Waste Matters Regulation, Opportunities & Achievements

1. Waste MattersRegulation, Opportunities & Achievements WEEE – A short post-implementation review Mark Hadley

2. Original Aims • WEEE Directive introduced into UK law in January 2007. • Aim - reduce the amount of EEE being produced and to encourage everyone to reuse, recycle & recover it. • Aim - to improve the environmental performance of businesses that manufacture, supply, use, recycle and recover EEE.

3. Reduce the overall amount of WEEE being deposited in landfill (5-8% year on year increases in EU). Create a separate WEEE waste stream, ensuring it’s processed, accounted for & reported. Fastest growing EU waste-stream 2005. Why have a WEEE Directive?

4. Why not have a WEEE Directive ! • Essential counterpart to RoHS Directive for Pb, Hg, Cd, Cr, PBB and PBDE • Municipal Collection costs for WEEE pass to PCS & therefore to producers/consumers

5. Chronology of WEEE • Feb 2003 > EU Directive 2002/96/EC Issued. • Aug 2004 > WEEE Directive Implementation Date • Jan 2007 > WEEE (Amendment) Regs. SI 2007:3454 passed into law in UK • July 2007 > UK Household & Comm. Producers in PCS • Jan 2008 > EC compliant in all Member States • Dec 2008 > EC proposes revision of WEEE Directive • Jan 2010 > WEEE (Amendment) Regs. SI 2009:2957 • Jan 2012 > Proposal debated by Euro Parliament for a Re-cast WEEE Directive.

6. WEEE Collected since 2007

7. Predicted EU Increase in WEEE Vs Actual Collected Tonnages UK

8. EEE Vs WEEE

9. Where’s the missing WEEE? • Non-obligated WEEE not counted (scrapyards). • Cannot separate small items from general domestic waste • Illegal export of WEEE • No match up between historic rates of EEE placed on market • Appliance lifetime issue • Appliance weight reduction

10. Problems at Inception - Lateness • Directive adopted in 2003, but EU compliant only by Jan 2008. • In the UK, there were three separate consultations, delaying commercial preparedness. • Costs of establishing PCS system increased by delays. • Late implementation of the EA Settlement Centre (Clearing House).

11. Problems at Inception - Complexity • Although Directive only has 19 Articles, implementation left to Member States many of which had operating systems already. • Exclusions – EEE installed in trains, planes & automobiles outside Directive. • Integral Parts – large stationary tools excluded • Some wastes fell within scope of already implemented waste legislation (ELV), or impending legislation (Batteries Directive) 2010

12. Mechanisms for Compliance • Actual compliance varies across Member States, two aspects: >Joining a PCS (mandatory in UK but optional in most EU) >Registration with the Government usually done by PCS, but in 11 countries, it’s a separate process. • Imagine you are a Producer manufacturing/placing product in all 27 Member States!

13. 2007 – 2010 The first 3 years • Day 1, WEEE Day (01.07.2007*) • The new PCS market. • Double counting, the problem with ‘Evidence Notes’ • Public awareness • Intentional over/under collection *Household Waste Collections.

14. Day 1, ‘WEEE Day’ (01.07.2007*) • Substantial number of PCS’s did not have signed contracts with Local Authorities. • Service collections have to start immediately, or old collections continue. • Capex involved in scaling up for contracts by recyclers, training and operational demands.

15. The New PCS Market • 37 PCS are approved by Environment Agency & SEPA, which one should producers join that is most appropriate for them? • All EU Member States have one or more national schemes, but all are fee paying. • Most PCS operate in one country, but a few are EU wide (ERP and RENE). • Most countries have a couple, only Germany and UK multiple PCS’s and Holland where the scheme was based on WEEE categories!

16. Double Counting • Once obligated WEEE arrives at the DCF it awaits collection by appointed collector for PCS. • Evidence notes only issued on treatment, recovery or recycling or WEEE at the AATF. • However, some WEEE passed to a AATF, then on to a ‘final’ processor resulting in double counting of the tonnages.

17. Public Awareness • April 2005 launch of the RSA ‘WEEE Man’ premature. • Initial launch at County Hall, syndicated to 400 TV stations worldwide. • Moved to Bristol Docks with seminars and RSA WEEE Man website & schools programme. • Permanently housed now at Tim Smit’s Eden Project.

18. Public Awareness • 2009 survey, ERP found that 84% of respondents cited public awareness a major problem. • WRAP awareness campaign Dec 2008 (18 months after WEEE) not very successful. • Following selective local authority campaigns using radio and TV, collections increased by 30% (London Remade).

19. Intentional over/under collection WEEE • PCS required to balance producer obligation/collection tonnage. • Producer group supported PCS’s such as Repic failed to get DCF tonnages required, whilst waste management-derived PCS’s got the tonnages, but few producers. • Judicial review 2009 confirms over-collection unlawful, leading to PCS’s encouraged to agree mutual balancing arrangements in advance.

20. 2010 Amended the WEEE Regulations • Streamlining of evidence process – AATF’s and AE’s issue evidence of WEEE received, rather than WEEE treated, thus reducing double counting. • Approved PCS no longer have to apply every 3 years for approval. • New PCS approvals are now ‘open-ended’ based on operational rolling plan each year. No approved plan = no approval.

21. The RECAST WEEE Directive • In Dec 2008 EC proposes revised Directive. • Will involve clarification of producer responsibilities • Give consumers positive involvement in ensuring more EEE goes to collection facilities • Will count in WEEE from all stakeholders, rather than just PCS route, impeding illegal exports • Will set new ambitious collection targets, possibly doubling amount currently reported as collected. (Current target 4Kg per europerson)

22. IT Equipment – A Case Study • There are 10 categories of WEEE • Cat 3, IT & Telecommunications equipment. • In 2010, 206k tonnes placed on market but only 35k tonnes collected by PCS. • Much of the missing waste went direct to processors from the businesses themselves or specialised collectors due to value.

23. …and finally • Producers were charged between £40-£50m for 2010 compliance period. • Under UK Regulations producers not charged actual cost of recycling. • Prices agreed between PCS and WM companies acting behalf of LA’s. • Hidden & complex price setting means recycling costs have fallen, due to rise in value of commodities • WEEE estimated to have a overall net value in 2010!