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
 Reuse criteria
 Discussion
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Yorg Aerts
6 Feb 2012
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 Florenz
Discussions in EP on stream 2010
Vote COM ENVI 22 June 2010
Vote plenary 2-3 February 2011
 Political agreement in Council under HU Presidency 14 March
2011
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Yorg Aerts
23 May 2011
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
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Yorg Aerts
23 May 2011
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
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Yorg Aerts
23 May 2011
Motivation Commission's proposal for recast
Specific objectives of this recast were:
- reduced administrative costs
- improved effectiveness, increased compliance and reduced freeriding
- reduced impacts on the environment from the collection,
treatment and recovery of WEEE
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Yorg Aerts
23 May 2011
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)
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Yorg Aerts
23 May 2011
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)
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Yorg Aerts
23 May 2011
Main elements in recasted Directive
Producer definition:
- in principle a producer is defined when putting equipment on a
national market
- attention for distant sellling
- link with registration: authorized representative
Collection targets:
- 4kg/inh/y or sustain level reached so far above 4 kg
- within 4 years 45% of the EEE put on the market the preceding
three years
- within 7 years 65% or possibility to come to WEEE generatedtarget of 85%
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Yorg Aerts
23 May 2011
Main elements in recasted Directive
Recovery targets:
- preparation for reuse included 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 all dimensions.
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Yorg Aerts
23 May 2011
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
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Yorg Aerts
23 May 2011
Flemish
experience with
WEEE policy
Legal framework:
Flanders
Belgium consists of three regions:
Flanders
Wallonia
Brussels
Environment is for most aspects a
regional competence since 1980
 Integration into regional
legislation since 1980
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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.
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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)
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Legal framework: Flanders
VLAREA, chapter 3:
Producers can comply with the take-back obligation of
WEEE in two ways:
1) 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
1) 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
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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
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What
is theobligation
take-back obligation?
Take-back
Basic principles
Producer/importer responsible for collection, treatment and recovery
Finance
Environmental targets
Awareness raising
Prevention
Reporting
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Recupel:
and
objectives
Collectivemission
scheme:
Recupel
Recupel takes over the take-back obligation of importers and
manufacturers:
1. Logistical structure for collection, transport and recycling of
WEEE
2. Communication and information
3. Financial and administrative structure
4. Self control and reporting
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Recupel
Recupel:Household
household WEEE
WEEE (financial
(financial structure)
structure)
Importer
Manufacturer
Wholesaler
x€
1€
y€
1€
Retailer
1€
z€
Take back
for recycling
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1€
Consumer
Recupel
Recupel:household
householdWEEE
WEEE(collection)
(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
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Recupel
Recupel:household
householdWEEE
WEEEcollection
(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
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Recupel
collection
Recupel:household
householdWEEE:
WEEE (collection)
Belgium subdivided in +/- 70 collection areas
Inter Municipal RCS (Ivago, Intradel, Igean ….)
Distribution RCS (Krëfel, Vandenborre, Siemens ….)
Social Economy (Televil, La Poudrière, …)
Each area has its own ‘RCS’ or Regional Collection Station and
network
Role of a RCS:
To organise and to regroupe the WEEE from the container parks
To sort the WEEE in 5 fractions
Accessible for retail and companies (deposit of large amounts)
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Recupel
Recupel:household
householdWEEE
WEEE(collection)
(collection)
Consumer
Retail
Used
good
centre
Re-use
Container
Park
RCS
FCS
Recycler
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FCS = Finely meshed
collection station
RCS = Regional
collection station
Recupel
Recupel:household
householdWEEE:
WEEE collection
(recycling)
Selection partners based on strict environmental requirements
Storage, sorting and recycling in five fractions because of different
treatment:
EU target
achieved
TVM (TV and CRT monitors)
70%
88%
CF (cool and freeze)
80%
84%
BW (big white)
80%
87%
OTH (other appliances)
70%
73%
LMP (gas discharge lamps)
80%
95%
Flemish targets for ferro, non-ferro, plastics: 95%, 95%, 50%
Achieved: 100%, 100%, 63%
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Recupel
recycling
Recupel:household
householdWEEE:
WEEE (recycling)
Treatment
Manual dismantlement of the dangerous components (CFC,
picture tube, ...)
Specific treatment following the fraction (chemical or
mechanical)
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Recupel
sensibilisation
Recupel:household
householdWEEE:
WEEE (awareness
raising)
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Recupel
Recupel:non
nonhousehold
householdWEEE
WEEE(financial
(financialstructure)
structure)
Household WEEE (All-in Fee)
Per unit put on the Belgian market
Covers all the costs for collection, transport, recycling, communication,
reporting and administration
Non household WEEE (administrative Fee)
Per unit put on the Belgian market
Covers only the costs for communication, administration and reporting to the
government
Covers NO operational costs!
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Recupel
Recupel:non
nonhousehold
householdWEEE
WEEEcollection
(collection)
2 possibilities
The charter:
collection of professional WEEE without direct intervention of Recupel
professional end user agrees with the financial and logistics conditions
with 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 they receive a
fee.
The ‘full service’:
All is handled by Recupel: Recupel chooses a contractor for the
collection and treatment of the professional WEEE. This implies a
charge.
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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
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Individual
scheme
Reuse: Flemish
criteria
WEEE-directive (2002/96):
‘Where appropriate, priority should be given to the reuse of WEEE’
(recital 18)
‘Member states shall give priority to the reuse of whole appliances’
(art.7)
+ waste hierarchy (WFD)
When is it appropriate to give priority to the reuse of WEEE or
used EEE?
 OVAM believes that there is a need for having criteria by which it is
possible to determine whether or not a discarded or used
appliance, from an environmental perspective, is best sent to reuse
or to recycling.
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Individual
scheme
Reuse of CRT-screens
= environmentally responsible?
 Is it environmentally responsible to reuse an old energyconsuming refrigerator?
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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?
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Individual
scheme
Reuse criteria
for different product categories
OVAM has developed a set of specific criteria for different
product categories by which it is possible to determine
whether or not the reuse of a used appliance is
environmentally responsible
Based on 3 requirements:
Objectivity
Environmental relevance
Practical applicability
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Implementation and impact of the reuse criteria in Flemish
Individual scheme
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
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Individual
Content ofscheme
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
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Thank you!
Yorg Aerts | policy team Europe
Policy Innovation Service
Waste and Materials Management Department
OVAM Flemish Public Waste Agency
Stationsstraat 110 | B-2800 Mechelen | BELGIUM
T +32 15 284 348 | F +32 15 413 072
E yorg.aerts@ovam.be | www.ovam.be