EC Review of the WEEE Directive

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					The EC RoHS and WEEE
   - Stakeholder Update

                 20 June 2011
14:00   Introductions
14:10   RoHS Update & Implementation Plans
14:30   Q&A and Discussion on Key Issues
15:15          Tea & Coffee Break

15:30   WEEE Negotiations Update
15:50   Q&A and Discussion on Key Issues
16:45          Close
                 European Commission
         Commission’s proposals published December 2008

                                                        27 Member States
Vote Environment          Negotiations
   Committee                                        Environment Council

  Plenary vote

                    If agreement = first reading deal

                   If no agreement = second reading
                                                                18 months
                   If no agreement at second reading
                              = conciliation
RoHS Directive
Update & Implementation
Headline: November 2010

    First Reading Deal Secured!
Key Issues

   Scope
   Exclusions
   Additional Substances
   Exemptions Procedure
   The ‘Goods Package’
The Directive will apply to: -

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

But delayed………….
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
 Commission's old FAQ – dependent on electric
  current or electromagnetic fields for its primary
 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)


 will be covered by the review at 3 years which will
  be based on a REACH methodology, (Article 6)
Exemptions Procedure
                 • Substitution is scientifically or technically
 Stand-alone       impraticable
  criteria for   • Reliability of substitutes
   granting      • Total negative environmental, health and
                   consumer safety impacts of the substitution
                   outweigh the total environmental, health
                   and consumer safety benefits

  Criteria for   •   Availability of substitutes
 granting and    •   Socio-economic impact of substitution

  Criteria for   •   Impacts on innovation
    length       •   Life-cycle thinking
Exemptions Procedure
Duration of the Exemptions
• 5 years for Categories 1-7, 10 and 11
• 7 years for Categories 8 and 9
• Application to be made 18 months before exemption
• 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
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
RoHS Implementation
Implementation policy
 Coalition agreement Commitments
  – BRE paper: Reducing Regulation Made Simple
    (PDF, 292 Kb)
 Guiding Principles
  – always use copy out, except where doing so would
    adversely affect UK interests
  – Regulations to include a statutory duty for
    Ministerial review every five years.
  – Ensure regulations come into force on (rather than
    before) the transposition deadline
Practicalities of implementation
 UK Impact assessment
 Better Regulation process
   Reducing Regulation Committee (RRC)
 Consultation
 Guidance
 Commission IA and reviews
RoHS 2 – The Transition
                            Directive enters into force 20th day following publication OJ in 2011 (Art 27)

2010      2011       2012        2013        2014       2015        2016        2017       2018        2019     2020   2021
-1        0          +1          +2          +3         +4          +5          +6         +7          +8       +9     +10
                                  Interpreted scope of existing categories
                                      Vs. New definition of dependent

                              Two wheel vehicles which are not type approved

                                             Medical                In vitro    Ind.                   Cat 11
                                             Devices                medical     monit. +
                                             Control                devices     control                Art4
                                             Instr.                             Instr.                 cables
 Reuse of recovered EEE spare parts in closed loop exempt (to July 2016)

                     Transit-                Review                 Cion                                               General
                     on                      Annex                  delegat-                                           review
                     deadlin-                IV, IA,                ed
                     e                       Scope                  powers
Forward Look - RoHS
   EP Plenary agreement – 24 November 2010
   Council adoption – 27 May 2011
   Final text 8 June 2011
   OJ publication – July 2011?
   UK Consultation – Autumn 2011
   New UK Regulations – October 2012
   RoHS Guidance – October 2012
   New Directive applies from January 2013?
Q&A and Discussion

1. Scope
2. Timing
3. Guidance
WEEE Directive
EC Negotiations Update
 Headline: 14 March 2011

Political Agreement on First Reading
Key Issues

   Scope
   New Member State collection target
   Higher recovery, reuse & recycling targets
   Producer Issues
   Illegal shipments
Council has proposed the        …. subject to review to be
  Directive should apply to:     undertaken by
                                 Commission within 3
• the original ten Categories    years
  for 6 years on a ‘closed’
  scope basis
                                In addition, list of additional
                                   exclusions to ‘open’ scope
Then streamlined to five
  Categories on an ‘open’

But ………….
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
  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 –
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
Second reading still to come and EP views conflict
  with Council/Member States on: -

       Scope – immediate ‘open’ scope
       Higher collection targets and
       Separate reuse targets
       EU-wide definition for ‘producer’
       Retailer obligations
              Forward Look

 EP Plenary Vote on First Reading – 3 February
 Council political agreement– 14 March 2011
 Second reading – Polish Presidency
 Final agreement – December 2011?
 New requirements coming into force –
  January 2014 or later?
Q&A and Discussion

1. Scope (Article 2 and Annexes I, II, III & IV)
2. Member State Collection Targets
   (Articles 7 & 12)

3. Recovery, Recycling and Reuse Targets
   (Article 11 and Annex V)

4. Definition of ‘producer’ (Article 3)
5. Illegal Shipments (Article 10 and Annex VI)
Further Information on WEEE & RoHS

 EC website

 BIS website

 EP website

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