The EC RoHS and WEEE
Directives
- Stakeholder Update
20 June 2011
Agenda
14:00
14:10
14:30
15:15
15:30
15:50
16:45
Introductions
RoHS Update & Implementation Plans
Q&A and Discussion on Key Issues
Tea & Coffee Break
WEEE Negotiations Update
Q&A and Discussion on Key Issues
Close
European Commission
Commission’s proposals published December 2008
European
Parliament
Vote Environment
Committee
Council
27 Member States
Negotiations
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
Plans
Headline: November 2010
First Reading Deal Secured!
Key Issues
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Scope
Exclusions
Additional Substances
Exemptions Procedure
The ‘Goods Package’
Scope
The Directive will apply to: • the 8 original RoHS Categories
• plus WEEE Categories 8 and 9
– phased in between 3 and 6
years
• plus Category 11 – “Other EEE
not covered by any of the
categories above”!
But delayed………….
Category 11 does not apply for 8
years
…. and subject to review to be
undertaken by Commission
within 3 years
In addition, list of agreed
exclusions to ‘open’ scope
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
“Dependent”
 Commission's old FAQ – dependent on electric
current or electromagnetic fields for its primary
function
 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)
but…….
 will be covered by the review at 3 years which will
be based on a REACH methodology, (Article 6)
Exemptions Procedure
Stand-alone
criteria for
granting
• Substitution is scientifically or technically
impraticable
• Reliability of substitutes
• Total negative environmental, health and
consumer safety impacts of the substitution
outweigh the total environmental, health
and consumer safety benefits
Criteria for
granting and
length
•
•
Availability of substitutes
Socio-economic impact of substitution
Criteria for
length
•
•
Impacts on innovation
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
Renewal
• Application to be made 18 months before exemption
expires
• 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
Devices
Control
Instr.
In vitro
medical
devices
Ind.
monit. +
control
Instr.
Cat 11
Art4
cables
Reuse of recovered EEE spare parts in closed loop exempt (to July 2016)
Transiton
deadline
Review
Annex
IV, IA,
Scope
Cion
delegated
powers
report
(-6mon)
General
review
Forward Look - RoHS
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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
Reached
Key Issues
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Scope
New Member State collection target
Higher recovery, reuse & recycling targets
Producer Issues
Illegal shipments
Scope
Council has proposed the
Directive should apply to:
• the original ten Categories
for 6 years on a ‘closed’
scope basis
Then streamlined to five
Categories on an ‘open’
basis
But ………….
…. subject to review to be
undertaken by
Commission within 3
years
In addition, list of additional
exclusions to ‘open’ scope
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
again…
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 –
practicalities
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
However………
Second reading still to come and EP views conflict
with Council/Member States on:  Scope – immediate ‘open’ scope
 Higher collection targets and
sooner
 Separate reuse targets
 EU-wide definition for ‘producer’
 Retailer obligations
Forward Look
 EP Plenary Vote on First Reading – 3 February
2011
 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
http://ec.europa.eu/environment/waste/weee/index_en.htm
http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm
 BIS website
http://www.bis.gov.uk/policies/business-sectors/environmental-andproduct-regulations/environmental-regulations
 EP website
www.europarl.europa.eu/news/public/default_en.htm