WEEE Recast it, reuse it

WEEE Recast it, reuse it

Yorg AertsPolicy advisorPublic Waste Agency for Flanders, Belgium

6 March 2012

6 Feb 2012Yorg Aerts3

Outline presentation today

WEEE recast Timing of the process

Motivation Commission's proposal for recast

Main elements in recasted Directive

Flemish experience with WEEE

Reuse criteria

Discussion

23 May 2011Yorg Aerts4

WEEE recast: Timing of the process

Commission's proposal: published 3 Dec 2008

Dossier taken up in Council under Czech Presidency 2009;Swedish, Spanish, Belgian Presidencies trying to take the dossier to a balanced compromise 2009-2010

Rapporteur for European Parliament: Karl-Heinz FlorenzDiscussions in EP on stream 2010Vote COM ENVI 22 June 2010Vote plenary 2-3 February 2011

Political agreement in Council under HU Presidency 14 March 2011


Timing of the process

Second reading under Polish Presidency: four trilogues needed to reach compromise.

Compromise reached after fourth trilogue 20 Dec

EP voted positive 19 Jan 2012, Council now to formally adopt text



Experience with first years of implementation 2002/96/EC:

- unintentionally costly efforts from market actors and administrations

- continuing environmental harm

- low levels of innovation in waste collection and treatment

- a lack of level playing field or even distortion of competition

- unnecessary administrative burden

Better regulation exercise from the Commission's side

Revision foreseen in 2002/96/EC itself: e.g. new collection targets



Specific objectives of this recast were:

- reduced administrative costs

- improved effectiveness, increased compliance and reduced free-riding

- reduced impacts on the environment from the collection, treatment and recovery of WEEE



- Scope and related definitions

- Producer definition

- Collection targets

- Recovery targets

- Very small WEEE

- Registration

- Monitoring requirements regarding export (EEE vs WEEE)



Scope:

- separate scope from RoHS

- open scope after 6 years

- solar panels are in the scope

- waste categories

- exceptions (art. 2.3)



Producer definition:

- in principle a producer is defined when putting equipment on a national market

- attention for distant sellling

- link with registration: authorized representative

Collection targets:

- 4kg/inh/y or sustain level reached so far above 4 kg

- within 4 years 45% of the EEE put on the market the preceding three years

- within 7 years 65% or possibility to come to WEEE generated-target of 85%



Recovery targets:

- preparation for reuse included in recovery targets: no separate reuse targets

- targets: elevated +5%

Very small WEEE:

- shops >400 m² obliged to take back free of charge WEEE that is smaller than 25 cm in all dimensions.



Registration:

- harmonisation of registration: format, electronic registration

- addition legal representative especially for distant sellers

Monitoring requirements (EEE vs WEEE): New Annex:

- Correspondent's Guidelines (WSR) translated in legislative form into Annex in WEEE

- burden of proof on exporter and no longer on inspector

- relation with PACE and Basel work on this topic

Legal framework: Flanders

Belgium consists of three regions:

Flanders

Wallonia

Brussels

Environment is for most aspects a regional competence since 1980

Integration into regional legislation since 1980

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Flemish experience with WEEE policy

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Waste decree (1981, revised subsequently)

Art.10 states that the Flemish Government can indicate for which wastes there is a take-back obligation

Take-back obligation for the final seller, the intermediary, and the producer/importer

The obligatory acceptance for the final seller entails the final seller having to accept the product the customer wishes to discard that corresponds to the new product he purchases.

The intermediaries are bound to accept the wastes received by the final sellers, and this proportionate to the deliveries of products made by them to the final sellers.

The producers or importers are to accept wastes received by the final sellers or the intermediaries and take responsibility for their recovery or disposal, and this proportionate to the deliveries of products made available by them to the final sellers or intermediaries.

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VLAREA (1998): Flemish regulation relating to waste prevention and management, executing the waste decree

Chapter 3: Take-back obligation for the following wastes: waste from printed matter (since 1998)

scrapped batteries and accumulators (since 1998)

WEEE (since 1999)

scrapped vehicles (since 1999)

scrap tyres (since 1999)

waste oil (since 2004)

old and out-of-date medicines (since 2004)

animal and vegetable waste fats and oils (since 2004)

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VLAREA, chapter 3:

Producers can comply with the take-back obligation of WEEE in two ways:

1) Federations of producers can sign an environmental policy agreement, which results in the formation of a management body (= collective scheme) The management body takes over the obligations of the individual producers

2) Producers can comply individually (= individual scheme): producers have to compose an individual waste prevention and waste management plan, which has to be approved by OVAM


Flanders already had a WEEE legislation in 1998

= 4 years before the publication of the WEEE-directive in 2002

The first ‘environmental policy agreement’ about WEEE was signed in 2001. The second in 2009.

Recupel, the management body for WEEE, was founded in 2001

First approval of individual schemes: 2006

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What is the take-back obligation?

Basic principles

Producer/importer responsible for collection, treatment and recovery

Finance

Environmental targets

Awareness raising

Prevention

Reporting

Take-back obligation

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Recupel: mission and objectives

Recupel takes over the take-back obligation of importers and manufacturers:

1. Logistical structure for collection, transport and recycling of WEEE

2. Communication and information

3. Financial and administrative structure

4. Self control and reporting

Collective scheme: Recupel

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Recupel Household WEEE (financial structure)

Wholesaler

Retailer

Take back

New product

ImporterManufacturer

Consumerfor recycling

x €

y €

z €

1 €

1 €

1 €

1 €

Recupel: household WEEE (financial structure)

Recupel household WEEE (collection)

Collection network via:

Retail

3.454 collection points

30% of total volume

Civic amenity sites (container parks)

520 collection points

55% of total volume

Private collection points

22 collection points

5% of total volume

Social economy and used-good centres

22 used-good centres

10% of total volume

2011: more than 4.000 collection points21

Recupel: household WEEE (collection)

Recupel household WEEE collection

Sorting in 5 fractions

Television and computer monitors (CRT)

Refrigerators and freezers (CFC)

Large electric domestic appliances

Small domestic appliances and ICT

Gas discharge lamps

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Recupel household WEEE: collection

Belgium subdivided in +/- 70 collection areas

Inter Municipal RCS (Ivago, Intradel, Igean ….)

Distribution RCS (Krëfel, Vandenborre, Siemens ….)

Social Economy (Televil, La Poudrière, …)

Each area has its own ‘RCS’ or Regional Collection Station and network

Role of a RCS:

To organise and to regroupe the WEEE from the container parks

To sort the WEEE in 5 fractions

Accessible for retail and companies (deposit of large amounts)

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Recupel household WEEE (collection)

Consumer Used good centreRetail

ContainerPark

RCS

Recycler

FCS

FCS = Finely meshed collection stationRCS = Regional collection station

Re-use


Recupel household WEEE: collection

Selection partners based on strict environmental requirements

Storage, sorting and recycling in five fractions because of different treatment:

TVM (TV and CRT monitors)

CF (cool and freeze)

BW (big white)

OTH (other appliances)

LMP (gas discharge lamps)

Flemish targets for ferro, non-ferro, plastics: 95%, 95%, 50%

Achieved: 100%, 100%, 63%

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Recupel: household WEEE (recycling)

EU target achieved

70% 88%

80% 84%

80% 87%

70% 73%

80% 95%

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Recupel household WEEE: recycling

TreatmentManual dismantlement of the dangerous components (CFC,

picture tube, ...)

Specific treatment following the fraction (chemical or mechanical)

Recupel: household WEEE (recycling)

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Recupel household WEEE: sensibilisationRecupel: household WEEE (awareness raising)

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Recupel non household WEEE (financial structure)

Household WEEE (All-in Fee)

Per unit put on the Belgian market

Covers all the costs for collection, transport, recycling, communication, reporting and administration

Non household WEEE (administrative Fee)

Per unit put on the Belgian market

Covers only the costs for communication, administration and reporting to the government

Covers NO operational costs!

Recupel: non household WEEE (financial structure)

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Recupel non household WEEE collection

2 possibilities

The charter:

collection of professional WEEE without direct intervention of Recupel

professional end user agrees with the financial and logistics conditions with a collector/charter operator of his choice.

operators who sign the Recupel charter are committed to collecting and treating professional WEEE with due diligence, aiming at an achievement of the recycling objectives. In this way they will become an operator accepted by Recupel.

charter operators have to report to Recupel. In return they receive a fee.

The ‘full service’:

All is handled by Recupel: Recupel chooses a contractor for the collection and treatment of the professional WEEE. This implies a charge.

Recupel: non household WEEE (collection)

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Individual scheme

Producers can comply individually: producers have to put together an individual waste prevention and waste management plan, which has to be approved by OVAM

‘Individual waste prevention and waste management plan’:

plan about prevention, selective collection, awareness raising, and optimal processing

non household WEEE: individual schemes

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Individual scheme

WEEE-directive (2002/96):

‘Where appropriate, priority should be given to the reuse of WEEE’ (recital 18)

‘Member states shall give priority to the reuse of whole appliances’ (art.7)

+ waste hierarchy (WFD)

When is it appropriate to give priority to the reuse of WEEE or used EEE? OVAM believes that there is a need for having criteria by which it is

possible to determine whether or not a discarded or used appliance, from an environmental perspective, is best sent to reuse or to recycling.

Reuse: Flemish criteria

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Individual scheme

Is it environmentally responsible to reuse an old energy-consuming refrigerator?

Reuse of CRT-screens = environmentally responsible?

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Individual scheme

CRT-screens contains a lot of hazardous substances (e.g. lead)

In developing countries, CRT’s often end up in the informal waste ‘treatment’ sector, whereby the hazardous substances end up in the environment

Is it environmentally responsible to send CRT-screens to developing countries as second-hand goods?

Reuse of CRT-screens = environmentally responsible?

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Individual scheme

OVAM has developed a set of specific criteria for different product categories by which it is possible to determine whether or not the reuse of a used appliance is environmentally responsible

Based on 3 requirements:

Objectivity

Environmental relevance

Practical applicability

Reuse criteria for different product categories

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Individual scheme

- 2012: Code of good practice

Voluntary approach, not yet legally binding Voluntary adopted by collective scheme Recupel

• All collected WEEE undergoes a selection on reuse

• Preparation for reuse in accordance with the code of good practice

• Only WEEE that meets the reuse criteria is made available for reuse

- Impact: Only used EEE that meet the criteria can be sold as a second-hand

product

Only used EEE that meet the criteria can be exported or imported as a second-hand product

Implementation and impact of the reuse criteria in Flemish waste and materials policy

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Individual scheme

Criteria regarding the appliance’s condition e.g. fully functional, electrically safe, intact insulation (cooling

equipment), no cosmetic damage,…

Criteria regarding the environmental impact of reuse e.g. absence of hazardous substances, no CFC, no CRT to be

reused, energy label

Criteria regarding the certainty of reuse e.g. packaging/loading, regular (contemporary) market

Content of the reuse criteria

Thank you!

Yorg Aerts | policy team EuropePolicy Innovation ServiceWaste and Materials Management DepartmentOVAM Flemish Public Waste AgencyStationsstraat 110 | B-2800 Mechelen | BELGIUMT +32 15 284 348 | F +32 15 413 072E [email protected] | www.ovam.be

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WEEE Recast it, reuse it