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New WEEE Directive

New WEEE Directive. Erwan BERGER Luca CAMPADELLO 2014, March 5th. New WEEE Directive Highlights (1/2) The European Parliament and the Council have recasted the WEEE Directive in the interests of clarity. 13 AUG 2012 New Directive. 15 AUG 2015 New min. recovery targets. 15 AUG 2018

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New WEEE Directive

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  1. New WEEE Directive Erwan BERGER Luca CAMPADELLO 2014, March 5th

  2. New WEEE Directive Highlights (1/2) The European Parliament and the Council have recasted the WEEE Directive in the interests of clarity 13 AUG 2012 New Directive 15 AUG 2015 New min. recovery targets 15 AUG 2018 New categories + Min. recovery targets 14 FEV 2014 Transposal 01 JAN 2016 New collection rate targets 01 JAN 2019 New collection rate targets

  3. New WEEE Directive Highlights (2/2) The “target rate of separate collection” based on Kg per inhabitant per year of WEEE from private households is switched to a basis of % of average weight of EEE placed on the market. 13 AUG 2012 New Directive 15 AUG 2015 New recov. targets 15 AUG 2018 New categories & recov. targets Delay in application agreed for some countries 4Kg / Capita 45% POTM 65% POTM 14 FEV 2014 Transposal 01 JAN 2016 New collection rate targets 01 JAN 2019 New collection rate targets

  4. Question 1, 2, 3: 1- If a shipment is in warranty or for repair, do we have to follow the WEEE Annex 6? Or is it a normal shipment like any other product shipment? 2- Must the Declaration required in Annex 6 only be available (e.g as a text on the package or shipping label) or must it be attached as a document to the repair or warranty shipment? 3- Is only a sticker, saying this is not a waste shipment, enough? Or is it necessary to have all documents available (invoice, failure description, etc)? Comment: 1- Erwan : No, the derogation of Annex 6/Point 2 applies to products shipped for repair. A declaration made by the holder who arranges the transport of the EEE that none of the material or equipment within the consignment is waste should be available. 2 & 3- Erwan: A shipment of irreparable used EEE that is returned to the user/ owner should be accompanied by a document carrying conclusive proof that the shipment is taking place in order to return irreparable EEE to the user/ owner and that this shipment is covered by a ‘valid contact’. E.g. the records of the results of evaluation and testing shall be fixed on the used EEE intended to be returned or on its packaging

  5. Question 4, 5, 6 : 4- Is there a difference if a shipment is shipped with Annex 6 from Business customer or an End consumer? 5- How exactly is the “holder” and the “holder who arranges the shipment” defined? E.g. Our customer (EEE producer) request, that we (UPS) pickup a used EEE from a private household consumer and transport it to a repair vendor (of the producer). 6- When we as 3PsP pickup a EEE/WEEE shipment and transport it from origin to destination, could we be defined as a holder? Comment: 4- Erwan: There is normally no difference 5- Erwan: Annex VI refers to the ‘holder of the object’ who intends to ship or is shipping used EEE. The ‘holder of the object’ is the person who is (directly or indirectly) in possession of the used EEE, but who is not necessarily the legal owner of the used EEE. Consequently UPS can be considered as a Holder. 6- Erwan: According to answer to question 5, my understanding is not at point of pickup from client. But in case UPS is also the repair center, then yes from pickup from this repair center

  6. Question 7, 8 : 7- How exactly is the business to business transfer defined? If the holder who arranges the shipment is a private consumer, where we pickup the EEE, but receive the order from a business (e.g. manufacturer). Is it still a business? Are we as 3PsP also a holder, when we posses it? 8- The waste shipping regulation only focus on transboundary movements, which regulations we need to follow in case of a domestic transportation (e.g. within France)? Comment: 7- Erwan: Yes it is a business. If it is a shipment for repair, then derogation of Annex 6/Point 2 applies 8- Erwan: Article 23 says that Member States shall ensure that shipments of used EEE suspected to be WEEE are carried out in accordance with the minimum requirements in Annex VI. However, the annex VI does not highlight if it is for domestic or transborders shipments. Annex VI does not alter the provisions of other waste management legislation. Within France, you can refer to the “Code de l’Environnement” (R 541-49 to R 541-54, R 541-60, R 541-79)

  7. Question 9: 9- Who  decides what product is covered by WEEE,  e.g. is it complete units,  e.g. PC’s laptops, phones or does it include subassemblies of these devices,  what about individual ? Comment: 9- Erwan: Components are not covered by the new WEEE Directive. An assembly kit that consists of components that form an EEE when assembled is also an EEE at the stage when it is sold as an assembly kit. Components put on the market separately in order to be used for repair and/or construction of an EEE and not as part of a complete assembly kit, fall outside the scope of the Directive.

  8. Question 10, 11, 12: 10- Is there a separation made regarding the collection rates for B2B, B2C and toner collection in the WEEE recast? 11- Shouldn’t there be a correction for the percentage of retrieved toners and WEEE based on the quantities of toners and equipment exported or imported in a country and how should this be controlled? 12- Shouldn’t there be a maximum time for a directive, before it will be turned into an European regulation? Comment: 10- Luca: No, thereisn’t a separationbetween B2B and B2C. Toner aren’t WEEE. 11- 12- Luca: No, thereisn’t. In the Directive itissaidthatby 14 August 2015 the Commission • [7.5] common methodology for the WEEE generated and EEE placed on the market • [7.6] revision of the deadlines and the collection targets

  9. Question 13: 13 - Shouldn’t the collection targets be based on the average figures of EEE brought onto the market in the 3 to 5 previous years instead of the EEE put on the market in the reporting year Comment: 13- Luca: The Directive gives two options: • 65% of the average put on the market; • 85% of the WEEE generated Screens: CRT (heavier) vs FPD (lighter) Refrigerators: old one (lighter) vs new one (heavier)

  10. Question 14: 14. In the new WEEE Dir. high target rates are set for the coming years. This seems not to be in line with the Eco Design directive. THANK YOU Comment: 14. Luca: The high targets are for: • Collection (added reuse); • Recovery and Recycling rates (EcoDesign)

  11. RLA Conference & Expo in Amsterdam June 2014

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