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WEEE Recast it, reuse it

WEEE Recast it, reuse it. Yorg Aerts Policy advisor Public Waste Agency for Flanders , Belgium 6 March 2012. Outline presentation today. WEEE recast Timing of the process Motivation Commission's proposal for recast Main elements in recasted Directive Flemish experience with WEEE

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WEEE Recast it, reuse it

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  1. WEEE Recast it, reuse it Yorg Aerts Policy advisor Public Waste Agency forFlanders, Belgium 6 March2012

  2. 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 3 Yorg Aerts 6 Feb 2012

  3. 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 4 Yorg Aerts 23 May 2011

  4. 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 5 Yorg Aerts 23 May 2011

  5. 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 6 Yorg Aerts 23 May 2011

  6. 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 7 Yorg Aerts 23 May 2011

  7. 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) 8 Yorg Aerts 23 May 2011

  8. 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) 9 Yorg Aerts 23 May 2011

  9. Main elements in recasted Directive Producer definition: - in principle a producer is definedwhen putting equipment on a national market - attention fordistantsellling - link withregistration: authorizedrepresentative Collection targets: - 4kg/inh/y or sustain level reachedso far above 4 kg - within 4 years 45% of the EEE put on the market the precedingthreeyears - within 7 years 65% or possibility to come to WEEE generated-target of 85% 10 Yorg Aerts 23 May 2011

  10. Main elements in recasted Directive Recovery targets: - preparationforreuseincluded 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 alldimensions. 11 Yorg Aerts 23 May 2011

  11. 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 12 Yorg Aerts 23 May 2011

  12. Legal framework: Flanders Flemish experience with WEEE policy Belgium consists of three regions: Flanders Wallonia Brussels Environment is for most aspects a regional competence since 1980 Integration into regional legislation since 1980 13

  13. 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. 14

  14. 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) 15

  15. Legal framework: Flanders VLAREA, chapter 3: Producers can comply with the take-back obligation of WEEE in two ways: • 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 • 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 16

  16. 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 17

  17. What is the take-back obligation? Take-back obligation Basic principles Producer/importer responsible for collection, treatment and recovery Finance Environmental targets Awareness raising Prevention Reporting 18

  18. Recupel: mission and objectives Collective scheme: Recupel Recupel takes over the take-back obligation of importers and manufacturers: • Logistical structure for collection, transport and recycling of WEEE • Communication and information • Financial and administrative structure • Self control and reporting 19

  19. Recupel Household WEEE (financial structure) Recupel: household WEEE (financial structure) Importer Manufacturer Wholesaler x € 1 € New product y € Retailer 1 € 1 € z € 1 € Take back Consumer for recycling 20

  20. Recupel household WEEE (collection) 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 points 21

  21. 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 22

  22. Recupel household WEEE: collection Recupel: household WEEE (collection) Belgium subdivided in +/- 70 collectionareas InterMunicipal RCS (Ivago, Intradel, Igean ….) Distribution RCS (Krëfel, Vandenborre, Siemens ….) SocialEconomy (Televil, La Poudrière, …) Each area has itsown ‘RCS’ or Regional Collection Station andnetwork Role of a RCS: To organiseand to regroupe the WEEE from the container parks To sort the WEEE in 5 fractions Accessibleforretailand companies (deposit of large amounts) 23

  23. Recupel household WEEE (collection) Recupel: household WEEE (collection) Consumer Used good centre Retail Re-use Container Park RCS FCS Recycler FCS = Finely meshed collection stationRCS = Regional collection station 24

  24. Recupel household WEEE: collection Recupel: household WEEE (recycling) Selection partners based on strictenvironmentalrequirements Storage, sortingand recycling in five fractionsbecause of different treatment: TVM (TV and CRT monitors) CF (cool andfreeze) BW (big white) OTH (otherappliances) LMP (gas discharge lamps) Flemish targets forferro, non-ferro, plastics: 95%, 95%, 50% Achieved: 100%, 100%, 63% 25

  25. Recupel household WEEE: recycling Recupel: household WEEE (recycling) Treatment Manual dismantlement of the dangerous components (CFC, picture tube, ...) Specific treatment following the fraction (chemical or mechanical) 26

  26. Recupel household WEEE: sensibilisation Recupel: household WEEE (awareness raising) 27

  27. Recupel non household WEEE (financial structure) Recupel: non household WEEE (financial structure) Household WEEE (All-in Fee) Per unit put on the Belgian market Covers all the costsforcollection, transport, recycling, communication, reportingandadministration Non household WEEE (administrative Fee) Per unit put on the Belgian market Covers only the costsforcommunication, administrationandreporting to the government Covers NO operationalcosts! 28

  28. Recupel non household WEEE collection Recupel: non household WEEE (collection) 2 possibilities The charter: • collection of professional WEEE without direct intervention of Recupel • professional end user agreeswith the financial andlogisticsconditionswith 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 theyreceive a fee. The ‘full service’: • All is handledbyRecupel: Recupelchooses a contractor for the collectionand treatment of the professional WEEE. Thisimplies a charge. 29

  29. Individual scheme non household WEEE: individual schemes • 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 30

  30. Individual scheme Reuse: Flemish criteria WEEE-directive (2002/96): ‘Whereappropriate, priority shouldbegiven to the reuse of WEEE’ (recital 18) ‘Member statesshallgive priority to the reuse of wholeappliances’ (art.7) + waste hierarchy (WFD) When is it appropriate to give priority to the reuse of WEEE or used EEE? • OVAM believesthatthere is a needforhaving criteria bywhich it is possible to determinewhether or not a discarded or usedappliance, fromanenvironmentalperspective, is best sent to reuse or to recycling. 31

  31. Individual scheme Reuse of CRT-screens = environmentally responsible? • Is itenvironmentally responsible to reuse an old energy-consuming refrigerator? 32

  32. Individual scheme Reuse of CRT-screens = environmentally responsible? • 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? 33

  33. Individual scheme Reuse criteria for different product categories OVAM has developed a set of specific criteria for different product categoriesbywhich it is possible to determinewhether or not the reuse of a usedappliance is environmentally responsible Based on 3 requirements: Objectivity Environmentalrelevance Practical applicability 34

  34. Individual scheme Implementation and impact of the reuse criteria in Flemish waste and materials policy - 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 35

  35. Individual scheme Content of the reuse criteria • 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 36

  36. 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 yorg.aerts@ovam.be | www.ovam.be

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