Business Alert - EU
Business Alert - EU |
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WEEE and RoHS update for some major EU economies Hong Kong businesses importing electronic goods into the EU may be wondering about the current status of the implementation of Directive 2002/96/EC on Waste Electrical and Electronic Equipment (the "WEEE Directive") and Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the "RoHS Directive"). The following text provides an update of the current situation in four Member States, namely France, Germany, Italy and the United Kingdom (UK): France: National Legislation - In France, Decree 2005-829 of 20 July 2005 ("Decret relatif à la composition des equipements electriques et ectroniques et a l'elimination des dechets issus de ces equipements") which transposes the WEEE and RoHS Directives, was published in the French Official Journal on 22 July 2005. Competent Bodies - The Ministry in charge of this Decree is the Ministry of Ecology and Sustainable Development (Ministere de l'Ecologie et du Developpement Durable: http://www.ecologie.gouv.fr). The Agence de l'Environnement et de la Maitrise de l'Energie (ADEME: www.ademe.fr) is the body responsible for implementation of the Decree and for the national register. Main requirements - The Decree states that a national register of EEE producers is being created. This register will list information relating to the placing on the market and disposal of producers' EEE. Ministerial orders still need to be adopted and implemented in order to detail, inter alia, how the national register, collective and individual compliance schemes, the clearing house, modes of treatment and recovery and disposal of WEEE are to operate. These measures are anticipated in the near future with registration expected to become operational in June 2006. If Hong Kong's producers would like to be informed when the measures are adopted, they may fill in a form and send it to the ADEME. The form can be found at: www.ademe.fr/entreprises/Dechets/dechets/dechet.asp?ID=31&o=4&niv=2. Schemes - The Decree makes all producers responsible for the collection and treatment of household WEEE. They must either arrange for collection and treatment themselves, use an approved individual scheme or use a registered collective scheme for separate collection and treatment. Where WEEE is collected by the municipalities, producers must pay a clearing house which will reimburse the municipalities for the extra cost of separate collection. Several WEEE collective schemes have been mentioned, but not yet certified by ADEME. These include: Eco-Systeme, European Recycling Platform France (www.erp-recycling.org), ECO-Logic, Recyclum, and Recy'stem Pro (www.recystempro.com) for business WEEE. Notable differences with Directive - Producers should note that pursuant to Article 17 of the Decree, for a transitional period, they have to inform purchasers, on the invoice, of the cost of removal of EEE waste which was put on the market before 13 August 2005. The French text goes further than the Directive on this point, as the Directive only provides for the possibility of producers using this so-called "visible fee". Penalties - The Decree also provides for penalties in case producers or distributors do not comply with the obligations which are imposed by the Decree. The penalties vary depending on the type of breach. Germany: National Legislation - The German implementing law for the WEEE and RoHS Directives is the "Act governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment" of 23 March 2005, known as the ElektroG. The ElektroG outlines the responsibility of producers for their EEE products once they become waste, and incorporates the substance bans and exempted applications of the RoHS Directive. Competent Bodies - The Federal Environment Agency is in charge of implementing the ElektroG (UBA: www.umweltbundesamt.de/index-e.htm). The UBA acts under the supervision of the Environment Ministry (www.bmu.de). Since 24 November 2005, every producer or distributor wishing to market EEE in Germany has had to be registered with the Clearing House, a private institution operated and financed by producers of EEE, which has government backing and which deals with implementation of the ElektroG. The Clearing House was founded under the name Stiftung Elektro-Altgerate Register ("EAR", see: www.stiftung-ear.de). The Clearing House has now published a fee schedule for registrations, which can be viewed at the following web site: (www.bmu.de/files/pdfs/allgemein/application/pdf/eletrogkostv_eng.pdf) Main requirements - When registering, producers must provide a guarantee for the financing of the recycling cost of private household WEEE. In addition they must indicate the type and quantity (generally by weight, or else in units) of EEE that they put on the market, collect, reuse, recover, recycle or export outside the EU. The EAR will use this data to calculate both the amount of WEEE which needs to be collected from local collection sites by individual registered producers or their sub-contractors for further treatment and the producer's share of the waste management costs in a given year. Failure to register will mean that a producer cannot put his goods up for sale on the German market. From 24 March 2006, schemes concerning the take-back of WEEE must also be implemented. Both the retailer and the producer will be able to take back WEEE from customers. Schemes - Producers and distributors must operate their own collection and treatment systems, find their own recycling subcontractors or join a common scheme. The fulfilment of this duty is a pre-requisite for registering with the EAR. Producers will be provided with a registration number, which must be stated in all transactions as proof of compliance. Common schemes which have been set up by companies include: the European Recycling Platform (www.erp-recycling.org) and Elektro-Geraete Recycling GmbH (www.egr-onilne.de). Further Information on recycling firms can be obtained from the Association for Secondary Raw Materials and Waste Disposal (www.bvse.de/home). Notable differences with Directive - The scope of the ElektroG is in line with the WEEE and RoHS Directives. Penalties - Producers who fail to comply with the major obligations for dealing with WEEE may be fined up to 50,000 euros. If a producer seriously violates his obligation to pick up WEEE from collection points when requested to do so by the EAR, or does not present an adequate guarantee, his registration may be withdrawn, leading to a prohibition on sales. Italy: National Legislation - The Italian framework waste law for the WEEE and RoHS Directives is found in Legislative Decree No. 151 of 25 July 2005 ("Decree 151/2005"). The objectives, responsibilities and categories of equipment listed in Decree 151/2005 are as indicated in the RoHS and WEEE Directives and include importers of EEE where the manufacturer is not located in Italy in the definition of "producers". Competent Bodies - The Italian Ministry of Environment (www.minambiente.it) is responsible for implementing the Decree and is currently still drafting the laws required to fully implement the EU Directive. The ministry is to establish a Supervision and Control of WEEE Management Committee which is to set up and oversee a central Italian register and clearing house. The operating costs of the Committee are to be financed by producers according to their market share. Details on the marketing and financing of this register are expected to be published before mid-February 2006. Main requirements - Once set up, producers will be required to register with their local Chamber of Commerce, which will pass on details to the National Register. Producers will have 90 days to register after the National Register is published. Full implementation of Decree 151/2005 is expected to take place in August 2006 once a framework is fully functional and in place. Schemes - Collective compliance schemes which are being prepared include: the European Recycling Platform (ERP: www.erp-recycling.org) and ecoR'it (www.ecorit.it). Notable differences with Directive - In addition to the requirements of the WEEE and RoHS Directives, the Italian legislation requires additional information to be supplied to consumers. In Article 13 of Decree 151/2005 WEEE producers are required to inform end users about the penalties for incorrect disposal of WEEE. Furthermore, as regards the recovery obligation, producers must ensure recovery of at least 80% of some of the end-of-life goods listed, e.g., toys, automatic dispensers and computers. Penalties - The Italian legislation provides for fines where some of its provisions are breached. In particular:
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