WEEE 2 – status of transposition in the EU
Overview of the most important changes for producers and distributors
Support hotline in case of technical problems
English: +49 30 27576 421
German: +49 700 999 66 888
17.07.2014
Katrin Beisswenger
Legal Counsel
1cc GmbH
Sandra Harris
Consultant
1cc GmbH
Stefanie Kutzera
Moderation
Bitkom Servicegesellschaft mbH
Introduction to the virtual classroom (VC)
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Agenda
Introduction: the WEEE-Recast 2012/19/EU
Overview of the most important changes
National differences in comparison Impact on manufacturers and distributors
Preview
Agenda
Introduction: the WEEE-Recast 2012/19/EU
Overview of the most important changes
National differences in comparison Impact on manufacturers and distributors
Preview
Introduction: the WEEE-Recast
-
Revised version of the directive 2002/96/EG by directive 2012/19/EU
-
Published on August 14th 2012, Implementation deadline: 14.02.2014
-
Numerous changes and adjustments, partly requires further clarifications
-
Only a few countries have implemented the WEEE-Recast on time; even today the
legislation has not yet been transferred into national law in all countries
Introduction: The WEEE-Recast
status of national transposition (status: July 10, 2014)
Member State has transposed directive
2012/19/EU
Member State has released draft legislation/ partly
transposed directive 2012/19/EU
DK
IR
UK
NL
LU
Member State has not pubished a draft on the
transposition of directive 2012/19/EU
IT
Country is an EEA-Member
HR
BG
BG
PT
GR
MT
MT
Questions?
Agenda
Introduction: the WEEE-Recast 2012/19/EU
Overview of the most important changes
National differences in comparison Impact on manufacturers and distributors
Preview
Overview of the main changes:
At a glance
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
10 product categories
„open scope“ / 6 categories
„old“ producer definition
„new“ producer definition
1:1 take back
1:1 + 0:1 take back
-
Regulation for cross-border shipments of WEEE
/ used EEE
„old“ collection rates
„new“ collection rates
-
Regulation of "dual use" equipment
Overview of the most important changes:
The product scope
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
10 categories
New product scope
1. Large household appliances
2. Small household appliances
3. IT and telecommunications equipment
4. Consumer equipment
5. Lighting equipment
6. Electrical and electronic tools
7. Toys, leisure and sports equipment
8. Medical devices
9. Monitoring and control instruments
10. Automatic dispensers
Until 2018:
1.-3. identical
4. IT and telecommunications equipment + photovoltaic (PV)
panels
5.-10. identical
From 15. August 2018: „open scope“ and 6
categories
1. Temperature exchange equipment
2. Screens, monitors, and equipment containing screens having a
surface greater than 100 cm2
3. Lamps
4. Large equipment (any external dimension greater than 50cm)
5. Small equipment (no external dimension more than 50cm)
6. Small IT and telecommunication equipment (no external
dimension more than 50 cm)
sowie Umkehr der Regelung zum sachlichen Anwendungsbereich
Overview of the most important changes:
Producer definition
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
…Manufactures and sells EEE under his own brand
…is established in a Member State and
manufactures EEE under his own name or
trademark, or has EEE designed or manufactured
and markets it under his name or trademark within
the territory of that Member State;
…Resells equipment from other suppliers under his
own brand
…is established in a Member State and resells
within the territory of that Member State, under
his own name or trademark, equipment produced
by other suppliers;
…Imports or exports professional electrical or
electronic equipment into a Member State
…is established in a Member State and places on
the market of that Member State, on a
professional basis, EEE from a third country or from
another Member State; or
-
…sells EEE by means of distance communication
directly to private households or to users other than
private households in a Member State, and is
established in another Member State or in a third
country.
Are you a producer or are you a distributor?
Please tick here…
I am a producer
I am a distributor
Overview of the most important changes:
take back obligation (1)
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
In principle1:1 take back obligation for the
distributor
In principle1:1 take back obligation for the
distributor
Overview of the most important changes:
Take back obligation (1)
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
-
0:1 take back obligation for the distributor
for small electrical appliances:
Requirement that retail space will be at least.
400m²
Overview of the most important changes:
Trans-border shipments
„old“ WEEE-Directive
2002/96/EG
WEEE-Recast Directive
2012/19/EU
No regulation exists
Regulation for Trans-border shipments of WEEE/ second
hand EEE in Annex 6:
-
Trans-border shipments of used equipment allowed, only
when:
-
Equipment is fully functional, and
This can be proven according to the requirements of Annex VI
Exemption from this requirement for used equipment, the
(cumulative)
-
under an inter-company transfer agreement
as defective for repair
under warranty
for the purpose of reuse
return it to the manufacturer or a third party acting on his behalf
Overview of the most important changes:
Collection rates
„old“ WEEE-Directive
2002/96/EG
WEEE-Recast Directive
2012/19/EU
Collection rate:
Collection rates until December 2015:
Al least. 4 kg Inhabitant / year
At least. 4 kg Inhabitant / year (only B2C)
Or
Amount of waste that was collected on average by MS in the
previous three years
 depending on which value is higher
(only B2C)
From 2016:
At least. 45% of the average amount of devices put on the
market in the 3 previous years (both B2B and B2C)
From 2019:
At least. 65% of the average amount of devices put on the
market in the 3 previous years
or
85 % of WEEE generated (both B2B and B2C)
Overview of the most important changes:
Dual-use regulation
„old“ WEEE-Directive
2002/96/EG
WEEE-Recast Directive
2012/19/EU
No regulation for „dual use“
equipment
Regulation for „dual use“ equipment
Were classified in the Member
States with different criteria as
either B2B or B2C as.
Clear assignment as B2C:
Devices that can be used by both private as well as
other users, are to be classified as B2C in any case.
Questions?
Agenda
Introduction: the WEEE-Recast 2012/19/EU
Overview of the most important changes
National differences in comparison Impact on manufacturers and distributors
Preview
Comparison of National characteristics - Impact on
Manufacturers and Distributors
 an example from Ireland, the Netherlands and UK
UK
Ireland
Netherlands
Comparison of National characteristics - Impact on
Manufacturers and Distributors
 thresholds
UK
Ireland
the Netherlands
< 5 tons „Small Producer“
No
No
• No obligation to join a Compliance
Scheme
• Registration possible directly with
the competent authority
Comparison of National characteristics - Impact on
Manufacturers and Distributors
 Photovoltaic modules
UK
Ireland
the Netherlands
Additional Category: 14
as B2C device
Category: 4
as B2C device
Category: 4
as B2C device
Comparison of National characteristics - Impact on
Manufacturers and Distributors
 B2B, B2C and dual-use distinction
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
B2C:
Equipment from private households + devices that are similar to that from
private households because of its nature or quantity
B2B:
Everything that does not fall under B2C
Dual-use:
Not defined
Dual-use:
Devices that can be used by both
private as well as other users, are to
be classified as B2C in any case
Fallbeispiele - B2B, B2C und dual-use Unterscheidung
UK
Ireland
the Netherlands
until now
B2B/ B2C Classification
of dual-use products
based on evidence
B2B/ B2C Classification of
dual-use products based
on distribution channel
B2B/ B2C Classification
of dual-use products
based on evidence
new
Guidance document
under revision; new
evidence possible from
2015!
Dual-use products are
always classified as B2C
No dual-use regulation in
the law!
impact
Producers who sell
dual-use products to
industrial end-users
must now also report
these products as B2C
Producers who sell dualuse products to industrial
end-users must now also
report these products as
B2C
Pure practical
interpretation according
to the specification of the
Directive: dual-use =
B2C
Authorized representative - AR
„old“ WEEE-Directive 2002/96/EG
WEEE-Recast Directive 2012/19/EU
To appoint an authorized
Article 17: inter alia Distance sellers
representative was neither a possibility from other countries will need to
nor obligation
appoint an AR in the target country
Fallbeispiele – authorized representative
UK
Ireland
the Netherlands
Until now
No AR required
No AR required
No AR required
new
AR order possible for
direct sales from
abroad (EU + non-EU)
as well as for other
producers
AR required for direct
AR required for direct
sales from EU countries
sales from EU countries
(not for non-EU) as well as (not for non-EU)
possible in the case of
takeover of obligations
NOTE: Obligation also possible due to legislation in the country of origin (UK (-)
IRE (+), NL (+))
impact
Requirements differ from one country to another; always check the legal
situation in the target country and country of origin!
28
Questions?
Agenda
Introduction: the WEEE-Recast 2012/19/EU
Overview of the most important changes
National differences in comparison Impact on manufacturers and distributors
Review
Summary and Review
Overview of the most important To Do’s for producers
and distributors:
Check
products
within the
scope
Re-Check
classification
B2B/B2C
dual-use
Check
labelling
Monitoring of
the national
implementation
Check
Obligations for
distance sellers
Re-check
obligations in
target markets
Check
0:1
Take back
Summary and Review
Overview of the most important To Do’s for producers and
distributors:
Check
products
within the
scope
Re-Check
Check
labelling
classification
B2B/B2C
dual-use
Monitoring of
the national
implementation
Check
Obligations for
distance sellers
Re-check
obligations in
target markets
Check
0:1
Take back
Summary and Review
Overview of the most important To Do’s for producers and
distributors:
Check
products
within the
scope
Check
labelling
Re-Check
classification
B2B/B2C
dual-use
Monitoring of
the national
implementation
Check
Obligations for
distance sellers
Re-check
obligations in
target markets
Check
0:1
Take back
Summary and Review
Overview of the most important To Do’s for producers and
distributors:
Check
products
within the
scope
Re-Check
classification
B2B/B2C
dual-use
Check
labelling
Monitoring of
the national
implementation
Check
Obligations for
distance sellers
Re-Check
Obligations in
target markets
Check
0:1
Take back
Summary and Review
Overview of the most important To Do’s for producers and
distributors:
Check
products
within the
scope
Re-Check
classification
B2B/B2C
dual-use
Check
labelling
Monitoring of
the national
implementation
Check
Obligations for
distance sellers
Re-check
obligations in
target markets
Check
0:1
Take back
Summary and Review
Overview of the most important To Do’s for producers and
distributors:
Check
products
within the
scope
Re-Check
classification
B2B/B2C
dual-use
Check
labelling
Monitoring of
the national
implementation
Check
obligations for
distance
seller
Re-check
obligations in
target markets
Check
0:1
Take back
Summary and Review
Overview of the most important To Do’s for producers and
distributors:
Re-Check
classification
B2B/B2C
dual-use
Check
products
within the
scope
Check
labelling
Monitoring of
the national
implementation
Check
Obligations for
distance sellers
Re-check
obligations in
target markets
Check
0:1
Take back
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Thank you for your attention
Your Partners
Katrin Beisswenger
1cc GmbH
E-mail: k.beisswenger@1cc-consulting.com
Sandra Harris
1cc GmbH
E-mail: s.harris@1cc-consulting.com
Tel.: +49 (0) 7031 439380
URL: www.1cc-consulting.com
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