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
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%
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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 1980
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Flemish experience with WEEE policy
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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.
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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)
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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
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
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 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)
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)
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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)
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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