WEEE Recast it, reuse it Yorg Aerts Policy advisor Public 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 Rapporteur for European Parliament: Karl-Heinz Florenz Discussions in EP on stream 2010 Vote COM ENVI 22 June 2010 Vote plenary 2-3 February 2011 Political agreement in Council under HU Presidency 14 March 2011

23 May 2011Yorg Aerts5 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

23 May 2011Yorg Aerts6 Motivation Commission's proposal for recast 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

23 May 2011Yorg Aerts7 Motivation Commission's proposal for recast 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

23 May 2011Yorg Aerts8 Main elements in recasted Directive - Scope and related definitions - Producer definition - Collection targets - Recovery targets - Very small WEEE - Registration - Monitoring requirements regarding export (EEE vs WEEE)

23 May 2011Yorg Aerts9 Main elements in recasted Directive Scope: - separate scope from RoHS - open scope after 6 years - solar panels are in the scope - waste categories - exceptions (art. 2.3)

23 May 2011Yorg Aerts10 Main elements in recasted Directive 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%

23 May 2011Yorg Aerts11 Main elements in recasted Directive 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.

23 May 2011Yorg Aerts12 Main elements in recasted Directive 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 Flemish experience with WEEE policy

14 Legal framework: Flanders 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.

15 Legal framework: Flanders 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)

16 Legal framework: Flanders 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 1)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

Legal framework: Flanders 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 The second in Recupel, the management body for WEEE, was founded in 2001 First approval of individual schemes:

18 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

19 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

20 Recupel Household WEEE (financial structure) Wholesaler Retailer Take back New product ImporterManufacturer Consumer for recycling x € y € z € 1 € Recupel: household WEEE (financial structure)

Recupel household WEEE (collection) Collection network via: Retail 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 collection points 21 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 22 Recupel: household WEEE (collection)

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) 23 Recupel: household WEEE (collection)

24 Recupel household WEEE (collection) Consumer Used good centre Retail Container Park RCS Recycler FCS FCS = Finely meshed collection station RCS = Regional collection station Re-use Recupel: household WEEE (collection)

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% 25 Recupel: household WEEE (recycling) EU targetachieved 70%88% 80%84% 80%87% 70%73% 80%95%

26 Recupel household WEEE: recycling Treatment Manual dismantlement of the dangerous components (CFC, picture tube,...) Specific treatment following the fraction (chemical or mechanical) Recupel: household WEEE (recycling)

27 Recupel household WEEE: sensibilisation Recupel: household WEEE (awareness raising)

28 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)

29 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)

30 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

31 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

32 Individual scheme  Is it environmentally responsible to reuse an old energy- consuming refrigerator? Reuse of CRT-screens = environmentally responsible?

33 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?

34 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

35 Individual scheme : 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

36 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 Europe Policy Innovation Service Waste and Materials Management Department OVAM Flemish Public Waste Agency Stationsstraat 110 | B-2800 Mechelen | BELGIUM T | F E |