RoHS and WEEE Directives - the EC Reviews

1. RoHS and WEEE Directives - the EC Reviews April 2011

2. Outline of the Presentation Why Reviews? Process Latest Progress – RoHS & WEEE Forward Look & Further Information

3. Why Reviews?

4. Rationale for the RoHS Review Article 6 of the original Directive ‘Mandatory’ issues to be included: - - potential inclusion of WEEE Categories 8 & 9 in scope of RoHS and - potential amendment to the list of substances; RoHS 6+

5. Rationale for the WEEE Review Article 5.5 – Establishment of a new mandatory collection target Article 7.4 – New targets for recovery, reuse and recycling for all categories, including (for the first time) category 8 Article 17.5 – Proposals for a new revised Directive

6. Process

7. European Commission European Parliament Environment Council Negotiations Council 27 Member States Plenary vote + Vote Environment Committee If agreement = first reading deal If no agreement = second reading If no agreement at second reading = conciliation 18 months Commission’s proposals December 2008

8. Key Players in the Environment Council • The Presidency (Czech Republic – Jan to June 2009; Sweden – July to Dec 2009; Spain – Jan to June 2010; Belgium – July to Dec 2010; Hungary – Jan to June 2011; Poland – July to Dec 2011) • The European Commission • All 27 EU Member States

9. WEEE Rapporteur Karl-Heinz FLORENZ Group of the European People's Party (Christian Democrats) Christlich Demokratische Union Deutschlands RoHS Rapporteur Jill EVANS Group of the Greens/European Free Alliance Plaid Cymru - Party of Wales EP Committee on Environment, Public Health and Food Safety

10. Latest Progress

11. The RoHS Recast ** Headline ** Nov. 2010 First Reading Deal Secured!

12. The RoHS recast – Key Issues • Scope - scope exclusions & definitions • Additional Substances • The Exemptions Procedure - new exemptions for Categories 8 and 9 • The ‘Goods Package’

13. 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

14. Scope - Agreed Exclusions • Military equipment • Equipment designed to be sent into space • Equipment designed and installed as part of another type of equipment not within scope • Large-scale stationary industrial tools • Large-scale fixed installations • The means of transport • Non-road mobile machinery for professional use • Active implantable medical devices • Photovoltaic panels • R&D equipment only available on B to B basis

15. Scope - Definitions “Electrical and Electronic Equipment (EEE)” • Same as that in the current RoHS Directive “Dependent” • Commission's 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

16. Additional Substances No immediate change to the restricted list of the RoHS six substances, (ie. lead, mercury, cadmium, hexavalent chromium, PBBs and PBDEs) but……. Recital 10 – HBCDD, DEHP, BBP and DBP REACH-based methodology, Article 6

17. 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 Availability of substitutes Socio-economic impact of substitution Impacts on innovation Life-cycle thinking Stand-alone criteria for granting Criteria for granting and length Criteria for length Exemptions Procedure

18. 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

19. Lists of Exemptions • Annex III exemptions apply to all Categories • Annex IV for exemptions that are specific to Medical Devices and Monitoring & Control Instruments (that is Categories 8 and 9).

20. 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

21. The WEEE Recast ** Headline ** March 2011 Political Agreement on First Reading Reached!

22. The WEEE recast - Key Issues • Scope • New Member State collection target • Higher recovery, reuse & recycling targets • Producer Issues • Illegal shipments

23. 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

24. 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

25. 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

26. 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)

27. 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

28. 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

29. 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 However………

30. Forward Look

31. RoHS • EP Plenary Vote confirmed agreement – 24 November 2010 • Council adoption – 11 April 2011 • OJ publication - June 2011? • New UK Regulations – September 2012? • New Directive applies from January 2013?

32. WEEE • EP Plenary Vote on First Reading – 3 February 2011 • Council political agreement– 14 March 2011 • Second reading from July 2011? • Final agreement – December 2011? • New requirements coming into force – January 2014 or later?

33. Further Information 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-and-product-regulations/environmental-regulations EP website www.europarl.europa.eu/news/public/default_en.htm

34. Thank you and questions? Steve Andrews Environmental & Product Regulation Directorate Department for Business, Innovation & Skills 1 Victoria Street London SW1H 0ET United Kingdom Email - env.regs@bis.gsi.gov.uk Website - www.bis.gov.uk