RoHS and WEEE Directives - the EC Reviews April 2011

Outline of the Presentation  Why Reviews?  Process  Latest Progress – RoHS & WEEE  Forward Look & Further Information

Why Reviews?

Rationale for the RoHS Review  Article 6 of the original Directive  ‘Mandatory’ issues to be included: - - potential inclusion of WEEE Categories 8 & 9 in scope of RoHS and - potential amendment to the list of substances; RoHS 6+

Rationale for the WEEE Review  Article 5.5 – Establishment of a new mandatory collection target  Article 7.4 – New targets for recovery, reuse and recycling for all categories, including (for the first time) category 8  Article 17.5 – Proposals for a new revised Directive

Process

European Commission European Parliament Council 27 Member States Vote Environment Committee Commission’s proposals December 2008 Plenary vote Environment Council Negotiations If agreement = first reading deal If no agreement = second reading 18 months + If no agreement at second reading = conciliation

Key Players in the Environment Council The Presidency (Czech Republic – Jan to June 2009; Sweden – July to Dec 2009; Spain – Jan to June 2010; Belgium – July to Dec 2010; Hungary – Jan to June 2011; Poland – July to Dec 2011) The European Commission All 27 EU Member States

EP Committee on Environment, Public Health and Food Safety WEEE Rapporteur Karl-Heinz FLORENZ Group of the European People's Party (Christian Democrats) Christlich Demokratische Union Deutschlands RoHS Rapporteur Jill EVANS Group of the Greens/European Free Alliance Plaid Cymru - Party of Wales

Latest Progress

The RoHS Recast ** Headline ** ** Headline ** Nov Nov First Reading Deal Secured!

The RoHS recast – Key Issues  Scope - scope exclusions & definitions  Additional Substances  The Exemptions Procedure - new exemptions for Categories 8 and 9  The ‘Goods Package’

Scope The Directive will apply to: - the 8 original RoHS Categories plus WEEE Categories 8 and 9 – phased in between 3 and 6 years plus Category 11 – “Other EEE not covered by any of the categories above”! But delayed…………. Category 11 does not apply for 8 years …. and subject to review to be undertaken by Commission within 3 years In addition, list of agreed exclusions to ‘open’ scope

Scope - Agreed Exclusions 1.Military equipment 2.Equipment designed to be sent into space 3.Equipment designed and installed as part of another type of equipment not within scope 4.Large-scale stationary industrial tools 5.Large-scale fixed installations 6.The means of transport 7.Non-road mobile machinery for professional use 8.Active implantable medical devices 9.Photovoltaic panels 10.R&D equipment only available on B to B basis

Scope - Definitions “Electrical and Electronic Equipment (EEE)”  Same as that in the current RoHS Directive “Dependent”  Commission's FAQ – dependent on electric current or electromagnetic fields for its primary function  Recast – dependent on electric currents or electromagnetic fields to fulfil at least one intended function

Additional Substances  No immediate change to the restricted list of the RoHS six substances, ( ie. lead, mercury, cadmium, hexavalent chromium, PBBs and PBDEs) but…….  Recital 10 – HBCDD, DEHP, BBP and DBP  REACH-based methodology, Article 6

Exemptions Procedure Substitution is scientifically or technically impraticable Reliability of substitutes Total negative environmental, health and consumer safety impacts of the substitution outweigh the total environmental, health and consumer safety benefits Availability of substitutes Socio-economic impact of substitution Impacts on innovation Life-cycle thinking Stand-alone criteria for granting Criteria for granting and length Criteria for length

Exemptions Procedure Duration of the Exemptions 5 years for Categories 1-7, 10 and 11 7 years for Categories 8 and 9 Renewal Application to be made 18 months before exemption expires Commission to decide no later than 6 months before expiry date Rejection of renewal or exemption shall not take effect until at least 12 months and no later than 18 after the date of the Commission decision

Lists of Exemptions  Annex III exemptions apply to all Categories  Annex IV for exemptions that are specific to Medical Devices and Monitoring & Control Instruments (that is Categories 8 and 9).

The ‘Goods Package’  Recast Directive is aligned with EC Regulation No. 765/2008 (RAMS), which sets out the requirements for accreditation and market surveillance relating to the marketing of products  The RAMS Regulation has been directly applicable in all Member States from 1 January 2010  CE marking  Articles 7 to 18 and Annex VI

The WEEE Recast ** Headline ** ** Headline ** March 2011 March 2011 Political Agreement on First Reading Reached!

The WEEE recast - Key Issues  Scope  New Member State collection target  Higher recovery, reuse & recycling targets  Producer Issues  Illegal shipments

Scope Council has proposed the Directive should apply to: the original ten Categories for 6 years on a ‘closed’ scope basis Then streamlined to five Categories on an ‘open’ basis But …………. …. subject to review to be undertaken by Commission within 3 years In addition, list of additional exclusions to ‘open’ scope

Scope - Agreed Exclusions Straightaway - Military equipment Equipment designed and installed as part of another type of equipment not within scope On move to ‘open scope’ - Equipment designed to be sent into space Large-scale stationary industrial tools Large-scale fixed installations The means of transport Non-road mobile machinery for professional use R&D equipment only available on B to B basis Medical devices and In Vitro Diagnostic Medical Devices

New MS Collection Target  Proposed change in the way the MS target collection rate target is calculated.  Move from 4kg per capita to 45% POTM basis four years after Directive comes into force, but…. subject to a review no later than 3 years  Rising to 65% after a further four years, but again… subject to a review no later than seven years

Recovery, reuse & recycling targets  Current recovery, reuse and recycling targets to remain for three years  All targets to be increased by 5% after three years to account for re-use  But target set for Medical Devices for the first time straightaway (75% recovery; 55% recycling and reuse)

Producer Issues  Extension of producer responsibility for collection from households – Member State option  ‘Producer’ to be defined on a national (not EU) basis  Harmonised regime – practicalities

Illegal Shipments  Introduction of minimum monitoring requirements for the shipment of WEEE/used EEE  New Annex to address concerns of illegal exports and ‘dumping’  Interface with Waste Shipment Regulations

However……… Second reading still to come and EP views conflict with Council/Member States on: -  Scope – immediate ‘open’ scope  Higher collection targets and sooner  Separate reuse targets  EU-wide definition for ‘producer’  Retailer obligations

Forward Look

RoHS  EP Plenary Vote confirmed agreement – 24 November 2010  Council adoption – 11 April 2011  OJ publication- June 2011?  New UK Regulations – September 2012?  New Directive applies from January 2013?

WEEE  EP Plenary Vote on First Reading – 3 February 2011  Council political agreement– 14 March 2011  Second reading from July 2011?  Final agreement – December 2011?  New requirements coming into force – January 2014 or later?

Further Information  EC website  BIS website and-product-regulations/environmental-regulations  EP website

Thank you and questions? Steve Andrews Environmental & Product Regulation Directorate Department for Business, Innovation & Skills 1 Victoria Street London SW1H 0ET United Kingdom - Website -