| |
| Issue 02, 2006 (20 January) |
WEEE and RoHS update: Ireland, Greece, Portugal and Cyprus
Business Alert-EU continues, in this report, to appraise Hong Kong businesses selling electronic goods in the EU on the implementation status of Directive 2002/96/EC on waste electrical and electronic equipment (WEEE) and Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS). The following text thus provides an update of the current situation in Ireland, Greece, Cyprus and Portugal (issue 25/2005 already covered the UK, Germany, France and Italy, while issue 01/2006 covered Hungary, Spain, Poland and the Netherlands).
IRELAND: National Legislation -- In Ireland the Waste Management Act 1996 was amended by the Waste Management (Electrical and Electronic Equipment) Regulations 2005 (SI 290/2005) on 6 July 2005, so as to enable the implementation of WEEE and RoHS in Ireland. Two further regulations in the form of statutory instruments (SI 340/2005 and SI 341/2005) were published laying down the implementation arrangements for WEEE and RoHS respectively.
Competent Bodies - The Irish legislation on WEEE and RoHS was issued by the Department of the Environment, Heritage, and Local Government (www.environ.ie). The registration system is controlled by the WEEE Register Ltd (www.weeeregister.ie). The Environmental Protection Agency is responsible for enforcing the RoHS regulations and is the main enforcer of the WEEE regulations (www.epa.ie).
Main requirements -- Registration for producers has been required as from 20 July 2005 with the WEEE Register Ltd (www.weeeregister.ie). The registration fee is set yearly and varies depending on turnover (the maximum fee for 2006 is EUR 2,000 for a company with a turnover of EUR1,000,000). A private contractor carries out the clearing house function (receiving information concerning producers' market share etc.), termed the "black box" function. Producers are responsible for the financing of the collection, treatment, recovery and environmentally sound disposal of WEEE from 13 August 2005. Producers are also responsible for the collection of their proportion of WEEE (calculated with reference to market share) arising from EEE placed on the market prior to 13 August 2005. Producers maintain and keep records, and provide a WEEE management plan.
As for the Irish RoHS legislation, this is consistent with the RoHS Directive, imposing a ban on the use of six hazardous substances in EEE where an exemption does not apply.
Notable differences with Directive - Ireland has been granted a two-year extension to the deadline for meeting the collection, recovery and reuse/recycling targets under the WEEE Directive. These thus will begin applying on and from 31 December 2008 (Article 22 of SI 340/2005, WEEE implementing regulations).
Schemes -- Producers in Ireland can fulfil their duties under the Irish WEEE legislation either individually or collectively through one of the two collective schemes which have been approved. These are the European Recycling Platform (ERP) (http://www.erp-recycling.org/index.php?contact_ireland_eng&visible=true) and WEEE Ireland (www.weeeireland.ie). RoHS laboratory testing is available in Ireland at the Envirocentre, laboratory services provided through Enterprise Ireland Ltd (www.envirocentre.ie).
Penalties - The maximum penalties under the Waste Management Acts are a fine not exceeding EUR15,000,000, or imprisonment for a term not exceeding 10 years, or both, for failure to comply with the regulations.
GREECE: National Legislation - Greece transposed both WEEE & RoHS by Presidential Decree No 117/2004, published in the Government Gazette No A82 on 5 March 2004. Pursuant to the provisions of the aforementioned general framework, two ministerial decisions were issued in 2004: Ministerial Decision No 105134 and Ministerial Decision No 112145.
Competent Bodies -- the authority in charge is intended to be EOEDSAP, although for the time being this role belongs to the GEDSAP (www.minenv.gr/anakyklosi/aim.html).
Main requirements -- According to the Greek Legislation all EEE producers and importers were required to register with the national registry by 31 December 2005. The national registry will eventually be maintained by EOEDSAP (for the time being the authority in charge is GEDSAP). There is no registration fee, but registration has to be accompanied by proof of the producer's registration with the only collective scheme in Greece (Appliances Recycling S.A.).
It is also worth noting that, according to the requirements of the Greek waste management legislation, producers and importers of EEE (among other products) must hold a "certificate of alternative management" (PED). Companies must pay a compensation fee in order to receive the PED which varies depending on the territorial coverage of the scheme and on whether it is an individual or a collective one. As the members of a collective scheme may delegate their relevant obligations to the scheme (which receives approval and pays the aforementioned fees), they have only to submit documentation verifying their participation in the scheme and fulfilment of their obligations to it.
As for the Greek RoHS legislation, this is consistent with the RoHS Directive, imposing a ban on the use of six hazardous substances in EEE where an exemption does not apply.
Schemes - So far only one collective take-back and recycling scheme has been set up and approved (Ministerial Decision No 105134) in Greece: Appliances Recycling S.A. (www.electrocycle.gr).
Notable differences with Directive - The main difference of the Greek WEEE regulation with the Community Directive is that the relevant cost for treatment of WEEE must be clearly visible in all invoices issued at the various stages of the distribution chain, save the ones that are issued to final consumers.
Penalties - Failure to comply with Greek WEEE & RoHS Regulations will result in three different set of penalties: criminal, civil and administrative:
|
-
|
Fine
|
|
Criminal penalties
|
Imprisonment of up to three years and/or a fine ranging from a minimum of EUR 300 to a maximum of EUR 3,000.
If the relevant violations were not intentional: imprisonment of up to one years and/or a fine ranging from a minimum of EUR 450 to a maximum of EUR 900
|
|
Civil penalties
|
Every person responsible will have to pay the relevant compensation unless he can prove that the damage was attributable to force majeure or to an intentional act of a third party.
|
|
Administrative penalties
|
1. By the head of the relevant Prefecture:
a. Fine ranging from a minimum of EUR 300 to a maximum of EUR 3,000.
b. Provisional closure for a time period up to 5 days.
2. By the Minister of the Environment, Physical Planning and Public Works:
a. Fine ranging from a minimum of EUR 3,000 to a maximum of EUR 150,000.
b. Provisional closure for a time period exceeding 5 days.
c. Permanent closure
In addition to b and c, a daily fine ranging from a minimum of EUR 600 to a maximum of EUR 3,000 is provided in case of non-compliance with the order of closure.
|
PORTUGAL: National Legislation -- Law-Decree No 230/2004 of 10 December 2004 ("the Decree") fully transposed the WEEE & RoHS Directives. The Decree replaces the previous legislation on electronic waste management (Law-Decree No 20/2002) and includes all the deadlines as contained in both Directives (i.e., the dates for triggering producer responsibility, producers' guarantees and labelling requirements (13 August 2005); the meeting of collection and recycling targets (31 December 2006); and the banning of the hazardous substances in RoHS (1 July 2006)).
On 25 October 2005, an amendment to the Decree was adopted by Law-Decree 174/2005 in order to correct an inconsistency of Article 2 of the Decree which defines the Decree's scope of application with the WEEE Directive.
Competent Bodies -- The ministry in charge of transposing the WEEE and RoHS legislation was the Environment Ministry. The National Waste Institute (www.inresiduos.pt) is responsible for the general supervision of the Portuguese WEEE legislation and -- until a special entity ANREEE takes over this task -- also for maintaining the national register.
Main requirements -- All EEE producers are responsible for the financing, collection, transport, treatment and recycling of WEEE. It is envisaged that producers gradually develop collection schemes that will link the municipal WEEE collection centres, WEEE collected by retailers and the respective individual or collective WEEE collection systems. Producers are also required to mark EEE produced after 13 August 2005 in accordance with the Decree and face several reporting and information obligations.
The Portuguese legislation is consistent with the RoHS Directive, imposing a ban on the use of six hazardous substances in EEE where an exemption does not apply.
Notable differences with Directives -- In Portugal, consumers are obliged to return WEEE in accordance with the Decree. Failure to do so constitutes a contravention which might be subject to a fine. Another difference relates to the distributors' obligation to take back WEEE on a one-to-one basis when supplying new products: if, according to the sales terms, a distributor had to deliver new EEE to a consumer's domicile, the distributor has to provide for a free-of-charge transportation of the WEEE to collection points.
Schemes -- Producers may fulfil their responsibilities individually by establishing an individual system (subject to an authorisation of the National Waste Institute, which requires, amongst others, the provision of a financial guarantee) or they may adhere and delegate their obligations to a collective waste management system (subject to a licence from the Environment Ministry). Pursuant to the Decree, producers might also opt for transferring their obligations with respect to some parts of WEEE to a collective waste management system, while remaining fully responsible for the collection and treatment of the remaining WEEE.
Two collective WEEE schemes are in the process of being licensed: Amb3E (contact: fnlamyfontoura@netcabo.pt) and ERP (www.erp-recycling.org). Both schemes should obtain their license by end-January 2006. RoHS testing is available in Portugal by companies such as Intertek Caleb Brett (see: http://www.itscb.com/newsitetest/news/rohslaboratories.shtml).
Penalties -- Penalties for violating the Portuguese WEEE and RoHS legislation include fines ranging from EUR 250 to EUR 3,700 for individuals and EUR 500 to EUR 44,800 for legal entities respectively. As already stated, it should be noted that individuals might be subject to a fine if they do not return WEEE to a collection centre or retailer as provided for under the Decree.
CYPRUS: National Legislation - The RoHS and WEEE Directives have been implemented by Administrative Act No 668 of 2004, published in Official Gazette No 3888, Annex III (I), on 30 July 2004.
Competent Bodies - Ministry of Agriculture, Natural Resources and the Environment, Environment Service (www.moa.gov.cy)
Main requirements - Companies established in Cyprus importing or retailing EEE must register with the Environmental Service by 31 October 2005. It should be noted that a foreign firm without some form of legal representation in Cyprus cannot register. Instead, the firm's local distributor, agent or reseller will have to register on its behalf. There are no fees applicable for the registration.
As for the Cypriot RoHS legislation, this is consistent with the RoHS Directive, imposing a ban on the use of six hazardous substances in EEE where an exemption does not apply.
Schemes -- There are no collective or individual schemes for the treatment of the WEEE in Cyprus as yet.
Notable differences with Directive -- there are no notable differences.
Penalties - Non-compliance with the WEEE provisions and those prohibiting the use of hazardous substances in EEE is considered a criminal offence punishable with imprisonment of up to three years and/or a fine of up to CYP 20,000 (EUR 35,000). In addition, if there is a danger of or actual damage to the environment because of the violation, Cypriot Courts may order appropriate interim measures.
|
