WEEE
Q: Must the WEEE be implemented similarly
throughout Europe?
A: No. The WEEE Directive is an Article 175 Directive,
which allows EU member countries to develop their own implementation approaches. This provision
is intended to provide flexibility to member states to make use of existing collection and
recycling infrastructure, and/or to customize implementation schemes that account for wide
variations in population density. In fact, the WEEE Directive sets minimum criteria that, for
example, member States may exceed if they wish. However, this means
that the actual obligations, and thus implementation strategies, for producers may vary
significantly among the member States into which their products are put on the market. While
many industry organizations have advocated for a harmonized approach to WEEE transposition, to
date there are notable inconsistencies in how the Directive is being interpreted and applied at
the EU member state level. For example, the UK is likely to allocate financial responsibility
to producers based on their market share based on sales from the previous year, while other
countries are assigning individual responsibility for WEEE as it is created.
Q: Who is a "producer"?
A: A producer is someone who manufactures and sells under
their own brand, resells under their own brand or imports goods into the EU. A producer may also
be an exporter, if exporting into another EU member country. Only whole products are covered -
if importing a part of another product or a component, then the WEEE Directive does not cover
this.
Q: If I am a "producer" under WEEE, am I
also a "producer" under RoHS?
A: Not necessarily. Some products covered under WEEE are
exempt under RoHS. But all exemptions are subject to regular review and update, and unless it
can be demonstrated that no alternatives exist or that the alternatives are more impacting
than the exempted application, it will be removed from the exempt list. The point is that you
can expect that eventually all exemptions will go away.
Q: What does "producer responsibility"
mean?
A: Producer responsibility is the act of making the
'producer of a product' responsible for the product throughout its entire life cycle, including
the disposal at end of life. Currently in the EU, the company or individual disposing of waste
is responsible for the cost associated with disposal or recycling. The general public pay for
waste management services through council tax payments and businesses pay waste collection
companies to remove and manage their waste. In the future it will be the 'producers' of
electronic and/or electrical equipment who will be paying for the management of their products
once they become waste.
Q: What, then, are the actual Producer
requirements under the WEEE Directive for each member state?
A: The deadline for EU countries to transpose the WEEE
Directive into law was August 13, 2004, unfortunately only a handful of countries have
officially transposed the directive (Greece, Belgium and the Czech Republic). While most
EU countries have draft implementation legislation, it is unclear exactly what the final
requirements for each member state will be. Such uncertainties and inconsistencies throughout
the EU, combined with a lack of clarity in such critical areas as the scope of the Directives,
inevitably jeopardize the ability of the electronics industry to prepare for the August 13,
2005 implementation deadline.
Q: Where do I find information about each
member state?
A: Ask us. Even though this is unclear, M&A's regulatory
tracking service will provide our clients with information on the latest legislative developments
in each EU member state.
Q: How do I know if my products are
covered?
A: Annex 1A of the WEEE Directive lists categories of
electronic and electrical equipment falling into ten broad categories with a voltage of up
to 1,000 AC and 1,500 DC. If your products fall into any of the ten categories, and are not
part of another type of equipment which does not fall into any of these categories, then the
chances are they will be covered by one or both of the directives.
Please be aware that if your products do not seem to fall into any of the ten categories
they may well still be covered as the appliance listed are indicative, not exhaustive examples
in each of these categories.
Q: How much WEEE do we have to collect
and recycle?
A: Target rates for reuse, recycling and recovery outlined
in Article 7 of the WEEE Directive will determine how much WEEE you need to collect and recycle.
This will depend on which category your products fall under.
By 31 December 2006 all EU producers must meet the target rates for the products they are
responsible for.
The target rates are a minimum requirement against an average weight per appliance with
priority given to the reuse of whole appliances. Example: If your products fall under categories
3 or 4 of Annex 1A, recovery of each appliance must be increased by a minimum of 75%. Reuse and
recycling of each appliance must be increased by a minimum of 65%.
Please be aware that alterations to the target rates are likely to occur in the future. This
shall be done with account being taken of the environmental benefits of electrical and electronic
equipment in use, such as improved resource efficiency resulting from developments in the areas
of materials and technology. Technical progress in reuse, recovery and recycling, products and
materials, and the experience gained by the Member States and the industry, shall also be taken
into account.
Q: How is WEEE responsibility allocated?
A: Varies by member state, but in the UK it is likely to be
allocated as a proportion of WEEE "separately collected" and based on market share by weight.
Producers must register and provide sales information to each member states government, etc.
Q: What does "separately collected"
mean?
A: The precise definition of 'separately collect' still
has to be finalized, but it is generally taken to mean that facilities should be provided to
allow WEEE to be collected separately from other waste. If WEEE, such as a Walkman, was to be
thrown out with households general refuse, there is no obligation on anybody (e.g. a local
authority) to separate it later.
Q: What does 'recovery' mean?
A: Recovery does not mean "collect;" it means recycling,
energy recovery, etc. The WEEE Directive makes use of Annex IIB the Council Directive
75/442/EEC to cross-reference the definition of recovery operations.
Q: What does "recycling" mean?
A: As defined in Article 3 of the WEEE Directive 'recycling
means the reprocessing in a production process of the waste materials for the original purpose
or for other purposes, but excluding energy recovery which means the use of combustible waste
as a means of generating energy through direct incineration, with or without other waste, but
with the recovery of the heat.
Q: Reused as whole?
A: Reuse can be applied to the entire appliance or product
or parts, including refurbished IT equipment. If it is first separately collected and then
assessed for reuse and taken out of the waste stream. However, whole appliances from private
households donated directly to reuse organizations with the intention of reuse (i.e., not
perceived as waste) will not count toward "separately collected" targets unless they cannot
be refurbished and are subsequently discarded as scrap.
Q: Do retailers have a role to play?
A: Yes, when purchasing a piece of electrical or electronic
equipment after 13 August 2005 retailers will be obliged to offer free take back and accept, on
a one-to-one basis, a similar waste appliance or product. Alternatively, the retailer may offer
an alternative method (e.g. a prepaid envelope to return a small appliance, such as a mobile
phone), so long as this does not make it more difficult for the consumer to return WEEE. As
many electrical products are discarded without the purchase of a new, similar product, WEEE
collection facilities will also be made available.
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