous waste, as described under question 37.

Portugal No answer Romania Specific criteria for the appliances exported for reuse.

Slovakia In international waste legislation are not defined the provissions for prosecution. This should be defined in the national legislation.

Slovenia No answer Spain It´s not necessary the addition of other provisions.

Sweden No answer UK Better coordination between enforcement bodies in the European Union

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4.37 Additional information Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE.

Q.37 Please provide any additional information you may deem important in relation to the illegal trade of WEEE.

Austria No answer Belgium None Bulgaria No answer Denmark No answer

Estonia It may happen that EEE is taken into parts and parts are exported instead of whole EEE suspected to be WEEE.

Finland No answer

Germany See the report of a study at http://www.umweltbundesamt.de/publikationen/transboundary-‐shipment-‐of-‐waste-‐electrical

Ireland

Electrical and Electronic Equipment (EEE) in the context of the WEEE Directive refers to equipment falling within the categories of 1-‐10 of the Directive. Generally, EEE determined in scope of the Directive is a finished product (e.g. external electronic products); a motherboard or printed circuit board are deemed to be finished products but are only a component part of a finished product (computer). The term Equipment in the Basel Technical Guidelines (TG’s) moves beyond the WEEE definition to include components, however III (b) refers to equipment which is not complete…essential parts are missing which adds ambiguity to whether internal components are covered under the TG’s.

Italy No answer

Norway

We have experienced that it has been difficult in practice to prove that the illegal shipment of WEEE in question is listed as hazardous in annex V of the Regulation EC 1013/2006, and therefore deemed to be illegal under article 36. For example, it has been difficult for the authorities to find appropriate documentation that the WEEE in question contain or is contaminated with cadmium, lead or beryllium to an extent that they possess any of the characteristics in Basel Convention Annex III (or nationally defined as hazardous waste ) as in A1020 under Annex V of the regulation. Likewise for E-‐waste falling under the code A 1180 in Annex V. We have experienced that it is difficult to prove that the E-‐waste exported illegally is hazardous waste. The waste is often not returned to Norway, therefore we do not have the possibility to analyse the waste to find out if it is above or below the limit value for hazardous waste. We recently dismissed a case where this was a problem.

Portugal As a treatment facility we think exports of WEEE should not be allowed provided there is national capacity for treatment. We think WEEE (or EEE for reutilization) exports could lead to illegal operations abroad and are a hit to national economies and employment.

Romania

A situation that may not be so obvious is the export of the WEEE, especially large appliances as scrap metal. We suspect that important quantities of refrigerators and washing machines, partially dismantled in illegal conditions, were exported as scrap metal. The "white" spots were quite visible some years ago in the pile of scrap iron waiting to be exported from the Constanta harbor.

Slovakia All information is included in above mentioned answers. Slovenia No answer Spain No answer

Sweden No answer UK No answer

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4.38 CWIT consortium to contact Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire?


10 5 2

Austria x

Belgium x Bulgaria

x

Denmark

x

Estonia x Finland

x

Germany

x

Ireland x Italy x Norway x Portugal

x


Slovenia

x Spain x

Sweden

x UK x

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4.39 Receive updates from CWIT Project Q39: Would you like to receive updates, newsletters and publications from the CWIT Project?


14 1 2

Austria x

Belgium x Bulgaria x Denmark

x

Estonia x Finland

x

Germany

x

Ireland x Italy x Norway x Portugal x Romania x

Slovakia x Slovenia x Spain x Sweden x UK x

Page 56 of 146

5 INTERNATIONAL QUESTIONNAIRE

A full outline of answers is provided in Annex B – Responses to International Questionnaire. Answers to the international questionnaire were also received from Slovakia and France and have been included in the synthesis of information below. Respondents to the international questionnaire included those stakeholders that had registered on the CWIT website and relevant stakeholders known to consortium members. These included policy makers, Ministry of Environment personnel, industry participants and previous participants in the StEP Initiative’s E-‐waste Academy Managers (EWAM) program.3 The respondent countries for the international questionnaire presented a mix of established legislative frameworks together with others still under development (i.e., for Canada where the e-‐waste legislation is primarily provincial in nature or in New Zealand where a formal WEEE type law has not yet been enacted).

Country Organisation Type of Respondent Canada Academia Chile Compliance Scheme Industry China Academia France Academia Japan Ministry of Environment Policy Maker Kenya Environment Management Authority Policy Maker

New Zealand Ministry of Environment Policy Maker Nigeria Environmental Standards Enforcement Agency Policy Maker Slovakia Ministry of Environment Policy Maker

Table 2 -‐ Type of respondents to the International Questionnaire

5.1 National legislation and policies Q1: Please list all national legislation and policies that affect e-‐waste. Most countries answered this question with references to their national laws where possible. In a number of cases, there were no specific WEEE laws in force within the countries.

Q1 Please list all national legislation and policies that affect e-‐waste.

Canada

Lepawsky, Josh. 2012. Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production. Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Chile Currently, there are no specific regulations for the management of WEEE They are under the Health Regulations Hazardous Waste (DS 148).

China

1. List of Prohibited Goods to be Imported for Processing or Trade, that any e-‐waste is not allowed for import into China; 2. The Ordinance on Management of Prevention and Control of Pollution from Electronic and Information Products, similar to the EU RoHS, this ordinance regulates the use of hazardous materials in EEE; 3. Administrative Measures on Pollution Prevention of Waste Electrical and Electronic Equipment, this regulates that recyclers needs to register and obtain license from the government, in order to conduct recycling on e-‐waste; 4. The Regulation on Management of the Recycling and Disposal of Waste Electrical and Electronic

3 http://www.step-‐initiative.org/index.php/ewam.html

Page 57 of 146

Equipment, similar to the EU WEEE Directive, it clearly regulated the principle of EPR, and defines that producers have to pay for the cost for collecting and treating e-‐waste.

France

Japan

Waste Management and Public Cleansing Law Law for the Promotion of Effective Utilization of Resources Law for the Recycling of Specified Kinds of Home Appliance Law for the Control of Export, Import and Others of Specified Hazardous Wastes and Other Wastes

Kenya

1. environment policy (draft) 2. Revised waste management regulations 3. ICT policy 4. Regulation on ozone depleting substances

New Zealand

1) Waste Minimisation Act 2008 (WMA): was introduced to ‘encourage waste minimisation and decrease waste disposal in New Zealand’. Under the WMA, a $10 per tonne levy (excluding GST) on all waste disposed of to landfill was imposed from 1 July 2009. The WMA helps and, when necessary makes, producers, brand owners, importers, retailers, consumers and other parties take responsibility for the environmental effects of their products through product stewardship schemes. The WMA gives the Government the ability to recognise and endorse both voluntary and mandatory product stewardship schemes through accreditation. The purpose of product stewardship as set out in the Waste Minimisation Act is to encourage (and in certain circumstances require) people and organisations involved in the life of a product to share responsibility for: ensuring effective reduction, reuse, recycling or recovery of products managing environmental harm arising from the product when it become waste. Note the WMA is framework legislation and to date no products have been declared priority products and no regulations have been made for requiring product stewardship. http://www.legislation.govt.nz/act/public/2008/0089/latest/DLM999802.html 2) The obligations relating to the import and export of hazardous e-‐waste are specified in the Imports and Exports (Restrictions) Act 1988 and the Imports and Exports (Restrictions) Order (No. 2) which is made under the Act. This legislation enables New Zealand to meet its obligations under the Basel, Stockholm and Waigani Conventions. http://www.legislation.govt.nz/regulation/public/2004/0202/latest/DLM271701.html?src=qs 3) http://www.mfe.govt.nz/issues/waste/weee-‐guidelines/index.html Ministry for the Environment guidelines Waste electrical and electronic equipment: guidance for collection, reuse and recycling -‐ not mandatory. 4) The Joint Australian and New Zealand Standard, ‘AS/NZS 5377:2013 Collection, storage, transport and treatment of end-‐of-‐life electrical and electronic equipment’ -‐ voluntary Standard for e-‐waste recyclers and others which outlines minimum requirements for the safe and environmentally sound handling of e-‐waste.

Nigeria

-‐NATIONAL ENVIRONMENTAL (ELECTRICAL/ELECTRONIC SECTOR) REGULATIONS 2011, STATUTORY INSTRUMENT 23. -‐HARMFUL WASSTE ACT (SPECIAL CRIMINAL PROVISIONS) CAP H1 LFN 2004. -‐ GUIDELINES FOR IMPORTERS OF USED ELECTRICAL AND ELECTRONIC QUIPMENT INTO NIGERIA

Slovakia

Law on waste Nr. 223/2001 in sound of all changes Regulation Nr. 315/2010 Z.z. about of charging with EEE and WEEE Regulation Nr. 310/2013 Z.z. Regulation Nr. 126/2004 Z.z.

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5.2 Stage of Development of national e-‐waste management regulation Q2: What stage of development is your national e-‐waste management regulation/ EPR (extended producer responsibility) based e-‐waste regulation at? Respondents were provided with a choice of answers to this question as follows:

• Enacted/implemented • In draft/incomplete • None • Other

Q2 Enacted/

Implemented In draft/

Incomplete Other

4 3 2

Canada x Chile x China x France

x

Japan x

Kenya x

New Zealand x Nigeria x Slovakia x

Canada: E-‐waste is mostly a sub-‐national jurisdiction i.e., provincial jurisdiction in Canada New Zealand: Policy development for regulations under the Waste Minimisation Act

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5.3 On what principle is the regulation based If the regulation is Enacted or in Draft, what principle is it based on: Respondents were provided with a choice of answers to this question as follows:

• EPR (Extended Producer Responsibility • Polluter pays • Other:

Q3 EPR Polluter pays

Other No Answer

6 2 1 1 Canada x Chile x

China x

France x Japan x x Kenya x New

Zealand x

Nigeria x Slovakia x

Canada: The legislation in Canada states EPR but actually enacts extended consumer responsibility through advance disposal fees.

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5.4 Regulated areas of EEE and e-‐waste Q4: Please identify all the areas related to EEE and e-‐Waste that are regulated in your country. Respondents were provided with a choice of answers to this question as follows:

• Product design • Registration • Reporting • Labelling • Collection/Separation • Treatment • Recovery • Other

Q4 Product Design Registration Reporting Labelling Collection/ Separation

Treatment Recovery No Answer

2 6 6 3 6 4 3 1 Canada x x Chile

x x x x

China x x

x x x

France x Japan x x x x x Kenya x x x x

New Zealand

x Nigeria

x x

Slovakia x x x x x x x

Page 61 of 146

5.5 Registration requirements for EEE put on the market Q5: Under your national legislation, do companies placing EEE on the market have to register with an official body? Answers are Yes/No.

Q5 Yes No No Answer

4 4 1 Canada x Chile x China x

France x

Japan x Kenya x

New Zealand x Nigeria x

Slovakia x

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5.6 Registration requirements details Q6: What are the registration requirements?

Q6 What are the registration requirements? Canada No answer

Chile This is under general hazardous law The recyclers the management system

China Producers have to register in local tax office (which they presumably already did in the past), and the local tax office will directly charge treatment fee according to their POM amount based on the tax declaration.

France No answer

Japan

Producers: responsibility for facilities (generally they committe their responsibility to facilities licenced by prefectural governers Recyclers: responsibility for E-‐waste recycling and disposal Generators: responsibility for recycling cost

Kenya No answer New

Zealand No answer

Nigeria

The name of the operator of the facility The registered office address and telephone number of the operator of the recycling plant or the importer where it is a body registered in Nigeria; Where the operator of the recycler plant or the importer is in partnership, the names of all partners in Nigeria should be provided; The address for service of notices if different from that referred to in paragraph 2; In the case of an application made by an operator of a recycling plant, the name and address of each recycling plant in respect of which it is applying for approval; Confirmation of whether or not the operator of the recycling plant or the importer has been convicted of an offence under these Regulations; and where a positive confirmation is given an explanation of how the contravention of these regulations which resulted in the conviction occurred and what steps have been taken to ensure such a contravention will not occur in the future; Certification of equipment by relevant statutory body; Approval by State’s Development Control Authority; Brief technical description of the process; Environmental Impact Statement or evaluation report as the case maybe; and Any other information that will help the Agency in fast tracking the approval.

Slovakia

Company name Place of the seat Category of EEE PoM in SR ID Nr., VAT ID Nr. Charging with WEEE -‐ individual or in cooperation with Kolektiv scheme Financing guarantee

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5.7 Product categories included Q7: Under your national legislation, what product categories are covered? Respondents were provided with a choice of answers to this question as follows:

• Appliances from households • Appliances from professions and businesses (e.g. medical devices) • IT and consumer equipment (radio, printers, phones etc.) • Cooling and freezing appliances (fridges, air conditioners) • White goods (large household appliances, e.g. washing machines) • Screens (TV, monitors) • Other mixed appliances (tools, toys, small appliances e.g. hair dryers, coffee machines etc.) • Other

Q7 Appliances

from Households

Appliances from

professions and

businesses

IT & Consumer equipment

Cooling & Freezing appliances

White goods

(washing machines)

Screens Other mixed

appliances Other No

Answer

4 4 5 6 4 5 3 2 1

Canada

x

Chile x China x x x x x France

x

Japan x x x x x x x

Kenya x x x x New

Zealand x

Nigeria x x x x x x x Slovakia x x x x x x x Chile: Only where it contains hazardous components Canada: There is no national legislation.

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5.8 Reporting information for EEE Q8: Under your national legislation, what information must be reported for EEE? The help prompt given to respondents was: Please provide information on who needs to report (e.g. Producer, Distributor, Compliance Scheme, etc.)

Q8 Under your national legislation, what information must be reported for EEE?

Canada

Lepawsky, Josh. 2012. Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production. Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Chile Does not apply

China Producers must report to the local tax office, for their sales amount of new products. The treatment fee is charged according to the reported amount.

France No answer Japan No answer Kenya No answer New

Zealand No answer

Nigeria Quantity of EEE put on the market by producer Quantity of e-‐waste collected from consumer by collectors

Slovakia

Amount of EEE PoM Collected WEEE Treated WEEE, Treated WEEE in SR, Treated WEEE in EU, Treated WEEE outside of EU Recycled WEEE, Recycled WEEE in SR, Recycled WEEE in EU, Recycled WEEE outside of EU Recovery efficiency Recycling efficiency Producer or Compliance scheme

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5.9 Collection system for e-‐waste Q9: Is there a collection system or infrastructure for e-‐waste in your country? The help prompt given to respondents was: Please describe in terms of how the waste is sorted (landfill etc.) and the type of organisation that regulates and manages the e-‐waste system (i.e. public/private body, regional/national etc.)

Q9 Is there a collection system or infrastructure for e-‐waste in your country?

Canada The infrastructure is largely a mix of public/private partnerships organized under provincial waste or environmental legislation.

Chile Private formal recyclers Producer manages their own system Some municipalities organize collection campaign and a few have permanent collection point

China

The whole e-‐waste system is managed by the government directly, and the treatment is carried out by qualified recyclers. Producers only pay for the cost based on their sales, and there is no requirement for them to set up compliance scheme or individual system. So far, the treatment facilities are in place, but collection channels are still under construction and development.

France No answer Japan No answer

Kenya Yes. we have one facility for collection and separation. It is a private entity and the government is looking at licensing some more players.. The National Environment Management Authority ( a public organization) will be in charge of implementing the revised waste management regulations

New Zealand

Yes. Currently a mix of; Council provided drop off facilities (local authorities); drop off sites managed by non-‐government organisations (not for profits) and takeback services provided by some producers for some products. Mostly B2B e-‐waste. Dismantling and sorting occurs onshore, approximately 10-‐15 service providers, some specialise in certain types of e-‐waste, such as lamps only. Commodities, components and whole units exported offshore for reuse and/or recycling. Some commodities, such as scrap metal, recycled in New Zealand.

Nigeria At the moment, there is no e-‐waste collection facility for the category of Electrical/Electronic goods covered by the regulations in Nigeria, although mechanism are currently being put in place for take-‐off of the programme.

Slovakia The WEEE is separate collected, all actors in WEEE system -‐ collectors, transporters, recyclers are private.

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5.10 Reporting requirements for e-‐waste Q10: Under your national legislation, are there reporting requirements for e-‐waste?

Q10 Yes No N/A No

Answer

6 1 1 1

Canada

x

Chile x China x France x Japan x

Kenya x

New Zealand x


5.11 Reporting requirements details Q11: What are the reporting requirements for e-‐waste? Q11 What are the reporting requirements for e-‐waste?

Canada No national legislation specifically for e-‐waste in Canada. Chile Does not apply

China

Recyclers should report to the environmental bureau for the amount of e-‐waste they have collected and treated. This is the basis for how much subsidy they will receive from the government. Usually they will report in pieces (for instance, how many units of TV they have dismantled), but they also need to provide mass balances of the treatment system (for instance, how much CRT glass is being generated from the dismantling). The mass balance is used for double checking whether the reported dismantling data is correct or not.

France No answer Japan Amount of treatment, types of treatment, etc.

Kenya this focuses on a number of areas such as; 1. Do they contain ozone depleting substances etc 2. have to conform to requirements of the Basel convention

New Zealand

In the WMA -‐ the framework and regulations are available for reporting requirements but no regulations are in place yet. Refer to the following sections of the WMA: 12(3)(e), 14(i) and 20 and 88(i)(f)

Nigeria File annual returns to the Agency on or before 30th June following the financial year. Maintain records of e-‐waste handled

Slovakia Annually, see answer to Q8 for each category of EEE, weight, Producers or CS are obliged to report to MoE

Page 67 of 146

5.12 Substances prohibited from landfill Q12: Are there substances or products prohibited from being landfilled within your national solid-‐waste and/or e-‐waste legislation? Respondents were provided with a choice of answers to this question as follows:

• Lead • Mercury • Cadmium • Hexavalent chromium • Polybrominated biphenyls (PBB) • Polybrominated diphenyl ether (PBDE) • Other:

Q12 Lead Mercury Cadmium Hexavalent chromium PBB PBDE Other

No Answer

4 4 4 4 3 3 2 3

Canada

x Chile x x x x x x China x x x France

x

Japan

x

Kenya

x New Zealand x

Nigeria x x x x x x x Slovakia x x x x x x

Canada: Don’t know New Zealand: Landfill Waste Acceptance Guidelines/Criteria (voluntary) https://www.mfe.govt.nz/publications/waste/haz-‐waste-‐guide-‐module-‐2-‐may04/html/page3.html Nigeria: Polychlorinated biphenyls (PCBs)

5.13 Collection target for e-‐waste Q13: Is there a collection target for e-‐waste?

Q13 YES: No N/A Other No Answer

1 3 1 1 3 Canada

x

Chile

x

China x France x Japan x Kenya

x

New Zealand

x


Canada: For individual provinces, yes (and is different from province to province). Nationally, no.

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5.14 Financing collection of e-‐waste Q14: Under your national legislation, who is responsible for financing the collection of e-‐waste? Q14 Under your national legislation, who is responsible for financing the collection of e-‐waste?

Canada

As phrased, the question is not applicable. Please see: Lepawsky, Josh. 2012. Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production. Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Chile Not applicable China Producers are responsible for the financing for the collection France No answer Japan Generators Kenya We expect private players to do this. Government will establish frameworks and policies New

Zealand No answer Nigeria Producers Slovakia Producers

5.15 Financing treatment of e-‐waste Q15: Under your national legislation, who is responsible for financing the treatment of e-‐waste? Q15 Under your national legislation, who is responsible for financing the treatment of e-‐waste?

Canada

As phrased, the question is not applicable. Please see: Lepawsky, Josh. 2012. Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production. Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Chile Not applicable China Producers are responsible for the financing for the treatment France No answer Japan Generators Kenya Private sector players New

Zealand No answer

Nigeria Producers Slovakia Producers

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5.16 Recycling targets Q16: If there are recycling targets for e-‐waste in your country, what are they?

Q16 If there are recycling targets for e-‐waste in your country, what are they? Canada No answer Chile Does not apply China There is no recycling target in the Chinese WEEE regulation yet France No answer Japan No answer Kenya we do not have at the moment

New Zealand No answer Nigeria Not yet developed Slovakia Yes. The target is 4 kg/inhabitant of all EEE categories

5.17 Usual collection route for reported e-‐waste Q17: What is the usual collection route for reported e-‐waste amounts?

Q17 Dedicated Containers for multiple waste

Retailers and shops

Curbside collection

Informal collectors None Other

No Answer

4 4 3 4

1

Canada x x x Chile x x x China x x France

x

Japan

x

Kenya x x New

Zealand x

Nigeria x x x Slovakia x x x

Chile: B2B China: Producers have to buy waste equipment in the waste market or suppliers, sometimes the source also include informal collectors and brokers.

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5.18 Permits for used EEE 5.18.1 Permits for collection of used EEE

Q18: Under your national legislation, are there permits required for the collection, storage, and transportation of used EEE? [Collection]

Q18.1 Yes No No Answer

2 4 3

Canada x Chile x China

x

France

x

Japan x Kenya x

New Zealand x Nigeria

x

Slovakia

x

5.18.2 Permits for storage of used EEE

Q18: Under your national legislation, are there permits required for the collection, storage, and transportation of used EEE? [Storage]


2 4 3 Canada

x

Chile

x

China x France x Japan x Kenya x

New Zealand

x


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5.18.3 Permits for transportation of used EEE

Q18: Under your national legislation, are there permits required for the collection, storage, and transportation of used EEE? [Transportation]

Q18.3 Yes No No

Answer

3 3 3

Canada

x Chile x China x France x Japan x

Kenya x

New Zealand x


5.19 Permits for e-‐waste 5.19.1 Permits for collection of e-‐waste

Q19: Are there permits required for the collection, storage, and transportation of e-‐waste? [Collection]

Q19.1 Yes No No

Answer

4 2 3

Canada

x Chile x China x France

x

Japan x

Kenya x

New Zealand x Nigeria x Slovakia x

5.19.2 Permits for storage of e-‐waste

Q19: Are there permits required for the collection, storage, and transportation of e-‐waste? [Storage]

Q19.2 Yes No No

Answer

4 2 3 Canada

x

Chile

x

China x France x Japan x

Kenya x

New Zealand x Nigeria x

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Slovakia x

5.19.3 Permits for transportation of e-‐waste

Q19: Are there permits required for the collection, storage, and transportation of e-‐waste? [Transportation]


3 3 3 Canada x Chile

x

China

x

France x Japan x Kenya x

New Zealand

x Nigeria

x

Slovakia x

5.20 Permits for e-‐waste actions Q20: Under your national legislation, which of the following e-‐waste actions require a permit?

Q20 Separation Recycling Pre-‐treatment Treatment Final Treatment Disposal Other No Answer

5 5 4 4 2 Canada x Chile x x China x x x x x x

France

x

Japan x x x x x x Kenya x x x x x x

New Zealand x Nigeria

x

x

Slovakia x x x x x

New Zealand: Export of e-‐waste under the Basel, Stockholm or Waigani Conventions and the OECD Decision.

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5.21 Penalties for collection and trading offences Q21: Under your national legislation, what are the specific e-‐waste related penalties for collection and trading offenses?

Q21 Under your national legislation, what are the specific e-‐waste related penalties for collection and trading offenses?

Canada No answer Chile Not applicable

China

When recyclers do not apply for an operation license from the local Bureau of Industry and Commerce, they will be fined for 50,000 to 500,000 RMB (roughly 5900 -‐ 59 000 euro), and their equipment and machinery will be confiscated. When recyclers do not apply for permit from the local Bureau of Environmental Protection to check the environmental standards and qualification of the process, they will be fined for maximally 100,000 RMB (11,750 euro), and their operation will be terminated. When recyclers do not operate according to the environmental standards of e-‐waste treatment (regulated by the Ministry of Environmental Protection), they will be fined for maximally 30,000 RMB (3526 euro) When the environmental bureau is making inspection in the treatment plant, the recyclers will be fined for 2000 -‐ 20000 RMB (235 -‐ 2350 euro) if they makes fraud or refuse the inspection. If they failed to improve according to the inspection result, they will also be fined for this range of penalty.

France No answer Japan No answer Kenya These constitute environmental offenses which are treated at the same level as criminal offences

New Zealand

"http://www.legislation.govt.nz/act/public/1988/0157/latest/DLM137934.html?search=ts_act_Imports+and+Exports+(Restrictions)+Act+1988_noresel&p=1 Offenses outlined under the Imports and Exports (Restrictions) Act 1988"

Nigeria

N500,000.00 (~€2,315) or imprisonment for 2 years for importation of unserviceable e-‐waste by individual and N1,000,000.00 (~€4,625) by body corporate. N200,000.00 (~€925) or imprisonment for 6 months or both and additional fine of N5,000 (~€23) for every day the offence subsists for any person or body corporate that discards e-‐waste anywhere except in designated collection centre, burn e-‐waste, break cathode ray tubes improperly, leach precious metals with acids and other hazardous waste from printed wire boards e.t.c.

Slovakia Financial implication from 300 EUR to 165 969,59 EUR

5.22 Additional information Q22: Please provide any additional information you deem important in relation to legal requirements.

Q22 Please provide any additional information you deem important in relation to legal requirements.

Canada

Your survey assumes the 'nation' to be the most relevant scale for legislation. This is not the case in Canada and only partially the case in the United States. As phrased, the question is not applicable. Please see: Lepawsky, Josh. 2012. “Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production.” Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Chile As we explain above, in Chile e-‐waste, are under the law of hazardous waste and as such generally respond to those standards. Unfortunately, there is no specific rule for e-‐waste

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China

The scope being covered by the Chinese WEEE legislation will subject to changes, according to latest discussion, development or public concerns. Producers are only financially responsible for the cost of the collection and treatment in China. They do not have to operate any physical activities, since all the work will be arranged by the government instead of producers.

France No answer Japan No answer Kenya No answer

New Zealand

I was not able to answer many of the questions as our current legislation provides the framework for product stewardship. Until regulations are made and a product stewardship scheme implemented for e-‐waste we cannot provide the detail on its design -‐ such as who will pay for what? who will report on what data? etc.

Nigeria No answer Slovakia No answer

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6 NEXT STEPS

This information contained in this report and the answers from each country will be uploaded to the Compliance & Risks database known as C2P. This information will be available to project participants and the European Commission as an important reference tool. Each country will have its legislation and the answers to the questionnaire clearly available. In addition, the further analysis into the implications of these responses will be compiled in Deliverable 3.3. This report will also be available to download from the C2P platform and a security checked version will be available to download from the project reports section of the CWIT website.

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Annex A Responses to EU Questionnaire

A.1 Austria

EU Questionnaire Austria

Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC)

-‐Waste Management Act 2002 -‐Ordinance of the Federal Minister of Agriculture and Forestry, Environment and Waste Management on Waste Prevention, Collection and Treatment of WEEE (WEEE-‐Ordinance) To Question 2: The transposition takes place shortly. The device list for WEEE is going to be updated as well

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? Not yet

Q3 – Q15 Not applicable Q16: Under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union?

-‐DutyGuard -‐ Platform Stop the illegal waste export -‐ Police (specially trained officers in the north and east of Austria)

Q17: Who is financing the costs of the inspections? Public Authority Q18: Is there any actual or future program to exchange information on inspections carried out?

http://www.awv.steiermark.at/cms/beitrag/10860930/166396/

Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)?

-‐ Waste Management Act (Abfallwirtschaftsgesetz -‐ AWG) -‐ WEEE Ordinance (Elektroaltgeräte-‐Verordnung -‐ EAG-‐VO) -‐ Waste Shipment Regulation (Abfallverbringungsverordnung

Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? No information, please contact Custom Authorities Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? Follows soon in the novella of the WEEE Ordinance Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? Yes Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? No

Q24: Is there a protocol or guidelines to perform a functionality test?

Shipment manual: https://secure.umweltbundesamt.at/edm_portal/cms.do?get=/dms/edm/portal/anwendungen/berichte-‐publikationen/Handbuch-‐Leitfaden-‐Abfall-‐versus-‐Gebrauchtware-‐-‐-‐de-‐eng_2013-‐08-‐08_Medium_Quality_end/Handbuch%20Leitfaden%20Abfall%20versus%20Gebrauchtware%20-‐%20de-‐eng_2013-‐08-‐08_Medium_Quality_end.pdf ReUSE Guide:

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http://www.bmlfuw.gv.at/umwelt/abfall-‐ressourcen/abfallvermeidung/RepaNet.html

Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? Follows soon in the novella of the WEEE Ordinance ... Q26: Under your national legislation, what permits are required for treating WEEE? Follows soon in the novella of the WEEE Ordinance ... Q27: Under your national legislation, what are the specific WEEE related penalties for collection and trading offenses?

Financial fees* and administrative procedures *depends on the province (in Austria are 9 provinces)

Q28: Under your national legislation, are there special provisions that address pollution as a result of waste treatment?

Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste? Public authority Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal, Administrative Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal, Civil, Administrative

Q33: Is there a provision for joint liability? Depends on the position and liability obligation Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? No, not enough manpower for permanent monitoring Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? Mandatory controls (high financial expenses) Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? Transnational legislation and uniform approach Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE.

Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.2 Belgium

EU Questionnaire Belgium Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC)

Materials decree, VLAREM and VLAREMA Environmental Enforcement decree Regulation 1013/2006 on Shipments of Waste

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? Yes Q3: In the context of Article 10.2 (Shipments of WEEE) transposition, did you define equivalent conditions in order to make sure exporters can prove that the treatment of exported WEEE is equivalent to the requirements of Directive 2012/19/EC?

Legal provisions in Vlarema : Art. 5.2.5.4. §1

Q4: In the context of Article 18 of Directive 2012/19/EC (Administrative Cooperation and Exchange of Information) transposition, is there any actual or future program to exchange information on inspections carried out?

Legal provisions in Vlarema : Art. 3.4.4.11. Inspection programme : OVAM-‐inspection programme on yearly basis includes inspection on all waste stream currently under a producer responsibility. (internal document – zie attached summary for 2014 – see file “2014-‐01-‐29-‐controles EEAM&transport_overzicht 2014_def versie (beperkt)”) Environmental Inspection programme of the Flemish Environmental Inspection on yearly basis includes specific inspection projects e.g. treatment of WEEE, export of WEEE/2nd hand EEE (downloads available on : http://www.lne.be/themas/handhaving/afdeling-‐milieu-‐inspectie/milieu-‐inspectieprogramma-‐mip/de-‐plannen) WEEE export inspections: -‐ national: formalized exchange of meta data on high risk actors from environmental inspectorate to customs and police -‐ international: ad hoc

Q5: As required by Article 23 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union in compliance with Regulation No 1013/2006 (Shipments of Waste Regulation)?

Environmental Inspection programme of the Flemish Environmental Inspection on yearly basis includes specific inspection projects e.g. treatment of WEEE, export of WEEE/2nd hand EEE (downloads available on : http://www.lne.be/themas/handhaving/afdeling-‐milieu-‐inspectie/milieu-‐inspectieprogramma-‐mip/de-‐plannen) The Flemish inspectorate division has a yearly inspection plan including the following elements: -‐ export inspections on container transports in port areas, with WEEE as one of the priority waste streams; inspections of WEEE are carried out according to an internal guideline which needs to be updated according to Annex VI of the WEEE Directive recast (foreseen in fall 2014) -‐ inspections of sites where WEEE are stuffed in sea containers and 2nd hand vehicles With regards to the control of WEEE export, the Flemish inspection plan is completed with the following:

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-‐ bimonthly inspection by the Federal environmental inspection services on port terminals where 2nd hand vehicles loaded with WEEE are shipped to African destinations. These inspections will be integrated into the Flemish inspection plan from 2015 on. -‐ routine inspection of containers and 2nd hand vehicles loaded with WEEE, through an automatized customs selection procedure based on risk profiles for WEEE export. The risk profiles are drafted jointly by the customs and the environmental inspectorates, and inspections are equally carried out together.

Q6: In the context of Article 23.3 of Directive 2012/19/EC (Inspection and Monitoring), who is financing the costs of the inspections?


Q7: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI of Directive 2012/19/EC (Minimum Requirements for Shipments)?

Environmental Inspection programme of the Flemish Environmental Inspection on yearly basis includes specific inspection projects e.g. treatment of WEEE, export of WEEE/2nd hand EEE (downloads available on : http://www.lne.be/themas/handhaving/afdeling-‐milieu-‐inspectie/milieu-‐inspectieprogramma-‐mip/de-‐plannen) The Flemish inspectorate division uses an internal guideline about the control of the export of WEEE to non-‐OECD-‐countries, using the following principles: -‐ in deciding whether a shipment is illegal or not, different inspections instruments should be used, in the following order of preference: document evaluation (invoices, test results, …), X-‐ray scan, returning and unloading the container or the vehicles at the loading-‐point, unloading the container in the port area -‐ preparing a file for prosecution: both the owner, the shipping-‐agent and, if applicable, the customs agent should be prosecuted This internal guideline will be updated in 2014. See also: Q5.

Q8: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, what are the measures implemented/planned to monitor shipments of used EEE?

Legal provisions in Vlarema : Art. 5.2.5.11 Currently inspections are carried out according to the current inspection plans: see Q5. Planned measures: -‐ review of the internal guidelines on the control of the export of WEEE to non-‐OECD-‐countries, in the light of the transposition of the WEEE Directive recast -‐ refresher course for customs officers by the environmental inspectorate -‐ 2015 inspection plan, to be drafted late 2014

Q9: In the context of Annex VI.1 (a) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that the equipment is destined for direct re-‐use and is fully functional?

Legal provisions in Vlarema : Art. 5.2.5.10

Q10: As stated in Annex VI (b) of Directive 2012/19/EC (Minimum Requirements for Shipments), have the organisations that are allowed to issue a certificate of testing and proof of functionality, been defined?

Legal provisions in Vlarema : Art. 5.2.5.8. (Flemish) Update of the VLAREMA legislation (yet to be published), introducing the idea of “reuse centers”.

Q11: Do these organisations have to be See also: Q10. Reuse centers

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accredited by a competent authority? -‐ will need to be inspected by an ISO 17020 accredited bureau, and this inspection will have to be repeated every four years. This inspection report will be placed at the disposal of the competent authorities -‐ will have to employ qualified staff Several ISO17020 accredited organisations : e.g. OWS, SGS, AIB vincotte are accredited by BELAC

Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste? There is no template available.

Q13: As referred in Annex VI. 1. (d) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a guide or set of criteria to define appropriate protection of the goods against damage during transportation, loading and unloading?

Currently available as a “code of good practice” : See File : HGC eng.pdf By the end of 2014 this will be implemented in our legislation. In Vlarema already is implemented a legal provision which will be more outlined in a ministerial decision by the minister of the environment. This ministerial decision will become inforce by the end of 2014.

Q14: In the context of Annex VI. 2 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a specific definition of the ‘’conclusive proof’’ that the shipment is taking place in the framework of a business-‐to-‐business transfer agreement?

Legal provisions in Vlarema : Art. 5.2.5.11.

Q15: As required by Annex VI. 3 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a protocol or guidelines for a functionality test?

Currently available as a “code of good practice” : See File : HGC eng.pdf By the end of 2014 this will be implemented in our legislation. In Vlarema already is implemented a legal provision which will be more outlined in a ministerial decision by the minister of the environment. This ministerial decision will become inforce by the end of 2014. Not yet. These requirements are foreseen in specific legislation that is expected to be published in late 2014. These will probably include the following general requirements for used EEE that are brought on the 2nd hand market: -‐ fully functional; detailed functionality requirements will be elaborated for ICT, cell phones and cooling appliances -‐ electrically safe -‐ complete housing -‐ all essential components in good condition -‐ no rust or cosmetic damage worth mentioning -‐ no (H)CFC -‐ a minimum energy level -‐ no CRT -‐ a regular market -‐ protected against damge -‐ no personal data (ICT)

Q16: Under your national legislation, is -‐ Environmental Inspection programme of the Flemish

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there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union?

Environmental Inspection on yearly basis includes specific inspection projects e.g. treatment of WEEE, export of WEEE/2nd hand EEE (downloads available on : http://www.lne.be/themas/handhaving/afdeling-‐milieu-‐inspectie/milieu-‐inspectieprogramma-‐mip/de-‐plannen) Programme 2014 not yet available; Programme 2013 available in dutch. -‐ Environmental Inspection report of the Flemish Environmental Inspection (yearly) downloads available on : http://www.lne.be/themas/handhaving/afdeling-‐milieu-‐inspectie/milieuhandhavingsrapport/de-‐rapporten No data available yet for 2013; Data on 2012 available in dutch For 2012 : p. 75

Q17: Who is financing the costs of the inspections?


Q18: Is there any actual or future program to exchange information on inspections carried out?

Cooperation between Environmental Inspection, customs, police and OVAM (as competent authority for Regulation 1013/2006) includes exchange of information. A select group of contacts in every organisation will send and receive information to act up on. Covers more than WEEE.


Cooperation between Environmental Inspection, customs, police and OVAM (as competent authority for Regulation 1013/2006) includes also a riskanalysis of possible illegal shipments. Through specific monitoring of informations datastreams shipments can be selected for inspection by customes in cooperation with the environmental inspection.

Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? See Q 19 Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? See Q15 Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? Yes Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? See Q15 Q24: Is there a protocol or guidelines to perform a functionality test? See Q15 Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? See Q15

Q26: Under your national legislation, what permits are required for treating WEEE?

All of the above. See also: Q10. Reuse centers: -‐ will need to have an environmental license for storage, sorting, testing, cleaning and repairing of WEEE, in case they accept used EEE without carrying out a preliminary visual selection -‐ won’t need to have an environmental license for storage, sorting, testing, cleaning and repairing of WEEE, in case they accept used EEE that have passed a preliminary visual selection Other WEEE treatment and disposal organizations will need to

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have an environmental license.

Q27: Under your national legislation, what are the specific WEEE related penalties for collection and trading offenses?

Administrative enforcement -‐ Exclusive administrative fine: foreign environmental offence max. € 50 000 -‐ Alternative administrative fine; for environmental crimes: max. € 250 000 Criminal law provisions -‐ Any intentional or negligent violation of the law: one month to two years and/or € 100-‐ € 250 000 These are covered by the provisions for waste related offenses, as foreseen in Article 16.6.3.§1 of Decree of the Flemish Parliament Act of 5 April 1995 containing general provisions regarding environmental policy: -‐ intensional offenses: imprisonment from 1 month up to 5 years, and a financial penalty of 100 euro up to 500.000 euro -‐ non intensional offenses: imprisonment from 1 month up to 3 years, and a financial penalty of 100 euro up to 350.000 euro


-‐ Environmental Licence for treatment of waste, including specific conditions for operational of the treatment facility to prevent pollution -‐ Incl. specific responsibility when accidents occur.

Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste?

-‐ the owner -‐ the person organizing the transport (incl. traders, brokers, collectors) -‐ But also those who willingly and knowingly aid the illegal shipment -‐ the shipping agent, who has the responsibility to check the quality of the items that are exported by his clients -‐ the customs agent, in some cases -‐ the operator of the loading point

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal

Q33: Is there a provision for joint liability? Yes Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste?

Yes The challenges lie with the gathering of evidence to state who is responsible.

Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? None

Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases?

Regulation 1013/2006 : basic provisions are the same in every member state, but individual differences exists in classification of certain waste streams as green listed (annex VII) or orange listed waste (notification procedure). Those differences in classification also exists for WEEE ! Consequence : a lot of different points of vue, which in fact aide the offender and make prosecution more difficult. Offenders try to send their waste to the EU member state with the most flexible classification (e.g. green listed) and export their waste form this member state to outside EU. Should the illegal shipment be detected between 2 member states they will use the difference in classification for not getting prosecuted

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Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. None Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

A.3 Bulgaria

EU Questionnaire Bulgaria Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC)

Besides the ordinance transposing the WEEE Directive no additional legislation documents or guidelines exist in Bulgaria. The national ordinance transposing the WEEE Directive is called (Ordinance on WEEE)

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? Yes

Q3: In the context of Article 10.2 (Shipments of WEEE) transposition, did you define equivalent conditions in order to make sure exporters can prove that the treatment of exported WEEE is equivalent to the requirements of Directive 2012/19/EC?

There is no explicit definition of the term “equivalent conditions”, but the national Ordinance on WEEE requires that the recovery and recycling of the WEEE are carried out by conditions equivalent to those set out in the ordinance and that there is a prove that the relevant facility can guarantee the achievement of the recovery and recycling targets. In order to prove that the recovery/recycling conditions are equivalent, the exporters are required to submit a copy of the permit or any other document issued in accordance with the national legislation authorizing the recovery/recycling facility to carry out the relevant treatment operation.


The terms and conditions for cooperation with the competent authorities in other member-‐states, incl. exchange of information in the context of Directive 2012/19/EC, are to be laid down in a ministerial order, which is currently under development. The exchange of information will also refer to the exchange of information and documentation on relevant inspection carried out.


The existing system for inspections of waste shipments under Regulation No 1013/2006 covers the exports of WEEE outside the Union.


o Producers o Third parties acting on their behalf o Other persons arranging the shipment of used EEE suspected to be WEEE

Q7: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI of

A programme or strategy specifically dedicated to the monitoring of shipments of used EEE has not been developed yet. Such shipments are monitored and inspected within the overall inspection measures undertaken for ensuring proper enforcement of the Waste Shipment Regulation.

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Directive 2012/19/EC (Minimum Requirements for Shipments)?


According to the Bulgarian Waste Management Act, the Customs are authorised to make inspections of shipments of wastes and of shipments suspected to contain wastes in order to ensure a compliance with the requirements of the Waste Shipment Regulation. If there is a suspicion that a certain loading declared as used EEE contains WEEE, customs are authorised to detain the shipment and inform the environment authorities for taking relevant follow-‐up measures


The national Ordinance on WEEE provides a template of Declaration for transfer/acquisition of EEE or EEE components destined for re-‐use. The declaration has to be filled in with the relevant description of the EEE or the components transferred (type of equipment, model, mark, ID number etc.) as well as certification that the information provided is correct and complete.


There is no special list containing the authorised organisations allowed to issue certificates of testing and proofs of functionality. It is supposed that authorised repair or refurbishment centres, authorized technicians etc. who exercise similar activity are in position to issue such documents.

Q11: Do these organisations have to be accredited by a competent authority? There is no such legal requirement. Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste? YES – See the answer of Q9 Q13: As referred in Annex VI. 1. (d) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a guide or set of criteria to define appropriate protection of the goods against damage during transportation, loading and unloading?

Not legally-‐binding criteria are to be set in a guidance document (presently under consideration).


No specific definition of the term “conclusive proof” is laid down in the national legislation. It is supposed that a number of documents, incl. written contracts, agreements etc. can be accepted. Practical experience in the implementation of the directive is still missing which impedes the establishment of a specific definition.


Q16-‐25 Not applicable


According to the national legislation, a waste treatment permit is required for all kinds of operations falling in the scope of waste “treatment” as defined in the European Waste Framework Directive. [Art. 3, point 14 “Treatment” means recovery or disposal operations, including preparation prior to recovery or disposal.]

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Administrative sanctions are imposed for administrative offences. Offences which represent crimes are subject to criminal penalties. The Waste Management Act provides different sanctions for different offences related to waste treatment. The specific WEEE-‐related sanctions are laid down in Art. 141 of the Waste Management Act and read as follows: Article 141. (1) A pecuniary penalty of BGN 3,000 (~€1,530)or exceeding this amount but not exceeding BGN 10,000 (~€5,110)shall be imposed on any sole trader or legal person who or which: 1. fails to take appropriate measures to ensure the separate collection and treatment of WEEE formed from EEE which it places on the market; 2. deliberately impairs the integrity of waste gas-‐discharge lamps and cathode ray tubes, unless it holds a permit or an integrated permit pursuant to Article 35 for this operation; 3. collects and stores WEEE, including gas-‐discharge lamps, in the open or in open receptacles or containers; 4. places WEEE in receptacles for household waste or mixes WEEE with other waste; 5. disposes of WEEE, of parts or materials therefrom which are recyclable and/or recoverable; 6. submits for landfilling WEEE which has been collected separately; 7. fails to dispose of waste from pre-‐treatment of WEEE which is not subject to re-‐use, recycling and/or recovery pursuant to the requirements of this Act and of the statutory instruments of secondary legislation for its implementation; 8. sells EEE to end users at retail premises where there are no receptacles for collection from end users of WEEE from households or the receptacles do not comply with the legal requirements; 9. does not accept from end users free of charge WEEE generated by households in the same quantities and of the same type or with the same functions as the equipment purchased by end users within the opening hours of the retail premises; 10. sells EEE to end users at retail premises without clearly visible signs informing consumers of the possibilities of take-‐back of WEEE in accordance with the requirements of the ordinance referred to in Article 13, paragraph 1; 11. sells EEE to end users and has not concluded a contract ensuring the servicing of receptacles for take-‐back of EEE generated by households, its transport and submission for recycling or recovery to persons holding the relevant permit; 12. places on the market EEE intended for use in households without instructions or user guidelines containing the necessary information in the Bulgarian language in accordance with the requirements of the ordinance referred to in Article 13, paragraph 1. (2) In the event of a repeated violation under paragraph 1 a pecuniary penalty of BGN 6,000 (~€3,070) or exceeding this amount but not exceeding BGN 20,000 (~€10,230) shall be imposed. In addition to the above, the overall administrative sanction for illegal shipment (incl. illegal shipment of WEEE) reads as follows:

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Art. 150 (2) For shipments of hazardous waste defined as illegal pursuant to Article 2(35) of Regulation (EU) No 1013/2006 or for violating any of the prohibitions under Article 98 natural persons shall be sanctioned with a fine of BGN 3000 (~€1,530) or exceeding this amount but not exceeding BGN 15,000, (~€7,670) and legal persons and sole traders shall be sanctioned with a pecuniary penalty of BGN 50,000 (~€25,565)or exceeding this amount but not exceeding BGN 250,000 BGN (~€127,825)


With regard to pollution resulting from waste management there aren’t specific administrative provisions (the administrative sanctions only relate to uncontrolled activities with wastes). Pollution as a result of waste treatment is addressed in the criminal law, which contains specific sanctions for “substantial damages to the environment” as result of “unduly management of waste”.

Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste? Liable for criminal prosecution are only individuals. Q30: Is liability with regard to the illegal trade of e-‐waste considered to be:

Criminal Administrative

Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Administrative

Q33: Is there a provision for joint liability? Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? No Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.4 Denmark

EU Questionnaire Denmark


WEEE-‐order: http://eng.mst.dk/topics/waste/electronical-‐waste-‐(weee)/ Order on shipment of waste and shipment of used electric and electronic equipment (not translated yet, but implements annex VI) Guidance document on how to pack used EEE for shipment Coming – mid 2014: Nordic guidance document on test of functionality for used EEE National guidance document for inspectors on “how to understand annex VI”

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? Yes Q3: In the context of Article 10.2 (Shipments of WEEE) transposition, did you define equivalent conditions in order to make sure exporters can prove that the treatment of exported WEEE is equivalent to the requirements of Directive 2012/19/EC? Yes, §40 in the WEEE-‐order Q4: In the context of Article 18 of Directive 2012/19/EC (Administrative Cooperation and Exchange of Information) transposition, is there any actual or future program to exchange information on inspections carried out? No, not at the moment. Q5: As required by Article 23 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union in compliance with Regulation No 1013/2006 (Shipments of Waste Regulation)? Yes Q6: In the context of Article 23.3 of Directive 2012/19/EC (Inspection and Monitoring), who is financing the costs of the inspections?

Other: The authorities (municipalities, police, customs and DEPA)


It is part of the general inspection system, no specific programme on shipments of used EEE, but guidance documents are provided. A general strategy is under preparation.

Q8: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, what are the measures implemented/planned to monitor shipments of used EEE? See question Q7 Q9: In the context of Annex VI.1 (a) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that

No, not yet, but it is considered to let this be part of the coming national guidance document. We would like to learn from others and see examples from other countries.

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the equipment is destined for direct re-‐use and is fully functional?


No, we don’t see that the Annex VI gives us the legal basis to make such requirements, so instead we are developing a Nordic guidance document on this. But it has been considered, and we will look in to if the coming standards on preparation for re-‐use can be used in this regard. It would make enforcement much easier and coordinated if all member states used the same requirements for test of functionality.

Q11: Do these organisations have to be accredited by a competent authority? Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste? No, not yet. See question Q9. Q13: As referred in Annex VI. 1. (d) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a guide or set of criteria to define appropriate protection of the goods against damage during transportation, loading and unloading?

Yes, http://eng.mst.dk/topics/waste/shipment-‐of-‐used-‐electronics/


We have not decided on this yet, but are considering the following definition: “Conclusive proof could for instance be: a signed solemn declaration stating that the shipment includes solely professional equipment (b), a valid contract for repair (a and b), contract if there is a third party acting on producers behalf (a, b and c), or documentation of a warranty (a).” Again it would be really good to have a common understanding of this in the memberstates, we are working on a common understanding in the Nordic countries.


A common guideline is under development in the Nordic countries, it is expected to be published mid-‐summer 2014.

Q16-‐25 Not applicable


You must have an environmental approval from the competent authority in order to treat WEEE, see http://eng.mst.dk/topics/industry/environmental-‐permits-‐for-‐industry/environmental-‐permits-‐for-‐industrial-‐activities-‐listed/xx


Penalties are defined in the WEEE-‐order, §60. The size of fines are determined by court


Yes. Danish Environmental Protection Act, sorry not translated to English


The person who should have notified the shipment of the waste as defined in the waste shipment regulation, art. 2 (15).

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil Criminal

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and/or administrative in nature?

Q33: Is there a provision for joint liability? No

Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste?

On an ongoing basis we are considering the possibilities to be able to prosecute other actors in the valuechain of used EEE/WEEE before a shipment takes place, so it is not only the notifier de jura who can prosecuted. In Danish law it is possible to prosecute other actors, the burden of proof is on the authorities, and the demands for evidence are so high that in praxis it is not possible to prosecute

Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases?


The suggestions made in Q35 could also be an international ban. Annex VI could be expanded to cover all shipments of EEE, not only the ones suspected to be WEEE. Very difficult to enforce in real life. Maybe it is not necessary to have more legislation but instead focus on more cooperation between member states on shipments.

Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Q39: Would you like to receive updates, newsletters and publications from the CWIT Project?

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A.5 Estonia

EU Questionnaire Estonia


1.Jäätmeseadus (Waste Act; general requirements for waste management, including WEEE management)2.Vabariigi Valitsuse 20.04.2009 määrus nr 65 "Elektri-‐ ja elektroonikaseadmetest tekkinud jäätmete kogumise, tootjale tagastamise ning taaskasutamise või kõrvaldamise nõuded ja kord ning sihtarvud ja sihtarvude saavutamise tähtajad” (Regulation of the Government No. 65, 20.04.2009; requirements of collection of WEEE, collection target(s), recycling and recovery targets)3.keskkonnaministri 09.02.2005 määrus nr 9 "Elektri-‐ ja elektroonikaseadmete romude käitlusnõuded" (Regulation of the Minister of Environment No. 9, 09.02.2005; WEEE treatment requirements)4.Vabariigi Valitsuse 23.07.2009 määrus nr 135 "Probleemtooteregistri põhimäärus" (Regulation of Government No. 135, 23.07.2009; Statutes of Register of Products of Concern)5.keskkonnaministri 16.02.2011 määrus nr 12 "Probleemtooteregistri registrikaardi vormid" (Regulation of Minister of Environment No. 12, 16.02.2011) (forms for submitting data to the Register of Products of Concern)6.keskkonnaministri 27.04.2009 määrus nr 21 "Elektri-‐ ja elektroonikaseadmete märgistamise viis ja kord" (Regulation of Minister of Environment No. 21, 27.04.2009; labelling of EEE)7.keskkonnaministri 22.07.2013 määrus nr 57 "Probleemtoote kasutajale kättesaadavaks tehtava teabe loetelu ning teabe esitamise viisid ja kord" (Regulation of Minister of Environment No. 57, 22.07.2013; information to be given to the users and requirements for public information campaigns) Besides waste legislation, only general requirements from other legislation apply like requirements for safety at work, work environment etc. Waste legislation regulates main requirements for waste treatment and management as such.

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? Yes Q3: In the context of Article 10.2 (Shipments of WEEE) transposition, did you define equivalent conditions in order to make sure exporters can prove that the treatment of exported WEEE is equivalent to the requirements of Directive 2012/19/EC? No Q4: In the context of Article 18 of Directive 2012/19/EC (Administrative Cooperation and Exchange of Information) transposition, is there any actual or future program to exchange information on inspections carried out? Not yet Q5: As required by Article 23 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union in compliance with Regulation No 1013/2006 (Shipments of Waste Regulation)? Not yet. From 2017 will be (Regulation 1013/2006 art 50a). Q6: In the context of Article 23.3 of Directive 2012/19/EC (Inspection and Monitoring), who

Other: That person, who is organising this shipment. It can be producer or third parties acting on behalf of producer or any

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is financing the costs of the inspections? other person who is arranging the shipment. Inspectors can decide who will cover the costs – they themselves or that person arranging the shipment.


No programs or strategy plans. Each individual case is taken to Directive 19/2012 Annex VI criteria in advance.

Q8: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, what are the measures implemented/planned to monitor shipments of used EEE? See the previous answer. Q9: In the context of Annex VI.1 (a) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that the equipment is destined for direct re-‐use and is fully functional? No Q10: As stated in Annex VI (b) of Directive 2012/19/EC (Minimum Requirements for Shipments), have the organisations that are allowed to issue a certificate of testing and proof of functionality, been defined? No. It may (and can) be any accredited laboratory Q11: Do these organisations have to be accredited by a competent authority?

Yes. If in Estonia, then SA Eesti Akrediteerimiskeskus (Estonian Accreditation Centre).

Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste? No Q13: As referred in Annex VI. 1. (d) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a guide or set of criteria to define appropriate protection of the goods against damage during transportation, loading and unloading? No Q14: In the context of Annex VI. 2 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a specific definition of the ‘’conclusive proof’’ that the shipment is taking place in the framework of a business-‐to-‐business transfer agreement? No Q15: As required by Annex VI. 3 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a protocol or guidelines for a functionality test? No

Q16-‐25 Not applicable Q26: Under your national legislation, what permits are required for treating WEEE?

Waste permit and hazardous waste treatment licence is required if collecting and treating (preparation for recovery

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and recycling, recovery, recycling, etc) of WEEE which is classified as hazardous waste. Waste permit is required if collecting and treating (preparation for recovery and recycling, recovery, recycling etc) WEEE which is classified as non-‐hazardous waste.


According to the Waste Act maximum penalty is 32 000 EUR to a legal person (as misdemeanour). According to the Penal Code for violation of waste transport between countries, where a substantial amount of waste shipment took place, punishable by a pecuniary punishment or up to one year of imprisonment.

Q28: Under your national legislation, are there special provisions that address pollution as a result of waste treatment? No Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste?

The Prosecutor's Office draws proceedings. The Environmental Inspectorate is investigating authority under the Code of Criminal Procedure.

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be:

Criminal, Administrative (prescriptions and warning letters) Misdemeanour (penalty and confiscation)

Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature?

Criminal, Administrative (prescriptions and warning letters) Misdemeanour (penalty and confiscation)

Q33: Is there a provision for joint liability?

If at least two persons agree to commit an offence jointly, each of them shall be held liable as a principal offender (joint principal offenders). An offence is deemed to be a joint offence also if an act committed by several persons jointly and in agreement comprises the necessary elements of an offence.


Not adequate. The Estonian Penal Code provides that criminal proceedings can be initiated “significant quantities”. The legislation does not specify what “significant quantities” is.


See the previous answer. Penalty rates should depend on the amount of illegal waste.


Directive 2008/99, Article 3 (c) should specify what "non-‐negligible quantity" is.

Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE.

It may happen that EEE is taken into parts and parts are exported instead of whole EEE suspected to be WEEE.


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A.6 Finland

EU Questionnaire Finland Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC)

The Waste Act (646/2011) and the Government Decree on Waste (179/2012); see enclosed documents.

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation?

No (the legislative procedure is ongoing and is expected to be finalised by the end of May 2014.)

Q3 – Q15 Not applicable

Q16: Under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union?

The Finnish Environment Institute is responsible for inspections and checks together with the Customs. No. Not directly in the national legislation. The Finnish Environment Institute makes inspections and checks together with the Customs annually. However, there is no strict annual plan for the inspections, rather the inspections are conducted when needed.

Q17: Who is financing the costs of the inspections? Other: Government of Finland


In the EU joint inspections have been carried out by the "network for the implementation and enforcement of environmental law, transfrontier shipments of wastecluster" (IMPEL-‐tfs); the network is supported by the Commission of the European Union.


The latest amendment to the Waste Shipment Regulation (not yet published in OJ) is addressing e.g. this problem by requiring mandatory inspection plans for each member state. The inspection plans are covered in a new paragraph 2a in article 50 (text of the new paragraph): “By 1 January 2017, Member States shall ensure that, in respect of their entire geographical territory, one or more plans are established, either separately or as a clearly defined part of other plans, for inspections carried out pursuant to paragraph 2 ("inspection plan"). Inspection plans shall be based on a risk assessment covering specific waste streams and sources of illegal shipments and considering, if available and where appropriate, intelligence-‐based data such as data on investigations by police and customs authorities and analyses of criminal activities. That risk assessment shall aim, inter alia, to identify the minimum number of inspections required, including physical checks on establishments, undertakings, brokers, dealers and shipments of waste or on the related recovery or disposal. An inspection plan shall include the following elements: (a) the objectives and priorities of the inspections, including a description of how those priorities have been identified; (b) the geographical area covered by that inspection plan; (c) information on planned inspections, including on physical checks; (d) the tasks assigned to each authority involved in inspections; (e) arrangements for cooperation between authorities involved in inspections; (f) information on the training of inspectors on matters relating to inspections; and

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(g) information on the human, financial and other resources for the implementation of that inspection plan. An inspection plan shall be reviewed at least every three years and, where appropriate, updated. That review shall evaluate to which extent the objectives and other elements of that inspection plan have been implemented.”

Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE?

Not yet, but after the WEEE directive is transposed into the national legislation the situation will change. The Finnish Environment Institute is responsible for that.

Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste?

Not directly under our national legislation. However, there is guide prepared in 2011 by the Finnish Environment Institute for exporting used EEE, but it is only available in Finnish language. Additionally, Nordic WEEE-‐group, subgroup under Nordic Waste Group, is preparing a Guidance for test of functionality for used electric and electronic products (EEE) for transboundary shipment, including a technical guidance for exporters and importers of used EEE for testing of functionality and a guidance for export/import supervisors and customs of used EEE: http://www.norden.org/en/nordic-‐council-‐of-‐ministers/council-‐of-‐ministers/the-‐nordic-‐council-‐of-‐ministers-‐for-‐the-‐environment-‐mr-‐m/institutes-‐co-‐operative-‐bodies-‐and-‐working-‐groups/working-‐groups/nordic-‐waste-‐group-‐nwg

Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? Yes Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? Q24: Is there a protocol or guidelines to perform a functionality test? Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading?

Yes, the inspecting authorities check also the packaging of goods to be transported and evaluate if it is adequate. The criteria are defined by those authorities.


An environment permit is required (see the Environment Protection Act 86/2000; http://www.finlex.fi/fi/laki/kaannokset/2000/en20000086.pdf)


There are no specific WEEE related penalties, the provisions of the Waste Act and the Environment Protection Act apply also to them. In more severe cases the Criminal Code of Finland (39/1889; http://www.finlex.fi/fi/laki/kaannokset/1889/en18890039.pdf) applies


If waste treatment causes pollution to the environment the case will be investigated and the authorities evaluate which Acts have been violated. Relevant acts in this respect are the Environment Protection Act and the Criminal Code of Finland.



Criminal (more severe violations) Administrative (see the Waste Act, Section 131 Penalty payment for negligence)

Q31: Is legal persons’ liability established under your legislation? Yes

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Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature?



Finland’s national legislation is adequate but problems relate more to the implementation of that legislation. E.g. poor cooperation between the environment authorities and the police and /or prosecutors which lead to difficulties to identify environment crimes, what kind of proof is needed etc. Fortunately the situation is improving and cooperation is getting better

Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? See answer to Q. 34 Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? No Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? No

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A.7 Germany

EU Questionnaire Germany


The transposition of the WEEE-‐Directive (2012/19/EC) into national legislation has not been enacted yet. It will be transposed by a revision of the Electrical and Electronic Equipment Act (ElektroG). Other policies/regulations affecting WEEE are e.g. the transposition of the RoHS-‐Directive (Ordinance on Electrical and Electronic Equipment Substances -‐ ElektroStoffV), the Ordinance for construction approval (4. BImSchV) including the administrative technical regulation for air (TA-‐Luft). As regards cross-‐border shipments of WEEE, national provisions in particular pursuant to the Waste Movement Act (AbfVerbrG) apply in addition to the European Waste Shipment Regulation. In addition, on the basis of the current un-‐amended ElektroG, the inter-‐state working group of the German Länder on waste (LAGA) has issued a guideline on requirements for the management of WEEE ("Altgeräte-‐Merkblatt" M 31 of Sept. 2009) which is available on the internet at: http://www.laga-‐online.de/servlet/is/23874/M31_Merkblatt_Elektroaltgeraete.pdf?command=downloadContent&filename=M31_Merkblatt_Elektroaltgeraete.pdf .

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? No



Provisions on inspections of waste shipments are included in the German Waste Shipment Act, on the basis of Article 50 of the Waste Shipment Regulation. Inspections of waste shipments, including of exports of WEEE are conducted by authorities of the German Länder; the customs offices and the Federal Office for Goods Transports participate in inspections. Apart from Art. 50 WSR, the German Waste Shipment Act (AbfVerbrG) contains provisions for waste shipment inspections and obligations of exporters and carriers, such as for a mandatory "A" sign on waste transports. Inspections of waste shipments, including exports of WEEE, are conducted by authorities of the German Länder; the customs offices and the Federal Office for Goods Transports (BAG) often participate in those inspections. Among the Länder authorities, the police plays an essentilal role in road checks, due to its right to stop traffic on the road, while environmental authorities are in the lead for inspections of waste sites. The inter-‐state working group of the Länder on waste (LAGA) has issued a guideline on the implementation of the Waste Shipment Regulation (“Vollzugshilfe zur Abfallverbringung”) which was last updated in 2012 and is available on the internet at http://www.laga-‐online.de/servlet/is/23874/M25_VH_Abfallverbringung.pdf?command=downloadContent&filename=M25_VH_Abfallverbringung.pdf . Some Länder have additional guidance documents. Hessen, for instance, has developed a QM handbook on waste transport inspections (“Handbuch

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Abfalltransportkontrollen”) for internal use of the waste authorities, and a database on the classification of wastes which is publicly available also in English at http://www.hlug.de/start/abfall/hessian-‐database-‐for-‐waste-‐transports.html.


Costs of inspections are financed by the legal entity responsible for the inspection unit. Under the Länder regulations on administrative costs, the waste shipment authorities may usually levy fees for a waste shipment inspection on the person who has given rise to that inspection, e.g. by giving reason to suspect an illegal shipment. The costs of routine inspections (spot checks), however, would normally be borne by the authority itself. Some Länder (e.g. Bavaria, Mecklenburg-‐Vorpommern) have recently introduced legislation that companies have to pay also the costs of routine inspections.


Yes, Germany is participating in the IMPEL network. Furthermore a continuous information exchange between the involved authorities is practiced at national level. Usually different authorities are involved in each inspection. There is no comprehensive programme for information exchange. However, information is exchanged on a case-‐by-‐case basis and on a general level in the reports under Art. 51 WSR, in the course of IMPEL projects and in annual meetings of the German competent authorities at the headquarters of the Umweltbundesamt (German Focal Point under the Basel Convention) in Dessau. Some of the Länder -‐ especially Bavaria, North-‐Rhine Westphalia and Hesse -‐ also organize meetings and joint inspections with colleagues from other states.

Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? No

Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE?

“Used EEE” may or may not be waste. Therefore it is rather difficult to monitor shipments of “used EEE”. The huge number of transports and the shortage of staff force all inspection authorities involved (waste shipment authorities, customs, police, Federal Agency for Goods Transport) to concentrate their spot checks on suspected WEEE shipments found on the main traffic routes (motorways), in maritime or inland ports, and at some loading points.


No. Some Länder have issued guidelines for the distinction of waste and non-‐waste and for the export of used EEE. The Bavarian criteria catalogue of June 2013 is attached to this e-‐mail. The guidance document of the City of Hamburg on export of EEE is to be found at http://www.hamburg.de/contentblob/2215030/data/merk-‐eexport.pdf .

Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances

No. In Hessen, the current waste law is interpreted – following the Correspondents’ Guidelines No. 1 on shipment of WEEE – to

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transported? the effect that in case of a transport inspection, anybody claiming that the material they want to export is EEE and not WEEE have to prove this by a certificate of functionality. There is at present no clear rule under national legislation. In Hessen, the current waste law is interpreted – following the Correspondents’ Guidelines No. 1 on shipment of WEEE – to the effect that in case of a transport inspection, anybody claiming that the material they want to export is EEE and not WEEE have to prove this by a certificate of functionality.

Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority?

No. There is no clear rule on this either. The practice in South Hesse (RP Darmstadt) is to require some kind of proof for the technical expertise of the person who certifies the functionality, e.g. a Master Craftsman Certificate ("Meisterbrief"), a certificate by the Chamber of Commerce, an entry in the Companies Register (Handelsregister).


No. There are at present no standard protocols or testing guidelines. Inspectors in Frankfurt have newly developed for their area of competence a form for the testing protocol and proof of functionality of EEE. Please find this document attached.

Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading?

At the national level, a guide or a certain set of criteria has not been established; nevertheless some guides/brochures published by other member states may sometimes be used as reference (AT, CH, NO, DK). In South Hesse, the common practice of wrapping EEE in a thin packaging foil is not seen as a sufficient protection against damage.


In general, waste treatment facilities need to have a permit depending on the throughput and the treated material (i.e. facilities falling under the Industrial Emissions Directive) As WEEE has regularly to be considered as hazardous waste, a permit or at least an entry into the registry may be necessary for collection, separation, transportation and treatment of waste (see Art. 26 of the Waste Framework Directive). Furthermore, treatment facilities for WEEE need to be certified according to the provisions set out in Article 11 of the Electrical and Electronic Equipment Act (ElektroG).


The illegal shipment of waste is a criminal offense pursuant to Article 326 (2) of the Criminal Code und can be punished with imprisonment of up to three years or a fine. If grave environmental damage has been caused, the imprisonment may run up to 10 years pursuant to Article 330 of the Criminal Code. The attempt can also be a criminal offense. In addition, administrative offences are in place according to Article 18 of the German Waste Shipment Act and the Ordinance on Fines for Waste Shipments.


The German Criminal Code (StGB) contains specific provisions for pollution of water (Art. 324), soil (Art. 324a) and air (Art. 325). In addition, Art. 326(1) StGB defines the illicit collection, treatment, disposal etc of wastes with hazardous characteristics (including the potential for long-‐term pollution of water, soil or air) as a criminal offense. Beyond this, there is no specific provision addressing pollution as a result of waste

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treatment.


As illegal shipment of waste constitutes a criminal offense, any person responsible for it is liable for prosecution. This concerns primarily the person who arranged the shipment but may also affect other people involved in it like the carrier, the driver of the transport vehicle or persons who handed over their waste to the exporter knowing that it would be shipped illegally. Anyone whose misconduct with regard to illegal trade of e-‐waste may be verified should be held liable.


Criminal and administrative. Civil liability exists but is not practically relevant in this context

Q31: Is legal persons’ liability established under your legislation?

Yes (for administrative and civil liability, not for criminal prosecution).

Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Administrative and civil

Q33: Is there a provision for joint liability? Yes (principle of joint and several debtors).


Yes, our national legislation is adequate to prosecute offenses related to trade of e-‐waste In my view, the relevant German law has significant shortcomings: The wording of Art. 326(2) StGB invites a restrictive interpretation in the sense that the act of illegal waste shipment is completed only when the shipment has crossed the German border. This reduces application of the German criminal law and the penalty for the mere attempt of illegal shipment is frequently much lower than for the completed act. In addition, there is as yet no corporate liability in criminal law (“Unternehmensstrafrecht”.


No additional provisions should be included. See above Q34. A rewording of the German StGB should clarify that, like under English and Dutch law, an illegal waste shipment is already completed when it leaves the point of departure (last loading point) in Germany.


No additional provisions should be included. To be examined in more detail.


See the report of a study at http://www.umweltbundesamt.de/publikationen/transboundary-‐shipment-‐of-‐waste-‐electrical

Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Q39: Would you like to receive updates, newsletters and publications from the CWIT Project?

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A.8 Ireland

EU Questionnaire Ireland


European Union (Waste Electrical and Electronic Equipment) Regulations, S.I. No. 149 of 2014. General guidance for producers and distributors has been prepared by the EPA and is available on our website: www.weee-‐enforcement.ie An on-‐line reporting tool has been developed to assist Business-‐to-‐business (B2B) producers with their self-‐complying reporting obligations. Guidance has also been developed to accompany the online tool. (Note: there are no compliance schemes approved for B2B, at present, therefore B2B producers must self-‐comply). Further details can be found at: http://www.epa.ie/enforcement/weee/b2bwastemanagementplansandreports/


“Equivalent conditions” are not defined in the Regulations. However, The National TFS Office, Dublin City Council [NTFSO], is the competent authority for the supervision and control of shipments of waste into and out of Ireland.


The EPA organise meetings and various communications relating to legislation interpretation and standardisation of inspections with the local authorities. The local authorities also have an enforcement role under the WEEE Regulations (distributor obligations). Our national registration body, WEEE Register Society are members of the European WEEE Registers Network (www.ewrn.ie).


The National TFS Office (NTFSO) operate an internal risk based inspection system (RMCEI). WEEE inspections are included as part of this overall inspection programme.


Other: Inspections are funded by fees charged to waste notifiers for raising waste notifications and moving green list waste shipments.


The WEEE Regulations include reference to the Treatment and shipments of EEE and used EEE, under Regulation 22 and Schedule 11 of the WEEE Regulations. Any further information required should be requested to NTFSO as the competent authority. http://www.dublincity.ie/WaterWasteEnvironment/Waste/National_TFS_Office/pages/nationaltfsoffice.aspx


WEEE inspections are included as part of this overall inspection programme operated by the NTFSO.

Q9: In the context of Annex VI.1 (a) of Directive The WEEE Directive has been transposed into Irish legislation

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2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that the equipment is destined for direct re-‐use and is fully functional?

through S.I. No 149 of 2014 (European Union (Waste Electrical and Electronic Equipment) Regulations 2014. Schedule 11 of this Regulation sets out the minimum requirements to distinguish between EEE and WEEE.


The certificate of testing and proof of functionality must be issued by a competent person who is suitably qualified to carry out such testing. The WEEE Register Society Limited is the competent body for the approvals associated with a “preparing for reuse body”. For more information, please contact the WEEE Register Society at [email protected] or phone 00 353 1633 550

Q11: Do these organisations have to be accredited by a competent authority?

As outlined in Q10 above, any organisation carrying out preparation for reuse will require an approval from the WEEE Register Society Limited. Contact the WEEE Register Society Limited for more information. (Answer from the NTFSO -‐ No)

Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste?

Schedule 11 of Regulation S.I. No 149 of 2014 sets out the information to be included in the declaration.


The NTFSO do not issue such guidance as appropriate packaging/loading would be a Health and Safety matter.

Q14: In the context of Annex VI. 2 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a specific definition of the ‘’conclusive proof’’ that the shipment is taking place in the framework of a business-‐to-‐business transfer agreement? No Q15: As required by Annex VI. 3 of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a protocol or guidelines for a functionality test?

Schedule 11 of Regulation S.I. No 149 of 2014 sets out the testing required. For most EEE this would be a functionality test of the main functions of the item.



Any organisation carrying out the treatment of WEEE will require either a Waste Facility permit (issued by their local authority) or a licence issued by the EPA.


Under the new WEEE Regulations, a person guilty of an offence under (a) regulation 10, 13, 15, 29, or 30 of the Regulations is liable on a summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both. (b) Any other regulation of the Regulations is liable (i) On summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both or (ii) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years, or both. Under the TFS Regulations (2007): 1) A prosecution for a summary offence under these

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Regulations may be taken by the competent authority. (2) A person guilty of an offence under these Regulations is liable—(a) on summary conviction, to a fine not exceeding €3,000, or imprisonment for a term not exceeding 3 months, or both, or(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.


There are legal instruments which can address pollution as a result of waste treatment. For example Under Section 32(1) of the Waste Management Act, there is a general duty on the holder of waste to ensure that it is not held, transported, disposed or recovered in a manner that causes or is likely to cause environmental pollution. Also, In an amendment introduced by Section 29 of the Protection of the Environment Act, any person carrying on a waste activity in the absence of the necessary authorisation “…shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution”. This softens the burden of proof required for a prosecution in respect of one component of the offence under Section 32. Furthermore the WEEE Regulations (regulation 22) requires that all separately collected WEEE is treated in accordance with the WEEELabex normative standards (or an equivalent EN treatment standard)


The notifier of the waste is the person considered to be responsible for waste shipments. The NTFSO follow the definition of “notifier” as set out in Regulation (EC) 1013/2006 which can include the holder of the material.


Can be all of the above as administrative fines are in place in addition to the option of prosecution.

Q31: Is legal persons’ liability established under your legislation?

Where an offence under the WEEE Regulations is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of a person, being a director, manager, secretary or other officer of that body, or a person who was purporting to act in any such capacity, that person shall also be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-‐mentioned offence. Answer from NTFSO -‐ Yes.


Can be all of the above as administrative fines are in place in addition to the option of prosecution.

Q33: Is there a provision for joint liability? The concept of corporate liability does exist in Irish Law but the application of same would be case specific.

Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases?

Q37: Please provide any additional information Electrical and Electronic Equipment (EEE) in the context of the

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you may deem important in relation to the illegal trade of WEEE.

WEEE Directive refers to equipment falling within the categories of 1-‐10 of the Directive. Generally, EEE determined in scope of the Directive is a finished product (e.g. external electronic products); a motherboard or printed circuit board are deemed to be finished products but are only a component part of a finished product (computer). The term “Equipment” in the Basel Technical Guidelines (TG’s) moves beyond the WEEE definition to include components, however III (b) refers to “equipment which is not complete…essential parts are missing” which adds ambiguity to whether internal components are covered under the TG’s.


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A.9 Italy

EU Questionnaire Italy Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC)

Best available technique about WEEE The transposition of the Directive 2010/75/UE

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? Yes with the Decreto Legis 49/2014 Q3: In the context of Article 10.2 (Shipments of WEEE) transposition, did you define equivalent conditions in order to make sure exporters can prove that the treatment of exported WEEE is equivalent to the requirements of Directive 2012/19/EC?

Yes, as it is written in the Annex VI of the Directive is transposed in the Decreto Legis 49/2014

Q4: In the context of Article 18 of Directive 2012/19/EC (Administrative Cooperation and Exchange of Information) transposition, is there any actual or future program to exchange information on inspections carried out? Not at the moment Q5: As required by Article 23 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union in compliance with Regulation No 1013/2006 (Shipments of Waste Regulation)?

In the Article 35 the Control Committee (established in Environmental Ministry Office) program inspection on a specific plan about the producers. The control about the treatments plant has to be regulated in a specific law.



Q7: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI of Directive 2012/19/EC (Minimum Requirements for Shipments)? No, there isn’t Q8: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, what are the measures implemented/planned to monitor shipments of used EEE? There are no specific measures Q9: In the context of Annex VI.1 (a) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guidelines for the owner of the used EEE to prepare the invoice and contract relating to the sale and/or transfer of ownership of EEE which states that the equipment is destined for direct re-‐use and is fully functional?

Yes there is a guideline written in Annex VI of the Decreto Legis 49/2014

Q10: As stated in Annex VI (b) of Directive 2012/19/EC (Minimum Requirements for Shipments), have the organisations that are allowed to issue a certificate of testing and No

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proof of functionality, been defined?

Q11: Do these organisations have to be accredited by a competent authority? No Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste?

Yes there is a guideline written in Annex VI of the Decreto Legis 49/2014


It’s written as in the Directive that the holder has to provide appropriate protection against damage during transportation, loading and unloading in particular through sufficient packaging and appropriate stacking of the load


There is not a specific definition, it is written the same text of the WEEE Directive


There is not a protocol or guidelines, it is written the same text of the WEEE Directive

Q16 – Q25 Not applicable Q26: Under your national legislation, what permits are required for treating WEEE?

Separation, recycling, pre-‐treatment, treatment, final treatment, & disposal

Q27: Under your national legislation, what are the specific WEEE related penalties for collection and trading offenses? Criminal sanctions based on the waste mother law Q28: Under your national legislation, are there special provisions that address pollution as a result of waste treatment? Yes Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste?

Depends on the identification of the illegal act that is identified

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal, Administrative Q31: Is legal persons’ liability established under your legislation? No Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal, Administrative

Q33: Is there a provision for joint liability? Yes there are bank guarantees Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste?

At the moment we missed some implementations related to the directive especially about the monitor of the system. The Ministry must active all the provisions of the WEEE directive


It is needed to implement/plan a programme or strategy to monitor the entire system, and same responsibility for producers and all subjects that hold waste and dispose their treatment directly


It is needed to try to get an homogeneous legislation with the same conditions, rules and sanctions

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Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.10 Norway

EU Questionnaire Norway


The WEEE Directive 2012/19/EC is not yet implemented in Norway. The current WEEE-‐relevant legislation can be found here: http://www.miljodirektoratet.no/no/Regelverk/Forskrifter/Regulations-‐relating-‐to-‐the-‐recycling-‐of-‐waste-‐Waste-‐Regulations/Chapter-‐1-‐Waste-‐electrical-‐and-‐electronic-‐equipment/ Guide for exporters of used EEE http://www.miljodirektoratet.no/no/Publikasjoner/Publikasjoner/2009/Juni/A_guide_for_exporters_of_used_goods/

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? No (not yet finish transcribing the WEEE Directive,



We are currently drafting a Nordic guideline on functionality testing of used EEE for shipment. It is one guideline for exporters, and one for customs. Both guidelines are financed by the Nordic Council of Ministers, soon to be published. We can distribute this guideline when it is finished.


The Norwegian Environment Agency, in collaboration with the Directorate of Customs and Excise Customs Norway makes spot checks along the border and at larger ports to ensure that waste is only being exported and imported in accordance with the regulations. Further info on import/export http://www.environment.no/Topics/Waste/Import-‐and-‐export-‐of-‐waste/ Please see the figure below on figures of inspections. Norway are also part of the Impel network on TFS: http://impel.eu/cluster-‐2/ and participate in discussion under the Basel convention. 2009 2010 2013 Total inspections 220 158 486 Document control 150 113 377 Physical inspections 70 45 109 Waste shipments 60 108 435 Illegal transports 13 4 15



Q18: Is there any actual or future program to exchange information on inspections carried out? Enforcement network Impel TFS, see link on q 16 Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)?

There will be inspections in relation to EU regulation 1013/2006 and the WEEE Directive, and in accordance with correspondent guidelines no 1

Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? No

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Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? No Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported?

No x ( not certificate, but we will transcribe the WEEE directive and requirements for documented testing)

Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? No Q24: Is there a protocol or guidelines to perform a functionality test?

We are drafting a Nordic guideline for testing of functionality of used EEE, see Q 15.

Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? No


Treatment plants need a permit from our County generals, which is a regional level of government. The permits are for all kinds of treatment of WEEE.


There are no specific penalties for WEEE, but there are general penalties related to waste in the pollution control act, available here: http://www.regjeringen.no/en/doc/laws/acts/pollution-‐control-‐act.html?id=171893 § 79. Criminal liability for unlawful waste management Fines or imprisonment for a term not exceeding three months or both will be imposed on any person that wilfully or through negligence a. discards or empties waste that has been collected, large discarded objects or special waste in such a way that that it may be unsightly or cause damage or nuisance to the environment, b. fails to comply with orders to implement measures against waste issued pursuant to section 37, c. is accessory to such contravention as is mentioned in litras a and b. Regulations issued pursuant to sections 30, 31, 32 and 33 may lay down that any person that contravenes the regulations shall be liable to fines. If the contravention of the first paragraph has only resulted in insignificant damage or nuisance, public prosecution will only take place if the pollution control authority applies for this.


The pollution control act, ie § 79 on Criminal liability for unlawful waste management http://www.regjeringen.no/en/doc/laws/acts/pollution-‐control-‐act.html?id=171893


It could be the holder of the object which is the natural or legal person who is in possession of it, because the holder is defined in the waste shipment regulation (Regulation (EC) no. 1013/2006), article 2: ‘holder’ is the producer of the waste or the natural or legal person who is in possession of it. The holder, or the responsible, can therefore be the owner of the object or the exporter of the object. In addition, if the WEEE is exported from a take-‐back company/return scheme, this company is also responsible for the shipment, in accordance

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with Norwegian waste regulations.

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal


No. judgement of liability is evaluated in regard to each person, but for instance chairman of the board can be liable in addition to manager


In Norway, we will currently increase the maximum sentence for imprisonment in cases of illegal export to two years. By doing this, it will also be an offence to try to export illegal shipments of waste, and the police will receive more coercive means in the investigation, i.e. in the searching, and for a longer closing date.

Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? See answer to Q. 34


WEEE can be listed as a type of waste on annex V as hazardous and subject to export prohibition under article 36 of EC 1013/2006. We have experienced difficulties in proving the E-‐waste is hazardous waste, as described under question 37.


We have experienced that it has been difficult in practice to prove that the illegal shipment of WEEE in question is listed as hazardous in annex V of the Regulation EC 1013/2006, and therefore deemed to be illegal under article 36. For example, it has been difficult for the authorities to find appropriate documentation that the WEEE in question contain or is contaminated with cadmium, lead or beryllium to an extent that they possess any of the characteristics in Basel Convention Annex III (or nationally defined as hazardous waste ) as in A1020 under Annex V of the regulation. Likewise for E-‐waste falling under the code A 1180 in Annex V. We have experienced that it is difficult to prove that the E-‐waste exported illegally is hazardous waste. The waste is often not returned to Norway, therefore we do not have the possibility to analyse the waste to find out if it is above or below the limit value for hazardous waste. We recently dismissed a case where this was a problem.


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A.11 Portugal

EU Questionnaire Portugal Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC)

Weeelabex Treatment v09 DL 79/2013 -‐ 11/6/2013 DL 230/2001-‐ 10/12/2004


Q3 – Q15 Not applicable Q16: Under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union? No Q17: Who is financing the costs of the inspections? Q18: Is there any actual or future program to exchange information on inspections carried out? Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? Q24: Is there a protocol or guidelines to perform a functionality test? Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? Q26: Under your national legislation, what permits are required for treating WEEE? For all operations listed Q27: Under your national legislation, what are the specific WEEE related penalties for collection and trading offenses? Listed on art.32º of DL 230/2004. Q28: Under your national legislation, are there special provisions that address pollution as a result of waste treatment? DL 147/2008 -‐ 29/07/2008 Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal

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trade of e-‐waste?

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Q31: Is legal persons’ liability established under your legislation? Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature?

Q33: Is there a provision for joint liability? Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases?


As a treatment facility we think exports of WEEE should not be allowed provided there is national capacity for treatment. We think WEEE (or EEE for reutilization) exports could lead to illegal operations abroad and are a hit to national economies and employment.

Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? No Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.12 Romania

EU Questionnaire Romania


The following orders of the Minister of Environment: 901/2005 on the collection of WEEE which may pose a risk of contamination 1223/2005 on the registration of the producers and reporting of data regarding WEEE and EEE 1225/2005 regarding the procedure and criteria for licensing the collective organizations which take the responsibility of the producers 556/2006 regarding the marking of WEEE 2264/2011 regarding the methodology of the calculation of the yearly collection rate for WEEE


Q3 – Q15 Not applicable Q16: Under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union? No Q17: Who is financing the costs of the inspections? Q18: Is there any actual or future program to exchange information on inspections carried out? No Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? No Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? No Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? No Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? No Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? No Q24: Is there a protocol or guidelines to perform a functionality test? No Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? No Q26: Under your national legislation, what permits are required for treating WEEE?

An environmental permit issue by the local environmental agency.

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Illegal collection is not addressed under the specific legislation (the transposition of the Directive 2002/96/EC). It may somehow be penalized indirectly for the lack of environmental permit using the provisions of the Emergency Ordinance 195/2005 on the protection of environment. The fine is from 5 000 to 10 000 RON for natural persons and from 30 000 to 60 000 Ron to legal person. Illegal import of waste is sanctioned with prison terms between 6 months and 5 years, according to the article 63 (1) letters a) and e) of the law 2011/2011 on waste. Illegal export is only theoretically considered as a criminal offence by the Law 6/1991 for the ratification of the Basel Convention. It's just a copy of the article 4 (3) of the Basel Convention, without additional details like the value of the fine or the prison terms.


Very vague mention of the accidental pollution as a result of not following the provisions of the environmental permit. Considered criminal offence by the Emergency Ordinance 195/2005 on environmental protection, article 98 (1) point 2. Penalized with prison terms from 3 months to one year or a fine between 30 000 to 60 000 RON


Exporter of waste from Romania (not quite clear, see answer to the question 27). Importer of waste into Romania.

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal Q31: Is legal persons’ liability established under your legislation? No Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature?

Q33: Is there a provision for joint liability? No Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste?

No. The legislation is very vague especially as regards the illegal export of waste.


Clear penalties for illegal export of waste. Provisions regarding regular checks of the enforcement bodies (Environmental Guard, Customs). Specific penalties for illegal collection of e-‐waste and regular checks of the compliance.

Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? Specific criteria for the appliances exported for reuse.


A situation that may not be so obvious is the export of the WEEE, especially large appliances as scrap metal. We suspect that important quantities of refrigerators and washing machines, partially dismantled in illegal conditions, were exported as scrap metal. The "white" spots were quite visible some years ago in the pile of scrap iron waiting to be exported from the Constanta harbor.

Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes

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Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.13 Slovakia

EU Questionnaire Slovakia Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC) Lawe on Waste No. 223/2001 Coll. in sound of all changes Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? No

Q3 – Q15 Not applicable Q16: Under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union?

Yes, the competent authority for TWM is Slovak Environmental Inspection. The inspection system is based on Regulation Nr. 1013/2006 on shippment of waste.

Q17: Who is financing the costs of the inspections? Goverment, Public budget Q18: Is there any actual or future program to exchange information on inspections carried out?

SR is a part of IMPEL, information exchange is on bilateral basis between SR and other neighbouring states.

Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? No. Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? No Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste?

No, but is in preparation in Frame of new Law on waste according to transposition of Directive 2012/19/EC.

Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? No Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? Actually No, but in the future yes. Q24: Is there a protocol or guidelines to perform a functionality test? No, See answer to Q23 Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? No, See answer to Q23


In 1. step permission from district office, in 2. step Authorisation from MoE of SR. Permission is for collecting, storaging, pre -‐ treatment and recycling of WEEE, Authorisation is for Pre -‐ treatment and recycling of WEEE


Yes, in national legislation are defined penalties. 1. For corporate entity 2. For citizens


In Law on waste no, but in other laws yes, but we from Waste management we have no knowledges.

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Police, and all persons who trade with e-‐waste outside of law and the damage is higher then 265 EUR.

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal, Civil, Administrative Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal, Civil, Administrative

Q33: Is there a provision for joint liability? We don't know. Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? Yes. Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases?

More human resourcess, personal potential. Stronger environmental policy.


In international waste legislation are not defined the provissions for prosecution. This should be defined in the national legislation.

Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. All informations are included in above mentioned answers. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.14 Slovenia

EU Questionnaire Slovenia Q1: Please list the main national legislation and policies relevant for the management of WEEE, in addition of the transposition of the WEEE Directive (Directive 2012/19/EC) Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation? No



Environmental and nature inspection service is competent for enforcement of waste shipments. Enforcement authorities for waste shipments in Slovenia are also Customs and Police. The fields of work of the Environment and Nature Inspection Service are the following: -‐ air quality, -‐ waste management, -‐ water quality, emissions of substances into waters, -‐ protection of the environment and nature and ecological supervision at the national border, The duties and tasks of inspection are carried out in line with the annual operation plan, which also includes the annual work programme The annual operation plan identifies the priorities of our work within the three categories introduced in the area of inspections and in controlled installations. We have developed criteria for classifying controlled installations into three categories on the basis of the size of the pollution source and risk to the environment posed by the activity of the source. Focusing on the principle of doing important things, we have categorised controlled installations into three categories; each year a work programme is prepared by means of a software application, which includes an actual list of controlled installations classified into three categories to be inspected in the relevant year. -‐ water regulation and management, -‐ nature protection, -‐ chemicals and genetically modified organisms, -‐ industrial pollution and risks, -‐ noise, -‐ electromagnetic radiation.


In Slovenia inspections are carried out as official duty, facilities do not pay any specific fees or charges.


Each year is prepared annual report about activities performed in past year. In annual report we usually highlighted specific cases. On the other hand public can get any information about inspection procedures according to Public Information Access Act.

Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? No Q20: Under your national legislation, are there any measures implemented/planned to No

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monitor shipments of used EEE?

Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? No Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? No Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? Do not know Q24: Is there a protocol or guidelines to perform a functionality test? Dont know Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? Dont know


Different environmental permits, certificates of entry in the register of collectors certificates of registration in the register of producers and persons acquiring of EEE


Penalties are in accordance with the regulation for legal persons: from 4.000 € to 120.000 €; responsible person of legal person: from 120 € to 1.200 €.

Q28: Under your national legislation, are there special provisions that address pollution as a result of waste treatment? Yes Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste?

Police; any natural or legal person whose action is considered as a criminal offence according Penal code

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal, Civil, Administrative Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal, Civil, Administrative

Q33: Is there a provision for joint liability? Depends case by case Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? Yes Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? No answer Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? No answer Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. No answer Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? No

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Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

A.15 Spain

EU Questionnaire Spain


-‐ Real Decreto 208/2005, de 25 de febrero, on WEEE transposition of Directive 2002/96/EC. (Entry into force February 2005). -‐ Ley 22/201, de 28 de julio, de residuos y suelos contaminados transposition of Directive 2008/98/EU. (Entry into force July 2011). -‐ Import/export rules: Ley 22/2011 on waste and Regulation 1013/2006 on waste shipments. -‐ A cashless model operates since November 19th, 2012 for every operation equal or greater than 2.500 € in which any of the parties involved is an entrepreneur or professional. Therefore isn´t only for waste industry but for every professional operation. Ref: Ley 7/2012, de 30 de octubre, de modificación de la normativa tributaria y presupuestaria y de adecuación de la normativa financiera para la intensificación de las actuaciones en la prevención y lucha contra el fraude. (Entry into force November 2012). -‐ Health and safety: Ley 31/1995, de 8 de noviembre, de prevención de Riesgos Laborales (Entry into force February 2006). Real Decreto 39/1997, de 17 de enero, por el que se aprueba el Reglamento de los Servicios de Prevención. (Entry into force March 1997).-‐ Labour law: Ley del Estatuto de los Trabajadores (Statute of Workers) (updated August 2013). Real Decreto Legislativo 5/2000, de 4 de agosto, por el que se aprueba el texto refundido de la Ley sobre Infracciones y Sanciones en el Orden Social. Ley 20/2007, de 11 de julio, del Estatuto del trabajo autónomo. (Status of self employment). Ley 56/2003, de 16 de diciembre, de Empleo. (Employment Act).




There are waste shipments inspection campaigns but there isn´t specific national lagislation about these types of inspections. They are under national law on waste (Ley 22/2011 de residuos) and european rules.

Q17: Who is financing the costs of the inspections? Q18: Is there any actual or future program to exchange information on inspections carried out? Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation No

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1013/2006 (Regulation on Shipments of Waste)? Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE? No Q21: Under your national legislation, are there any templates or guides so the holder who arranges the transport of used EEE can prove that none of the material or equipment within the consignment is waste? No Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? No Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? Q24: Is there a protocol or guidelines to perform a functionality test? No Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? No


Instalation (separation, storage, sorting, treatment, etc): Permit Waste Manager: Permit Broker: Registration Dealer: Registration Carrier/Transporter: Registration


There are no distintion between WEEE or other wast regarding penalties. Penalties are the same as the rest of waste (and depends on if they are hazardous or not). These penalties are described on articles 45 and 46 of our national Law on Waste (Ley 22/2011 de residuos).


No, there is a general legislation about pollution. But It´s not specific for pollution as a result of waste treatment because it includes other activities. It´s Ley 34/2007, de 15 de noviembre, de calidad del aire y protección de la atmósfera.


When there is an illegal shipment of waste, the responsible is the one that organizes the shipment and the producer that has generated the waste if it has not been delivered to and authorized agent. Regarding who should be prosecuted, in our opinion it should be these same 2. The one that organizes the illegal transfer (whether or not it´s a waste manager) and the producer that delivers the waste to an unauthorized manager.

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal, Administrative Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Administrative


Yes. When waste is delivered to someone other than a waste manager, the one who delivers the waste and the recipient

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are responsible. When there are several person responsible and it´s not possible to determine the degree of participation of each in the commission of the offense.


Yes. The illegal waste shipment is specifically referred as a serious or very serious offense depending on whether it is hazardous or non-‐hazardous waste. The fine goes from 300.001 € to 1.750.000 € in the case of hazardous waste, and from 901 € to 45.000€ for non-‐hazardous waste. It is also specifically referred in the Criminal Law (article 328.4) with a prison sentence of 1-‐2 years.

Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? It´s not necessary the addition of other provisions. Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? It´s not necessary the addition of other provisions. Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.16 Sweden

EU Questionnaire Sweden


Preprocessing of WEEE is included in the Swedish implementation of the WEEE directive as the Swedish ordinance NFS 2007:6. FO 2011:927 Concerning Permit and submission for national transports of waste. Revised Correspondents' Guidelines No 1 on shipments of waste electrical and electronic equipment (WEEE) -‐ to apply under the new Regulation No 1013/2006: http://ec.europa.eu/environment/waste/shipments/guidance.htm Guideline, A Guide for Exporters of Used Goods: http://www.naturvardsverket.se/Om-‐Naturvardsverket/Publikationer/ISBN/8400/978-‐91-‐620-‐8494-‐3/

Q2: Has your country transposed the WEEE Directive re-‐cast (Directive 2012/19/EC) into your national legislation?

No. Will be done during summer 2014. Sweden has a well-‐functioning legal framework for the management of WEEE. Most of the provisions of the WEEE Directive re-‐cast have been implemented. Additional rules are under development and expected to be in place in the summer of 2014. Sweden has high collection and recycling rates of WEEE. The collection rate is among the highest in Europe with over 17 kg collected per capita and year.



In Sweden we have a national enforcement action plan for inspections when it comes to illegal export of waste. That plan does not in particular cover only E-‐waste since it includes all kind of waste. But of course e-‐ waste is also in Sweden considered a particularly important waste stream.


Other: It differs depending of which authority and where (geographically) the inspections are conducted.


Some of the inspections being undertaken are reported to the Impel Enforcement Action project. Inspections concerning waste shipment should also be reported to the Swedish EPA

Q19: Under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE comply with Regulation 1013/2006 (Regulation on Shipments of Waste)? See answer to Q16 Q20: Under your national legislation, are there any measures implemented/planned to monitor shipments of used EEE?

There are no such measures implemented right know. Once the new WEEE-‐ directive (2012/19/EC) is implemented there will be minimum requirements for used EEE.


See link to the guidance document, A Guide for Exporters of Used Goods: http://www.naturvardsverket.se/Om-‐Naturvardsverket/Publikationer/ISBN/8400/978-‐91-‐620-‐8494-‐3/

Q22: Under your national legislation, are exporters of used EEE obliged to provide a certificate of functionality of the appliances transported? Yes

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Q23: Do the organisations issuing the functionality certificates have to be accredited by a competent authority? No


Such a guideline is under development as a project within the Nordic TFS-‐ group (Collaboration established within the Nordic countries).

Q25: Is there a guide or set of criteria to define appropriate protection of the used EEE against damage during transportation, loading and unloading? No Q26: Under your national legislation, what permits are required for treating WEEE?

Ordinance (NFS:2005:10) concerning professional pre-‐ treatment of WEEE.


There are criminal sanctions linked to trading and collection offenses in the Swedish environmental code.


There are criminal sanctions in the Swedish environmental code.


Any authority conducting environmental enforcement linked to the environmental act within the country is obliged to report any suspected illegal activity. In first place the exporter/ person arranging the shipment should be prosecuted.

Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal Q31: Is legal persons’ liability established under your legislation? Yes


Criminal. The company itself would not be prosecuted though. A representative, normally the director, for the company would be prosecuted, considered responsible for the wrongdoing of the company.

Q33: Is there a provision for joint liability? No Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? Q35: In your view, what kind of additional provisions should be included into your NATIONAL legislation for enhanced prosecution of such cases? Q36: In your view, what kind of additional provisions should be included into INTERNATIONAL legislation for enhanced prosecution of such cases? Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? No Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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A.17 United Kingdom

EU Questionnaire United Kingdom


The Waste Electrical and Electronic Equipment Regulations 2013. BIS WEEE Guidance Notes The Transfrontier Shipment of Waste Regulations 2007 Hazardous Waste (England and Wales) Regulations 2005 The Waste (England and Wales) Regulations 2011 The Scrap Metals Dealers Act 2013 More detailed guidance is also available from the relevant enforcement agencies.


Equivalent Standard information for WEEE export can be found here: https://www.gov.uk/waste-‐electrical-‐and-‐electronic-‐equipment-‐weee-‐exporting#ES

Q4: In the context of Article 18 of Directive 2012/19/EC (Administrative Cooperation and Exchange of Information) transposition, is there any actual or future program to exchange information on inspections carried out? We don't know Q5: As required by Article 23 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there an inspection system which covers waste shipments, in particular exports of WEEE outside the Union in compliance with Regulation No 1013/2006 (Shipments of Waste Regulation)?

There is an inspection system in place -‐ please refer to the UK enforcement agencies for further information

Q6: In the context of Article 23.3 of Directive 2012/19/EC (Inspection and Monitoring), who is financing the costs of the inspections? Producers and exporters via registration fees Q7: As required by Article 23.2 of Directive 2012/19/EC (Inspection and Monitoring), under your national legislation, is there a programme or strategy implemented/planned to ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI of Directive 2012/19/EC (Minimum Requirements for Shipments)?

This is outlined in Schedule 9 of the Waste Electrical and Electronic Equipment Regulations 2013 -‐ please refer to the UK enforcement agencies for further information


This is outlined in Schedule 9 of the Waste Electrical and Electronic Equipment Regulations 2013 -‐ please refer to the UK enforcement agencies for further information


This is outlined in Schedule 9 of the Waste Electrical and Electronic equipment Regulations 2013. PAS141 also outlines minimum standards for re-‐use operations. PAS141 is a voluntary industry accreditation scheme operated by the Government. Further information is also available here: https://www.gov.uk/waste-‐electrical-‐and-‐electronic-‐equipment-‐weee-‐exporting#ES

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Q10: As stated in Annex VI (b) of Directive 2012/19/EC (Minimum Requirements for Shipments), have the organisations that are allowed to issue a certificate of testing and proof of functionality, been defined? The Accredited Exporter

Q11: Do these organisations have to be accredited by a competent authority?

Yes, via the relevant enforcement agency: Environment Agency, Scottish Environment Protection Agency, Northern Ireland Environment Agency, Natural Resources Wales

Q12: In the context of Annex VI. 1 (c) of Directive 2012/19/EC (Minimum Requirements for Shipments), is there a template or guide for the declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste?

https://www.gov.uk/waste-‐electrical-‐and-‐electronic-‐equipment-‐weee-‐exporting#ES and https://www.gov.uk/government/publications/weee-‐regulations-‐2013-‐government-‐guidance-‐notes provide guidance.






https://www.gov.uk/waste-‐electrical-‐and-‐electronic-‐equipment-‐weee-‐exporting#ES and https://www.gov.uk/government/publications/weee-‐regulations-‐2013-‐government-‐guidance-‐notes provide guidance information

Q16 – Q25 Not applicable Q26: Under your national legislation, what permits are required for treating WEEE?

Formal accreditation under the WEEE Regulations and an Environmental Permit.


The enforcement agencies have a range of penalties from informal and formal cautions up to fines and withdrawal of approval. For deliberate fraud and other serious offences, imprisonment is an option. Further information can be found in Part 14 Regulation 90 -‐ 96 of the WEEE Regulations.


Yes, via the IPPC via The Environmental Permitting Regulations (http://www.legislation.gov.uk/uksi/2010/675/contents/made)

Q29: Who is liable for prosecution, and, who should be prosecuted with regard to the illegal trade of e-‐waste? Exporter Q30: Is liability with regard to the illegal trade of e-‐waste considered to be: Criminal Q31: Is legal persons’ liability established under your legislation? Yes Q32: If corporate liability exists with regard to the illegal trade of WEEE, is it criminal, civil and/or administrative in nature? Criminal

Q33: Is there a provision for joint liability? We don't know Q34: In your view, is your national legislation adequate to prosecute offenses related to trade of e-‐waste? We believe so

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We believe the limiting factor is the level of enforcement resource rather than National legislation


Better coordination between enforcement bodies in the European Union

Q37: Please provide any additional information you may deem important in relation to the illegal trade of WEEE. Q38: Would you like a member of the CWIT Consortium to contact you about obtaining more information on this questionnaire? Yes Q39: Would you like to receive updates, newsletters and publications from the CWIT Project? Yes

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Annex B Responses to International Questionnaire

B.1 Canada

International Questionnaire Canada Q1: Please list all national legislation and policies that affect e-‐waste.

Please see: Lepawsky, Josh. 2012. “Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production.” Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Q2: What stage of development is your national e-‐waste management regulation/ EPR based e-‐waste regulation at?

E-‐waste is mostly a sub-‐national jurisidiction i.e., provincial jurisdiction in Canada.

Q3: If the regulation is Enacted or in Draft, what principle is it based on:

The legislation in Canada states EPR but actually enacts extended consumer responsibility through advance disposal fees.

Q4: Please identify all the areas related to EEE and e-‐Waste that are regulated in your country:

Reporting, Collection/Separation

Q5: Under your national legislation, do companies placing EEE on the market have to register with an official body?

No

Q6: What are the registration requirements?

Q7: Under your national legislation, what product categories are covered?

There is no national legislation.

Q8: Under your national legislation, what information must be reported for EEE?


Q9: Is there a collection system or infrastructure for e-‐waste in your country?

The infrastructure is largely a mix of public/private partnerships organized under provincial waste or environmental legislation.

Q10: Under your national legislation, are there reporting requirements for e-‐waste?

Q11: What are the reporting requirements for e-‐waste?

No national legislation specifically for e-‐waste in Canada.

Q12: Are there substances or products prohibited from being landfilled within your national solid-‐waste and/or e-‐waste legislation?

Don't know

Q13: Is there a collection target for e-‐waste? For individual provinces, yes (and is different from province to province). Nationally, no.

Q14: Under your national legislation, who is responsible for financing the collection of e-‐waste?

As phrased, the question is not applicable. Please see: Lepawsky, Josh. 2012. “Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production.” Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

Q15: Under your national legislation, who is As phrased, the question is not applicable.

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responsible for financing the treatment of e-‐waste?


Q16: If there are recycling targets for e-‐waste in your country, what are they?

Q17: What is the usual collection route for reported e-‐waste amounts?

Dedicated containers for multiple waste, Retailers and shops, Curbside collection







Q20: Under your national legislation, which of the following e-‐waste actions require a permit?

Q21: Under your national legislation, what are the specific e-‐waste related penalties for collection and trading offenses?

Please provide any additional information you deem important in relation to legal requirements.

Your survey assumes the 'nation' to be the most relevant scale for legislation. This is not the case in Canada and only partially the case in the United States. As phrased, the question is not applicable. Please see: Lepawsky, Josh. 2012. “Legal Geographies of E-‐Waste Legislation in Canada and the US: Jurisdiction, Responsibility and the Taboo of Production.” Geoforum 43 (6): 1194–1206. Open access is available here: http://www.sciencedirect.com/science/article/pii/S0016718512000668

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B.2 Chile

International Questionnaire Chile Q1: Please list all national legislation and policies that affect e-‐waste.

Currently, there are no specific regulations for the management of WEEE They are under the Health Regulations Hazardous Waste (DS 148).


In draft/ incomplete


EPR (extended producer responsibility)


Registration, Reporting, Labelling, Recovery


No

Q6: What are the registration requirements? This is under general hazardous law The recyclers the management system


only the one it contains hazardous component


not apply


Private formal recyclers Producer managed there own system Some municipalities organize collection campaign an a few have permanent collection point.


No


no apply


Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls (PBB), Polybrominated diphenyl ether (PBDE)

Q13: Is there a collection target for e-‐waste? no apply


no apply

Q15: Under your national legislation, who is responsible for financing the treatment of e-‐waste?

No apply


No apply


Informal collectors, None, B to B


No


No

Q18: Under your national legislation, are there permits required for the collection, storage, and transportation of used EEE?

No

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[Transportation]


No


No


No


Separation, Disposal


no apply


As we explain above, in Chile e-‐waste, are under the law of hazardous waste and as such generally respond to those standards. Unfortunately, there is no specific rule for e-‐waste

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B.3 China

International Questionnaire China

Q1: Please list all national legislation and policies that affect e-‐waste.

1. "List of Prohibited Goods to be Imported for Processing or Trade", that any e-‐waste is not allowed for import into China; 2. "The Ordinance on Management of Prevention and Control of Pollution from Electronic and Information Products", similar to the EU RoHS, this ordinance regulates the use of hazardous materials in EEE; 3. "Administrative Measures on Pollution Prevention of Waste Electrical and Electronic Equipment", this regulates that recyclers needs to register and obtain license from the government, in order to conduct recycling on e-‐waste; 4. "The Regulation on Management of the Recycling and Disposal of Waste Electrical and Electronic Equipment", similar to the EU WEEE Directive, it clearly regulated the principle of EPR, and defines that producers have to pay for the cost for collecting and treating e-‐waste.


Enacted/ implemented




Product design, Registration, Collection/Separation, Treatment, Recovery


Yes

Q6: What are the registration requirements? Producers have to register in local tax office (which they presumably already di in the past), and the local tax office will directly charge treatment fee according to their POM amount based on the tax declaration.


Appliances from households, IT and consumer equipment (radio, printers, phones etc.), Cooling and freezing appliances (fridges, air conditioners), White goods (Large household appliances e.g. washing machines), Screens (TV, monitors)


Producers must report to the local tax office, for their sales amount of new products. The treatment fee is charged according to the reported amount.


The whole e-‐waste system is managed by the government directly, and the treatment is carried out by qualified recyclers. Producers only pay for the cost based on their sales, and there is no requirement for them to set up compliance scheme or individual system. So far, the treatment facilities are in place, but collection channels are still under construction and development.


Yes


Recyclers should report to the environmental bureau for the amount of e-‐waste they have collected and treated. This is the basis for how much subsidy they will receive from the government. Usually they will report in pieces (for instance, how many units of TV they have dismantled), but they also need to provide mass balances of the treatment system (for instance, how much CRT glass is being generated from the dismantling). The mass balance is used for double checking whether the reported dismantling data is correct or not.

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Lead, Mercury, Cadmium

Q13: Is there a collection target for e-‐waste? There is no collection target in the Chinese WEEE regulation yet


Producers are responsible for the financing for the collection


Producers are responsible for the financing for the treatment


There is no recycling target in the Chinese WEEE regulation yet


Informal collectors, Producers have to buy waste equipment in the waste market or suppliers, sometimes the source also include informal collectors and brokers


No


No


No


No


No


No


Separation, Recycling, Pre-‐treatment, Treatment, Final Treatment, Disposal


When recyclers do not apply for an operation license from the local Bureau of Industry and Commerce, they will be fined for 50,000 to 500,000 RMB (roughly 5900 -‐ 59 000 euro), and their equipment and machinery will be confiscated. When recyclers do not apply for permit from the local Bureau of Environmental Protection to check the environmental standards and qualification of the process, they will be fined for maximally 100,000 RMB (11,750 euro), and their operation will be terminated. When recyclers do not operate according to the environmental standards of e-‐waste treatment (regulated by the Ministry of Environmental Protection), they will be fined for maximally 30,000 RMB (3526 euro) When the environmental bureau is making inspection in the treatment plant, the recyclers will be fined for 2000 -‐ 20000 RMB (235 -‐ 2350 euro) if they makes fraud or refuse the inspection. If they failed to improve according to the

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inspection result, they will also be fined for this range of penalty.


The scope being covered by the Chinese WEEE legislation will subject to changes, according to latest discussion, development or public concerns. Producers are only financially responsible for the cost of the collection and treatment in China. They do not have to operate any physical activities, since all the work will be arranged by the government instead of producers.

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B.4 France

International Questionnaire France







Treatment


Yes



Cooling and freezing appliances (fridges, air conditioners)






Hexavalent chromium

Q13: Is there a collection target for e-‐waste?





Curbside collection





Q19: Are there permits required for the collection, storage, and transportation of e-‐

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waste? [Storage]





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B.5 Japan

International Questionnaire Japan


Waste Management and Public Cleansing Law Law for the Promotion of Effective Utilization of Resources Law for the Recycling of Specified Kinds of Home Appliance Law for the Control of Export, Import and Others of Specified Hazardous Wastes and Other Wastes




Both of EPR and polluter pays


Registration, Reporting, Collection/Separation, Treatment, Recovery


No

Q6: What are the registration requirements? -‐Producers: responsibility for facilities (generally they committe their responsibility to facilities licenced by prefectural governers -‐Recyclers: responsibility for E-‐waste recycling and disposal -‐Generators: responsibility for recycling cost


Appliances from households, Appliances from professions and businesses (e.g. medical devices), IT and consumer equipment (radio, printers, phones etc.), Cooling and freezing appliances (fridges, air conditioners), White goods (Large household appliances e.g. washing machines), Screens (TV, monitors), Other mixed appliances (tools, toys, small appliances e.g hair dryers, coffee machines etc)




Yes


Amount of treatment, types of treatment, etc.




Generators


Generators



Retailers and shops


Yes

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Yes


Yes


Yes


Yes


Yes





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B.6 Kenya

International Questionnaire Kenya


1. environment policy (draft) 2. Revised waste management regulations 3. ICT policy 4. Regulation on ozone depleting substances




Polluter pays


Registration, Reporting, Labelling, Collection/Separation


No



Appliances from professions and businesses (e.g. medical devices), IT and consumer equipment (radio, printers, phones etc.), Cooling and freezing appliances (fridges, air conditioners), Screens (TV, monitors)



yes. we have one facility for collection and separation. It is a private entity and the government is looking at licensing some more players.. The National Environment Management Authority ( a public organization) will be in charge of implementing the revised waste management regulations


Yes


this focuses on a number of areas such as; 1. Do they contain ozone depleting substances etc 2. have to conform to requirements of the Basel convention


Q13: Is there a collection target for e-‐waste? Non at the moment


we expect private players to do this. Government will establish frameworks and policies


Private sector players


we do not have at the moment


Dedicated containers for multiple waste, Informal collectors


Yes


Yes

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Yes


Yes


Yes


Yes




These constitute environmental offenses which are treated at the same level as criminal offences


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B.7 New Zealand

International Questionnaire New Zealand


1) Waste Minimisation Act 2008 (WMA): was introduced to ‘encourage waste minimisation and decrease waste disposal in New Zealand’. Under the WMA, a $10 per tonne levy (excluding GST) on all waste disposed of to landfill was imposed from 1 July 2009. The WMA helps and, when necessary makes, producers, brand owners, importers, retailers, consumers and other parties take responsibility for the environmental effects of their products through product stewardship schemes. The WMA gives the Government the ability to recognise and endorse both voluntary and mandatory product stewardship schemes through accreditation. The purpose of product stewardship as set out in the Waste Minimisation Act is to encourage (and in certain circumstances require) people and organisations involved in the life of a product to share responsibility for: ensuring effective reduction, reuse, recycling or recovery of products managing environmental harm arising from the product when it become waste. Note the WMA is framework legislation and to date no products have been declared priority products and no regulations have been made for requiring product stewardship. http://www.legislation.govt.nz/act/public/2008/0089/latest/DLM999802.html 2) The obligations relating to the import and export of hazardous e-‐waste are specified in the Imports and Exports (Restrictions) Act 1988 and the Imports and Exports (Restrictions) Order (No. 2) which is made under the Act. This legislation enables New Zealand to meet its obligations under the Basel, Stockholm and Waigani Conventions. http://www.legislation.govt.nz/regulation/public/2004/0202/latest/DLM271701.html?src=qs 3) http://www.mfe.govt.nz/issues/waste/weee-‐guidelines/index.html Ministry for the Environment guidelines "Waste electrical and electronic equipment: guidance for collection, reuse and recycling" -‐ not mandatory. 4) The Joint Australian and New Zealand Standard, ‘AS/NZS 5377:2013 Collection, storage, transport and treatment of end-‐of-‐life electrical and electronic equipment’ -‐ voluntary Standard for e-‐waste recyclers and others which outlines minimum requirements for the safe and environmentally sound handling of e-‐waste.


Policy development for regulations under the Waste Minimisation Act





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Yes. Currently a mix of; Council provided drop off facilities (local authorities); drop off sites managed by non-‐government organisations (not for profits) and takeback services provided by some producers for some products. Mostly B2B e-‐waste. Dismantling and sorting occurs onshore, approximately 10-‐15 service providers, some specialise in certain types of e-‐waste, such as lamps only. Commodities, components and whole units exported offshore for reuse and/or recycling. Some commodities, such as scrap metal, recycled in New Zealand.


Yes


In the WMA -‐ the framework and regulations are available for reporting requirements but no regulations are in place yet. Refer to the following sections of the WMA: 12(3)(e), 14(i) and 20 and 88(i)(f)


Landfill Waste Acceptance Guidelines/Criteria (voluntary) https://www.mfe.govt.nz/publications/waste/haz-‐waste-‐guide-‐module-‐2-‐may04/html/page3.html













Export of e-‐waste under the Basel, Stockholm or Waigani Conventions and the OECD Decision

Q21: Under your national legislation, what are the specific e-‐waste related penalties for

http://www.legislation.govt.nz/act/public/1988/0157/latest/DLM137934.html?search=ts_act_Imports+and+Exports+(Restric

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collection and trading offenses? tions)+Act+1988_noresel&p=1 Offenses outlined under the Imports and Exports (Restrictions) Act 1988


I was not able to answer many of the questions as our current legislation provides the framework for product stewardship. Until regulations are made and a product stewardship scheme implemented for e-‐waste we cannot provide the detail on its design -‐ such as who will pay for what? who will report on what data? etc.

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B.8 Nigeria

International Questionnaire Nigeria


-‐NATIONAL ENVIRONMENTAL (ELECTRICAL/ELECTRONIC SECTOR) REGULATIONS 2011, STATUTORY INSTRUMENT 23. -‐HARMFUL WASTE ACT (SPECIAL CRIMINAL PROVISIONS) CAP H1 LFN 2004. -‐ GUIDELINES FOR IMPORTERS OF USED ELECTRICAL AND ELECTRONIC QUIPMENT INTO NIGERIA






Registration, Reporting


Yes

Q6: What are the registration requirements? ¬ The name of the operator of the facility ¬ The registered office address and telephone number of the operator of the recycling plant or the importer where it is a body registered in Nigeria; ¬ Where the operator of the recycler plant or the importer is in partnership, the names of all partners in Nigeria should be provided; ¬ The address for service of notices if different from that referred to in paragraph 2; ¬ In the case of an application made by an operator of a recycling plant, the name and address of each recycling plant in respect of which it is applying for approval; ¬ Confirmation of whether or not the operator of the recycling plant or the importer has been convicted of an offence under these Regulations; and where a positive confirmation is given an explanation of how the contravention of these regulations which resulted in the conviction occurred and what steps have been taken to ensure such a contravention will not occur in the future; ¬ Certification of equipment by relevant statutory body; ¬ Approval by State’s Development Control Authority; ¬ Brief technical description of the process; ¬ Environmental Impact Statement or evaluation report as the case maybe; and ¬ Any other information that will help the Agency in fast tracking the approval.




¬ Quantity of of EEE put on the market by producer ¬ Quantity of e-‐waste collected from consumer by collectors


At the moment, there is no e-‐waste collection facility for the category of Electrical/Electronic goods covered by the

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regulations in Nigeria, although mechanism are currently being put in place for take-‐off of the programme.


Yes


¬ File annual returns to the Agency on or before 30th June following the financial year. ¬ Maintain records of e-‐waste handled


Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls (PBB), Polybrominated diphenyl ether (PBDE), Polychlorinated biphenyls (PCBs)

Q13: Is there a collection target for e-‐waste? Not yet Developed


Producers


Producers


Not yet Developed


Dedicated containers for multiple waste, Retailers and shops, Informal collectors


No


No


Yes


Yes


Yes


No


Recycling, Disposal


N500,000.00 (~€2,315) or imprisonment for 2 years for importation of unserviceable e-‐waste by individual and N1,000,000.00 (~€4,625) by body corporate. N200,000.00 (~€925) or imprisonment for 6 months or both and additional fine of N5,000 (~€23) for every day the offence subsists for any person or body corporate that discards e-‐waste anywhere except in designated collection centre, burn e-‐waste, break cathode ray tubes improperly, leach precious metals with acids and other hazardous waste from printed wire boards e.t.c.


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B.9 Slovakia

International Questionnaire Slovakia


Law on waste Nr. 223/2001 in sound of all changes Regulation Nr. 315/2010 Z.z. about of charging with EEE and WEEE Regulation Nr. 310/2013 Z.z. Regulation Nr. 126/2004 Z.z.






Product design, Registration, Reporting, Labelling, Collection/Separation, Treatment, Recovery


Yes

Q6: What are the registration requirements? Company name Place of the seat Category of EEE PoM in SR ID Nr., VAT ID Nr. Charging with WEEE -‐ individual or in cooperation with Kolektiv scheme Financing guaranty




AMount of EEE PoM Collected WEEE Treated WEEE, Treated WEEE in SR, Treated WEEE in EU, Treated WEEE outside of EU Recycled WEEE, Recycled WEEE in SR, Recycled WEEE in EU, Recycled WEEE outside of EU Recovery efficiency Recycling efficiency Producer or Compliance scheme


The WEEE is separate collected, all actors in WEEE system -‐ collectors, transporters, recyclers are private.


Yes


Annualy, see answer to Q8 for each category of EEE, weight, Producers or CS are obliged to report to MoE


Lead, Mercury, Cadmium, Hexavalent chromium, Polybrominated biphenyls (PBB), Polybrominated diphenyl ether (PBDE)

Q13: Is there a collection target for e-‐waste? Yes, 4kg/inhabitans


Producer

Q15: Under your national legislation, who is Producer

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responsible for financing the treatment of e-‐waste? Q16: If there are recycling targets for e-‐waste in your country, what are they?

4 kg/inhabitans of all EEE categories


Dedicated containers for multiple waste, Retailers and shops, Curbside collection


No


No


No


Yes


Yes


Yes


Separation, Recycling, Pre-‐treatment, Treatment, Final Treatment


Financial implication from 300 EUR to 165 969,59 EUR


Documents

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